Youth Justice Flashcards

1
Q

What is youth justice and is it a problem?

A

Youth justice is the legal scheme for responding to instances where children or young people break the law. It aims to reduce the chances of young people developing offending careers into adulthood. There are debates about whether youth justice is a problem or not.

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2
Q

What is the purpose of the youth justice system?

A

The purpose of the youth justice system is to respond to instances where children or young persons break the law. It aims to reduce the chances of young people developing offending careers into adulthood and emphasizes strengthening families, whanau, hapu, iwi, and family groups to deal with the offending by their children and young persons.

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3
Q

What are the key focuses of the youth justice system?

A

The youth justice system focuses on diversion (not charging those under 14), understanding the unique characteristics of the teenage brain, addressing underlying causes of offending, involving families/whanau in decision-making, and considering the interests of victims.

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4
Q

What is the trend for youth crime in New Zealand?

A

The trend for youth crime in New Zealand has been consistently dropping for over 17 years. In 2007, approximately 5,000 youth under 17 went to court, while in the last year, it was around 1,300 under 18-year-olds.

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5
Q

What are some common offenses committed by youth offenders?

A

Most youth offenders commit property-related offences, especially vehicle theft and related crimes. There have been some increases in these offences in 2022.

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6
Q

What are some background issues that contribute to youth offending?

A

Some background issues that contribute to youth offending include systemic adversity, ableism impacts, barriers to participation, intergenerational impacts of colonisation and racism, less than optimal prenatal environments, developmental disabilities and high complex needs, adverse childhood experiences (ACEs), trauma, loss, neglect, abuse, and poverty.

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7
Q

What are the principles of the youth justice system?

A

The principles of the youth justice system include diverting from formal proceedings when possible, avoiding using criminal proceedings for well-being services, strengthening families and involving them in decision-making, keeping youth in the community whenever possible, and addressing the underlying causes of offending.

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8
Q

What are the options in the Youth Court?

A

The Youth Court has various options, including discharging the young person as if the charge had never been laid, issuing orders for supervision, community work, reparation, disqualification from driving, and secure Youth Justice Residences. In serious cases, the young person may be transferred to the District Court for sentencing.

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9
Q

What is the role of Family Group Conferences (FGCs) in the youth justice system?

A

FGCs play a central role in the youth justice system as decision hubs. Plans and decisions regarding youth offenders require consensus and agreement among family members, youth, youth advocates, police, victims, OT representatives, and other agencies and support people. The outcomes of FGCs are often ratified in court.

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10
Q

What is the “Care to Prison Pipeline”?

A

The “Care to Prison Pipeline” refers to the phenomenon where individuals who have been in youth care are more likely to remain in the justice system. It involves challenges such as victimization, school exclusions, out-of-home care leading to trouble, suicide/self-harm/early death, poor mental health, substance misuse, homelessness, and intergenerational impacts.

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11
Q

What are some of the costs associated with criminalization?

A

The costs of criminalization include early death due to lack of assistance, traumas experienced by caregivers, miscarriages of justice, perpetuating a cycle of violence in youth justice residences, and the burden of having a criminal record.

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12
Q

Who is typically in justice residences?

A

Answer: On a given day, there are around 100 children in justice residences, with 90% of them being in locked residency. Most of them are aged 14-18, 10-12 are females, 70% are Maori, and 70% are on remand. However, residences are often violent and do not ensure the safety of the children.

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13
Q

What are examples of better alternatives to justice residences?

A

Examples of better alternatives include iwi-led youth remand services that allow connection with culture, specialist one-to-one care with structured routines, mana-enhanced activities, community-based homes, and culturally focused services that reconnect to hapu and cater specifically to Maori.

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14
Q

What are some prevention and intervention strategies for youth justice?

A

Prevention and intervention strategies include targeting younger children before they reach Youth Court, emphasizing early intervention to break the intergenerational cycle, focusing on education as a protective factor, and implementing justice reinvestment approaches that redirect resources to empower individuals and provide support and mentorship to disconnected youth.

