Week 3- Institutions of Juvenile Justice Flashcards

1
Q
What are the key Juvenile Justie Legislations in Queensland
youth o\_\_\_\_\_ ( \_\_\_\_\_\_ \_\_\_\_\_ \_\_\_\_\_)
youth \_\_\_\_ \_\_\_\_\_\_
youth \_\_\_\_\_\_ \_\_\_\_\_\_\_
childrens \_\_\_\_ \_\_\_\_\_\_
A
  • Youth Offenders (Interstate Transfer) Act 1987
  • Youth Justice Act 1992 (formally known as Juvenile Justice Act)
  • Youth Justice Regulations 2003 (formally known as the Juvenile Justice Regulations)
  • Children’s Court Act 1992
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2
Q

what are some gaps of coverage in the legislative framework?

A
  • Youth offenders family participating in the decision making process
  • You offenders own wishes
  • childs sense of time
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3
Q

What are some criticisms put forward by the Youth Justice Coalition (circa 1990)?
too few ____
too much _____
offenders ___ ____

A
  • too few rights afforded to youth suspects and offenders
  • too much discretion afforded to government officials
  • lack of decision-making criteria in the legislation
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4
Q

What is CRC?

A

Convention on the Rights of the Child

International Human rights standard

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5
Q

What is Beijing Rules

A

Standard Minimum Rules for the Administration of Juvenile Justice 1985

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6
Q

What is Riyadh Guidlines

A

Guidelines for the Prevention of Juvenile Delinquency 1990

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7
Q

Which article of the CRC does this come from?

The best interests of the child shall be the primary consideration

A

Article 3.1

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8
Q

Explain article 37 of the CRC

A
  • a) no torture or cruel, inhumane or degrading treatment or punishment
  • b) no arbitrary or unlawful deprivation of liberty- and even if legal and appropriate, only as a last resort and for the shortest appropriate period
  • c) must be treated with humanity and respect while in detention, and unless exceptions apply, should be separated from adults, and be given access to their family
  • d) while in detention, they must have the right to prompt access to legal assistance and be able to challenge their detention order in court
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9
Q

Article 40(2)(b) of the CRC:

A
  • presumed to be innocent until proven guilty
  • to be informed of the charges and to have legal assistance
  • to be tried before a competent court
  • not to be compelled to give testimony
  • to have a right to appeal against a guilty verdict
  • to have an interpreter if needed
  • to have his/her privacy protected
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10
Q

What is a type of domestic rights legislation?

A

Human Rights Act 2004 (ACT), Section 20

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11
Q

Who are the major key plays in the juvenile justice system?

A

police, courts, family/community service department/ juvenile justice department, community based organisations

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12
Q

What do key players have?

A

respective institutional interests

significant or powerful individuals working within these oganisations

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13
Q

what are statutory bodies?

A

commissioners for children
ombudsmens offices
Australian human rights commission

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14
Q

the three types of governments in key players

A

the commonwealth government
local government
non-government organisations

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15
Q

what are the two types of accountability and regulations

A

legal and non-legal

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16
Q

juvenile justice should be administered:

A

fairly
responsibly
appropiately

17
Q

what is needed from the statistical analysis-dominant approach and why

A

Programme evaluation
qualitive research
why:
public policy must be evidence based

18
Q

what are the underlying philosophies and principals of the juvenile/youth justice system?

A

The welfare model

The justice model

19
Q

What is the justice model?

A

conformity through punishment and reformation

20
Q

What is the welfare model?

A

conformity through social engineering and rehabilitation