Australia's Children's Courts Today and Tomorrow

Australia's Children's Courts Today and Tomorrow
Author: Rosemary Sheehan
Publisher: Springer Science & Business Media
Total Pages: 220
Release: 2013-04-05
Genre: Law
ISBN: 9400759282

The Children’s Court is one of society’s most important social institutions. At the same time, it is steeped in controversy. This is in large measure due to the persistence and complexity of the problems with which it deals, namely, juvenile crime and child abuse and neglect. Despite the importance of the Children’s Court as a means of holding young people accountable for their anti-social behaviour and parents for the care of their children, it has not been the subject of close study. Certainly it has not been previously studied nationally. This book, an edited collection, is based on the findings of study that spanned the six States and two Territories of Australia. The study sought to examine the current challenges faced by the Children’s Court and to identify desirable and feasible directions for reform in each State and Territory. A further unique feature of this study is that it canvassed the views of judges and magistrates who preside over this court.

Australian Courts

Australian Courts
Author: Marg Camilleri
Publisher: Springer Nature
Total Pages: 412
Release: 2023-01-10
Genre: Social Science
ISBN: 3031190637

This edited collection brings together scholars and practitioners in every chapter to provide a comprehensive and unique exploration of courts in Australia. The primary focus is to identify controversies, challenges and change, in the form of potential reforms within the courts across Australian jurisdictions. Bringing forward original research and scholarship on a wide array of courts in Australia, combined with insightful practitioner perspectives, research will be effectively integrated with practice. This book is the first comprehensive collection of its kind to canvas the diversity of courts in Australia, providing comprehensive critical analysis of contemporary issues, debates and reforms. It considers the array of courts across state, territory and national jurisdictions in Australia, including coroners’ courts, family courts, criminal, civil courts and problem solving courts. It also adopts an intersectional approach, providing insights into the perspectives of various court users such as people with disability, ethnic minorities, Indigenous Australians, and victims of crime. Each chapter provides opportunities for further debate among scholars, practitioners and students regarding potential future directions for reform to improve the efficacy, equity and accessibility of Australian courts.This collection serves as an international ready reference for students, scholars and practitioners alike.

Youth Justice and Penality in Comparative Context

Youth Justice and Penality in Comparative Context
Author: Barry Goldson
Publisher: Routledge
Total Pages: 242
Release: 2020-10-29
Genre: Law
ISBN: 1351242121

This book represents the first major analysis of Anglo-Australian youth justice and penality to be published and it makes significant theoretical and empirical contributions to the wider field of comparative criminology. By exploring trends in law, policy and practice over a forty-year period, the book critically surveys the ‘moving images’ of youth justice regimes and penal cultures, the principal drivers of reform, the core outcomes of such processes and the overall implications for theory building. It addresses a wide range of questions including: How has the temporal and spatial patterning of youth justice and penality evolved since the early 1980s to the present time? What impacts have legislative and policy reforms imposed upon processes of criminalisation, sentencing practices and the use of penal detention for children and young people? How do we comprehend both the diverse ways in which public representations of ‘young offenders’ are shaped, structured and disseminated and the varied, conflicting and contradictory effects of such representations? To what extent do international human rights standards influence law, policy and practice in the realms of youth justice and penality? To what extent are youth justice systems implicated in the production and reproduction of social injustices? How, and to what degree, are youth justice systems and penal cultures internationalised, nationalised, regionalised or localised? The book is essential reading for researchers, students and tutors in criminology, criminal justice, law, social policy, sociology and youth studies.

Broken

Broken
Author: Camilla Nelson
Publisher: Black Inc.
Total Pages: 289
Release: 2021-08-31
Genre: Law
ISBN: 1743821956