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15
Q

What are some failures in addressing youth crime?

A

Failures in addressing youth crime include ineffective boot camps, penal populism, applying the same approaches as with adults, overreliance on imprisonment, failure to address addictions and underlying drivers of offending, and wasting money on the machinery of justice.

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16
Q

What are some recommendations for improving the youth justice system?

A

Recommendations include raising the age of criminal responsibility to 16, enhancing community supports for bail/remand, establishing a new service for 18-25-year-olds, promoting diversion programs, transitioning from youth justice residences to small family-like secure homes, implementing multiagency teams and communication assistants, and actively listening to young people.

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17
Q

What is the Youth Crime Action Plan 2013-2023?

A

The Youth Crime Action Plan emphasizes partnership with communities, alternative action plans to disrupt criminal justice pathways, early intervention, screening, assessment, and diagnosis, increased supports for disabilities, mental health, and education, wraparound services for caregivers and whanau, and specialist navigators and services for neurodiverse individuals involved in child protection and justice.

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18
Q

What is the concept of “building ramps instead of walls”?

A

“Building ramps instead of walls” refers to a proactive approach that focuses on early intervention, comprehensive support services, and active involvement of caregivers and whanau in decision-making. It aims to provide disability, mental health, and education supports, establish small secure homes for children, and enhance communication and collaboration among professionals while valuing the input of young people.

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19
Q

What are some characteristics of the teenage brain that contribute to youth crime?

A

The teenage brain is still developing, with executive functioning and impulse control improving until at least 25 years of age. Sensation-seeking and risky behavior are common due to a lack of life experience to fully understand consequences and exercise self-control. Peer influences play a significant role during this period.

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20
Q

What does the term “diversion” mean in the context of youth justice?

A

Diversion refers to the practice of avoiding formal proceedings in youth justice cases. It involves using measures such as warnings, cautions, or alternative plans through Police Youth Aid. Diversion aims to avoid labeling processes and provide opportunities for rehabilitation and accountability outside of the criminal justice system.

21
Q

What are Rangatahi Courts?

A

Rangatahi Courts are specialised courts in New Zealand that aim to address the specific needs and circumstances of Maori youth offenders. They incorporate Maori cultural practices, values, and language to create a more inclusive and restorative approach to youth justice.

22
Q

Who are the youth offenders?

A

Youth offenders are individuals who commit crimes during their youth, typically between the ages of 14 and 18. They come from diverse backgrounds and can be of any gender or ethnicity.

23
Q

What is the extent of youth crime?

A

The extent of youth crime varies, but it is noteworthy that there has been a significant decrease in youth crime over the past years.

24
Q

What is the youth justice system, and what does it do?

A

The youth justice system is a legal framework designed to respond to instances where children or young persons break the law. It aims to reduce the chances of young people developing a criminal career and focuses on rehabilitation and reintegration.

25
Q

What is the role of prevention, intervention, and action plans in addressing youth crime?

A

Prevention and intervention strategies, along with action plans, are crucial in addressing youth crime. They aim to identify and address the root causes of offending behaviors and provide support and resources to prevent future criminal activities.

26
Q

What are some challenges and consequences related to youth crime?

A

Challenges and consequences of youth crime include victimization, school exclusions, involvement with the child welfare system, mental health issues, substance misuse, homelessness, and intergenerational impacts.

27
Q

What are some culturally focused services in the youth justice system?

A

Culturally focused services in the youth justice system aim to incorporate cultural practices, values, and language to provide more inclusive and effective support to youth offenders from diverse backgrounds.

28
Q

What are some recommended approaches to address the prison pipeline and support young offenders?

A

Recommended approaches include early intervention, education engagement, wraparound services for caregivers and whanau, specialist support for neurodiverse individuals, raising the age of criminal responsibility, community-based support, and effective communication with young people.

