OECS JUVENILE JUSTICE REFORM PROJECT/ JUDICIAL EDUCATION IN - PowerPoint Presentation

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OECS JUVENILE JUSTICE REFORM PROJECT/ JUDICIAL EDUCATION INSTITUTE (JEI) OF THE EASTERN CARIBBEAN SUPREME COURT MAGISTRATES CONFERENCE TRAINING WORKSHOP FOR THE CARIBBEANLOOKING TOWARDS A NEW DAWN: DIVERSION IN JUVENILE JUSTICE26-28 August, 2013The Verandah Resort & Spa AntiguaIndian Town Road, Long Bay, Antigua and BarbudaSession 3 : DiversionFacilitator: Hazel Thompson-Ahye LLM Merit Family Law

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DiversionDefinitionRemoval of a juvenile offender from formal juvenile justice proceedings and directing him/her towards community support, both formal and informal by police, prosecution, or other agency e.g. court. See Rule 11(2) Beijing RulesMeasures for dealing with children alleged as, accused of, or recognized as having infringed the penal law without resorting to judicial proceedings, providing human rights and legal safeguards are fully respected. Article 40(3) (b) Convention on the Rights of the Child.When? At any stage of the juvenile justice process.In what type of case? Petty or serious offences.

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DiversionGuiding Principles (CRC General Comment No 10)Human rights, legal safeguards must be respected, protected.Admission of responsibility/finding of guilt.No pressure must be applied.Free and voluntary consent to be given in writing by child, parent/guardian.Law/policy empowering police, prosecutor to divert.Availability of legal advice/appropriate assistance.Opportunity for reviewCompletion of diversion should bring end to case.3Slide4

DiversionGuiding Principles: See also-Guidelines for Action on Children in the Juvenile Justice System: Action 15Appropriate steps should be taken to make available a broad range of alternative measures at pre-arrest, pre-trial, trial and post -trial .4Slide5

IMPORTANCE OF DIVERSIONWhy use diversion?Avoids stigmatization of child, social isolation, negative publicity, Aids reintegration Frees the court of a number of casesCan address problematic behaviour and avoid its escalating into more serious problemsCan provide an avenue for a more appropriate response to wrong-doing.5Slide6

DIVERSION PROGRAMMESREGIONAL/ INTERNATIONAL PERSPECTIVESInformal, unstructured; formal/structuredWarning, caution( police) penal warning ( court) reprimand and dischargeCare, guidance, supervision, probation, foster careCounselling, family intervention programmesCompensation, restitution, confiscation of propertyConditional dischargeEducational and vocational training programmesCommunity service Mediation6Slide7

DIVERSION PROGRAMMESREGIONAL/ INTERNATIONAL PERSPECTIVESRestorative justice (Australia, South Africa, North America)Drug treatment programmesMentoring programmesDay report centres,Youth contractsCommunity monitoringOther specialist programmes7Slide8

DIVERSION PROGRAMMES-International perspectivesJuvenile Justice System Enhancement Strategy(JJSES)Penn. Professionals-Chief Probation Officers, juvenile prosecutors, defenders, delinquency service providers, juvenile court judge, victim services, children, youth administrators came together1.Established leadership team 2.Created statement of purpose Work in partnership to enhance capacity of Pennsylvania jjses to achieve balanced and restorative justice mission by -employing evidence-based practice with fidelity at every stage of jj process-collecting and analyzing the data necessary to measure the results o these efforts; and with this knowledge, striving to continuously improve the quality of the decisions, services and programmes. ( Keith Snyder, Deputy Director Pa. Juvenile Court Judges Commission)

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DIVERSION PROGRAMESJuvenile Justice System Enhancement Strategy(JJSES) Developed a plan/Communicate/Measure ProgressEvidence - based practices: use of scientific research to guide and inform efficient and effective justice service-guide policy/practice. Objective and more accurate method to determine risk of re-offending. Research to improve consistency and objectivity. Why probation approaches ineffective? Too much attention to low risk , too little to high risk, to research, work load too high, system not in alignment, wrong focusAssessment of low risk, moderate, high, very high.

