Week 3- Institutions of Juvenile Justice Flashcards
What are the key Juvenile Justie Legislations in Queensland youth o\_\_\_\_\_ ( \_\_\_\_\_\_ \_\_\_\_\_ \_\_\_\_\_) youth \_\_\_\_ \_\_\_\_\_\_ youth \_\_\_\_\_\_ \_\_\_\_\_\_\_ childrens \_\_\_\_ \_\_\_\_\_\_
- 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
what are some gaps of coverage in the legislative framework?
- Youth offenders family participating in the decision making process
- You offenders own wishes
- childs sense of time
What are some criticisms put forward by the Youth Justice Coalition (circa 1990)?
too few ____
too much _____
offenders ___ ____
- too few rights afforded to youth suspects and offenders
- too much discretion afforded to government officials
- lack of decision-making criteria in the legislation
What is CRC?
Convention on the Rights of the Child
International Human rights standard
What is Beijing Rules
Standard Minimum Rules for the Administration of Juvenile Justice 1985
What is Riyadh Guidlines
Guidelines for the Prevention of Juvenile Delinquency 1990
Which article of the CRC does this come from?
The best interests of the child shall be the primary consideration
Article 3.1
Explain article 37 of the CRC
- 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
Article 40(2)(b) of the CRC:
- 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
What is a type of domestic rights legislation?
Human Rights Act 2004 (ACT), Section 20
Who are the major key plays in the juvenile justice system?
police, courts, family/community service department/ juvenile justice department, community based organisations
What do key players have?
respective institutional interests
significant or powerful individuals working within these oganisations
what are statutory bodies?
commissioners for children
ombudsmens offices
Australian human rights commission
the three types of governments in key players
the commonwealth government
local government
non-government organisations
what are the two types of accountability and regulations
legal and non-legal