29
Q

What are the views of experts regarding boot camps and imprisonment for young offenders?

A

Experts argue against the use of boot camps, penal populism, and treating young offenders the same way as adults. They highlight the importance of addressing underlying issues, such as addictions, providing support, and redirecting resources to empower individuals and reduce crime.

30
Q

What was the key legislation that reformed youth justice and care in New Zealand in 1989?

A

The Children, Young Persons, and Their Families Act.

31
Q

What were the innovative features of the 1989 Act?

A

Recognition of the importance of family, establishment of family group conferences, consideration of victims’ interests, and prioritization of non-custodial responses.

32
Q

What impact did the 1989 Act have?

A

It led to a decrease in the number of children and young people in court and custody.

33
Q

What major reforms occurred in 2017 and 2019?

A

The establishment of the Ministry for Children - Oranga Tamariki and the renaming and reform of the 1989 Act.

34
Q

What are some key principles introduced in the 2019 reforms?

A

Well-being, recognition of Te Ao Māori, effective participation, and restorative justice.

35
Q

What are some key features of New Zealand’s youth justice system?

A

Age parameters, use of diversion, family group conferences, Youth Court practices, and the use of remand and custody for young people.

36
Q

What is the age of criminal responsibility in New Zealand?

A

10 years.

37
Q

What is diversion in the New Zealand youth justice system?

A

Diversion in the New Zealand youth justice system aims to avoid stigmatization and labeling effects by offering informal sanctions and addressing the criminogenic needs of the child or young person.

38
Q

How are family group conferences (FGCs) used in the youth justice system?

A

FGCs centralize decision-making by involving the child or young person, their family/whānau, state officials, and the victim, with a focus on restorative justice principles.

39
Q

What is the role of the Youth Court in New Zealand?

A

The Youth Court resolves the majority of youth offending cases, using a problem-solving court model that involves multi-disciplinary teams and protects privacy rights.

40
Q

What are the effects of custody in the youth justice system?

A

Custody disrupts family and community links, aggregates serious young offenders, and has harmful effects on children and young persons. It disproportionately affects certain groups and is associated with abuse and neglect. Efforts are being made to reduce the use of custody through alternative programs.

41
Q

What are some challenges faced by the youth justice system?

A

Challenges include addressing serious offenders, female offenders, and individuals with additional needs, as well as considering the implications of brain development research.

42
Q

How does the youth justice system in New Zealand handle serious offenders?

A

While most young offenders are dealt with in a specialized system, serious offenders are excluded from the Youth Court, which undermines the principled basis of the system.

43
Q

What is the impact of being dealt with through the adult system for young offenders?

A

Children and young people transferred to the adult system face adult trial procedures and sentences, which can be severe and disproportionate to their youth and stage of brain development.

44
Q

How does the youth justice system affect Māori youth in New Zealand?

A

Māori youth are over-represented in the justice system, and the causes are complex, including effects of colonialism, bias in decision-making, and higher rates of adverse life events. Solutions must be led by Māori.

45
Q

What challenges are associated with female youth offending?

A

While the majority of offenders are male, there are concerns about the increasing prevalence and severity of female youth offending and the lack of specifically designed reintegration programs for them.

46
Q

How does the youth justice system address young people with additional needs?

A

Children and young people with mental illness, learning disabilities, or neuro-disabilities face challenges in understanding procedures, following instructions, and avoiding criminalization. Measures like communication assistants have been introduced to support them.

47
Q

What is the concept of young adulthood in the youth justice system?

A

Young adulthood is recognized as a distinct period with characteristics that justify special procedures and mitigation in criminal justice outcomes. Reforms are already in place in New Zealand to address this age group.

48
Q

What should be the focus of future reform in the youth justice system?

A

Future reform should prioritize Mori-led responses for Mori children, engage children in evaluations and reform, consider the universality of special measures for children, and balance the rights and interests of all stakeholders.