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DIVERSION PROGRAMMES-International perspectivesJuvenile Justice System Enhancement Strategy JJSESLow risk: no history anti-social behaviour, supportive family, prosocial friends, engaged positive activitiesRisk management (low risk) least restrictiveRisk reduction (moderate/ high) address criminogenic needs)Risk control (extreme high risk) control risk of reoffending under correctional authority.Key principlesRisk principle- (Who to target)The need principle- What to target

Responsivity

principle

(How to match)

Treatment Principle

(Which

programme

)

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DIVERSION PROGRAMMES-International PerspectivesJuvenile Justice System Enhancement Strategy (JJSES)The Need PrincipleAntisocial thinking - blame others, takes no responsibility, lack of respect for authorityPeers and associates -with delinquent histories, antisocial lifestyles, positive affirmation of antisocial actsPersonality (coping skills)-problem solving, emotional regulation, anger management, impulsivity, easily boredFamily- stressors in home, harsh parenting, non-caring, lack of warmth, lack of accountability, victimisationSubstance abuse-drug/alcohol abuse, history of drug/alcohol abuse in home, lack of support to acquire, maintain sobrietyEducation- poor academic achievement, poor school attendance, conflict with school authorities, no home supportEmployment- poor work history, conflict on job, poor attendance, lack of support for achievementLeisure

- lack of interest in social recreational pursuits, plenty idle time, lack of structure in after school hours

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DIVERSION PROGRAMMES-International PerspectivesJJSESResponsivity principle- Identifying mode and style of service suitable for juvenile – this involves matching learning style and abilities of offender with personnel delivering service.Treatment principle-What does not work-Punishment, sanctions, incarceration, fear-based programme-scared straight, shaming programme, intensive supervison without treatment, drug education, drug prevention focusing on fear or emotional appeal, non-action group counselling What works-programmes that focus on criminogenic needs, match offender to right programme, family- based approach, positive reinforcement, seek right level of dosage, intensity.

Know the who, what, how, which

.

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DIVERSION PROGRAMMES-International PerspectivesCognitive-behavioural therapy (CBT)Services geared towards specific risks and needs of offender-evaluation-impact treatment of reoffending positive cost-benefit outcomeBlend of behavioural theory- external behavours and cognitive therapy-internal thought process Develop skills for living in harmony with community and engage in behaviour that contribute to positive outcomes in societyNot enough for individuals to resolve own personal problems treatment focus on responsibility towards others and community.Two important components:1. Provider 2. Relationship between provider and client

Milkman, H and Kenneth

Wanberg

: Cognitive-

Behavioural

Treatment A review and discussion for Corrections Professionals

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DIVERSION PROGRAMMES-International PerspectivesEg.CBT programme: Aggression Replacement Training-ART An intervention for aggressive adolescents and children consistent with the restorative practice framework.Studies have shown its efficacy with skill learning, anger control and reducing recidivism. 3 components: 1. SkillStreaming (behavioural component)-social skills training- a curriculum of prosocial, interpersonal skills- what to do instead of aggression, dealing with anger -provoking events.2. Anger Control Training (affective component)- teaches youth what not to do if provoked- teaches self control competencies.

3

. Moral

responsibilty

training (cognitive component)

-promotes values that respect the rights of others, raise level of sense of fairness, justice, help youths want to use the interpersonal and anger management skills taught

International Institute for Restorative Practices

10 –week, 30 hour intervention

programme

administered to groups of 8 – 12 youths three times per week

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DIVERSIONSome concernsNet widening Diversion programmes designed to divert youths from the judicial process might bring into the system youths who otherwise might not have entered the system because of paucity of evidence. Infringement of due processRight to silence / presumption of innocence at risk?15