Review: Child victims and restorative justice: A needs-rights model

from the article by Bill Lyons in Law & Politics Review:

....Combining the right to participate from the Convention on the Rights of the Child with an empirical analysis of a child's need to regain control, participation emerges as a critically important need and right for at least three reasons. First, for immediate instrumental reasons, participation is both an immediate coping mechanism and is expected to improve criminal justice outcomes. Second, for longer term developmental reasons, meaningful participation in experiential learning opportunities is a developmental step toward empowering young adults to master the problem solving skills necessary to make democracy both possible and desirable.

Dec 19, 2011 Human Rights, Limitations, Juvenile, Theory, Book Review, Practice, Conceptual

• Read More

Child Justice Act undercut from within

from the article by Don Pinnock in the Mail & Guardian Online:

Even before it began the rocky climb through the parliamentary process, the Child Justice Bill was considered to be internationally path-breaking legislation. It was born in the euphoria of the early 1990s in a country where youth had been considered politically lethal, whipping was a sentence, imprisonment the standard response to wrongdoing and torture considered a legitimate interrogation method.

The new legislation sought to provide restorative justice by diverting child offenders from this punitive justice system and keeping them out of prisons, which simply hardened criminality. It devised ways to work with offenders and victims to restore harmony in the community where the crime took place. Punishment would be tailored to the crime and dealt in a way that maintained the self-respect of the offender as well as the approval of both community and victim.

Oct 07, 2011 Juvenile, Practice, Police, Guidelines, Country:South Africa, Policy, Region: Africa, Conceptual, Standards

• Read More