A devastating account of how Australia’s family courts fail children, families and victims of domestic abuse The family courts intimately affect the lives of those who come before them. Judges can decide where you are allowed to live and work, which school your child can attend and whether you are even permitted to see your child. Lawyers can interrogate every aspect of your personal life during cross-examination, and argue whether or not you are fit to be a parent. Broken explores the complexities and failures of Australia’s family courts through the stories of children and parents whose lives have been shattered by them. Camilla Nelson and Catharine Lumby take the reader into the back rooms of the system to show what it feels like to be caught up in spirals of abusive litigation. They reveal how the courts have been politicised by Pauline Hanson and men’s rights groups, and how those they are meant to protect most – children – are silenced or treated as property. Exploring the legal culture, gender politics and financial incentives that drive the system, Broken reveals how the family courts – despite the high ideals on which they were founded – have turned into the worst possible place for vulnerable families and children. Camilla Nelson is an associate professor in media at the University of Notre Dame Australia. A former Walkley Award winner, her writing has appeared in The Conversation, The Independent, Guardian Australia, Mamamia, Marie Claire and the ABC. Broken is her fifth book. Catharine Lumby is a media professor at the University of Sydney. She has a law degree, is the author of six books and has written for The Guardian, The Sydney Morning Herald, ABC-TV and The Bulletin. 'What happens to kids in our family law system should be a national scandal – and yet, so few people know about it. This book finally lifts the lid on this broken system, and shows how this once-great institution now regularly orders children to see or live with dangerous parents, and bankrupts the victim-parents trying to protect them. An urgent call to action.'—Jess Hill, author of See What You Made Me Do 'This searing review of Australia’s family court system is in turns heartbreaking and enraging. Drawing on recent cases and interviews, it shows how family violence continues to be misunderstood and how violent perpetrators are able to manipulate the legal system. It reveals that too often children are not heard, sometimes with devastating outcomes. This book is an urgent appeal: we must do better.'—Professor Heather Douglas, author of Women, Intimate Partner Violence and the Law

Juvenile Justice

Juvenile Justice
Author: Chris Cunneen
Publisher:
Total Pages: 432
Release: 2002
Genre: Family & Relationships
ISBN:

This book provides an introduction to the main concepts and issues in juvenile justice in Australia, and provides a consolidated overview of the dynamics of youth crime and the institutions of social control. This book will be of particular interest to criminology and law students.

Offending Youth

Offending Youth
Author: Kerry Carrington
Publisher: Federation Press
Total Pages: 228
Release: 2009
Genre: Social Science
ISBN: 9781862877597

Rates of female delinquency, especially for violent crimes, are increasing in most common law countries. At the same time the growth in cyber-bullying, especially among girls, appears to be a related global phenomenon.While the gender gap in delinquency is narrowing in Australia, United States, Canada and the United Kingdom, boys continue to dominate the youth who commit crime and have a virtual monopoly over sexually violent crimes. Indigenous youth continue to be vastly over-represented in the juvenile justice system in every Australian jurisdiction. The Indigenisation of delinquency is a persistent problem in other countries such as Canada and New Zealand.Young people who gather in public places are susceptible to being perceived as somehow threatening or riotous, attracting more than their share of public order policing. Professional football has been marred by repeated scandals involving sexual assault, violence and drunkenness. Given the cultural significance of footballers as role models to thousands, if not millions, of young men around the world, it is vitally important to address this problem. Offending Youth explores these key contemporary patterns of delinquency, the response to these by the juvenile justice agencies and moreover what can be done to address these problems.The book also analyses the major policy and legislative changes from the nineteenth to twenty first centuries, chiefly the shift the penal welfarism to diversion and restorative justice. Using original cases studied by Carrington twenty years ago, Offending Youth illustrates how penal welfarism criminalised young people from socially marginal backgrounds, especially Aboriginal children, children from single parent families, family-less children, state wards and young people living in poverty or in housing commission estates. A number of inquiries in Australia and the United Kingdom have since established that children committed to these institutions, supposedly for their own good, experienced systemic physical, sexual and psychological abuse during their institutionalisation. The book is dedicated to the survivors of these institutions who only now are receiving official recognition of the injustices they suffered.The underlying philosophy of juvenile justice has fundamentally shifted away from penal welfarism to embrace positive policy responses to juvenile crime, such as youth conferencing, cautions, warnings, restorative justice, circle sentencing and diversion examined in the concluding chapter.Offending Youth is aimed at a broad readership including policy makers, juvenile justice professionals, youth workers, families, teachers, politicians as well as students and academics in criminology, policing, gender studies, masculinity studies, Indigenous studies, justice studies, youth studies and the sociology of youth and deviance more generally.

Children, Autonomy and the Courts

Children, Autonomy and the Courts
Author: Aoife Daly
Publisher: BRILL
Total Pages: 467
Release: 2017-12-18
Genre: Law
ISBN: 9004355820

In this book Aoife Daly argues that where courts decide children’s best interests (for example about parental contact) the UN Convention on the Rights of the Child's "right to be heard" is insufficient, and autonomy should instead be the focus. Global law and practice indicate that children are regularly denied due process rights in their own best interest proceedings and find their wishes easily overridden. It is argued that a children’s autonomy principle, respecting children’s wishes unless significant harm would likely result, would ensure greater support for children in proceedings, and greater obligations on adults to engage in transparent decision-making. This book is a call for a reconceptualisation of the status of children in a key area of children’s rights.