A New Juvenile Justice System


Book Description

A New Juvenile Justice System aims at nothing less than a complete reform of the existing system: not minor change or even significant overhaul, but the replacement of the existing system with a different vision. The authors in this volume—academics, activists, researchers, and those who serve in the existing system—all respond in this collection to the question of what the system should be. Uniformly, they agree that an ideal system should be centered around the principle of child well-being and the goal of helping kids to achieve productive lives as citizens and members of their communities. Rather than the existing system, with its punitive, destructive, undermining effect and uneven application by race and gender, these authors envision a system responsive to the needs of youth as well as to the community’s legitimate need for public safety. How, they ask, can the ideals of equality, freedom, liberty, and self-determination transform the system? How can we improve the odds that children who have been labeled as “delinquent” can make successful transitions to adulthood? And how can we create a system that relies on proven, family-focused interventions and creates opportunities for positive youth development? Drawing upon interdisciplinary work as well as on-the-ground programs and experience, the authors sketch out the broad parameters of such a system. Providing the principles, goals, and concrete means to achieve them, this volume imagines using our resources wisely and well to invest in all children and their potential to contribute and thrive in our society.




Caring for Families in Court


Book Description

In many US courts and internationally, family law cases constitute almost half of the trial caseload. These matters include child abuse and neglect and juvenile delinquency, as well as divorce, custody, paternity, and other traditional family law issues. In this book, the authors argue that reforms to the family justice system are necessary to enable it to assist families and children effectively. The authors propose an approach that envisions the family court as a "care center," by blending existing theories surrounding court reform in family law with an ethic of care and narrative practice. Building on conceptual, procedural, and structural reforms of the past several decades, the authors define the concept of a unified family court created along interdisciplinary lines — a paradigm that is particularly well suited to inform the work of family courts. These prior reforms have contributed to enhancing the family justice system, as courts now can shape comprehensive outcomes designed to improve the lives of families and children by taking into account both their legal and non-legal needs. In doing so, courts can utilize each family’s story as a foundation to fashion a resolution of their unique issues. In the book, the authors aim to strengthen a court’s problem-solving capabilities by discussing how incorporating an ethic of care and appreciating the family narrative can add to the court’s effectiveness in responding to families and children. Creating the court as a care center, the authors conclude, should lie at the heart of how a family justice system operates. The authors are well-known figures in the area and have been involved in family court reform on both a US national and an international scale for many years.







What Is a Family Justice System For?


Book Description

Does a justice system have a welfare function? If so, where does the boundary lie between justice and welfare, and where can the necessary resources and expertise be found? In a time of austerity, medical emergency, and limited public funding, this book explores the role of the family justice system and asks whether it has a function beyond decision-making in dispute resolution. Might a family justice system even help to prevent or minimise conflict as well as resolving dispute when it arises? The book is divided into 4 parts, with contributions from 22 legal scholars working across Europe, Australia, Argentina and Canada. - Part 1 looks at what constitutes a family justice system in different jurisdictions, and how a welfare element is included in the legal framework. - Part 2 looks at those engaged with a family justice system as professionals and users, and explores how far private ordering is encouraged in different countries. - Part 3 looks at new ways of working within a family justice system and raises the question of whether the move towards privatisation derives from the intrinsic value of individual autonomy and acceptance of responsibility in family disputes, or whether it is also a response to the increasing burden on the state of providing a welfare-minded family justice system. - Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany.




A new justice system for families and children


Book Description

Located on the internet and in communities throughout BC, often in the courthouse, this is where people will go to learn about their rights and obligations and about the options available to them, and be referred to the services they need. [...] The reality is that the vast majority of family cases settle without a trial: we recommend that the family justice system reflect this reality and promote consensual settlements that are timely and enduring and arrived at in a way that minimizes expense and harmful conflict. [...] Lawyers, and the network of service providers working with families, including mediators, psychologists, social workers and counsellors, need to use their communication and advocacy skills to educate the public, and legislators, about the importance of family law, and champion the cause of reform of our family justice system. [...] A NEW JUSTICE SYSTEM FOR FAMILIES AND CHILDREN 2 The Working Group and Its Project The Family Justice Reform Working Group was appointed in the summer of 2003 by the Justice Review Task Force. [...] Established on the initiative of the Law Society of BC in March 2002, its members include the Chief Justice of the BC Supreme Court; the Chief Judge of the BC Provincial Court; and representatives of the Law Society of BC, the Canadian Bar Association, and the Ministry of Attorney General.




Justice for Kids


Book Description

Children and youth become involved with the juvenile justice system at a significant rate. While some children move just as quickly out of the system and go on to live productive lives as adults, other children become enmeshed in the system, developing deeper problems and or transferring into the adult criminal justice system. Justice for Kids is a volume of work by leading academics and activists that focuses on ways to intervene at the earliest possible point to rehabilitate and redirect—to keep kids out of the system—rather than to punish and drive kids deeper. Justice for Kids presents a compelling argument for rethinking and restructuring the juvenile justice system as we know it. This unique collection explores the system’s fault lines with respect to all children, and focuses in particular on issues of race, gender, and sexual orientation that skew the system. Most importantly, it provides specific program initiatives that offer alternatives to our thinking about prevention and deterrence, with an ultimate focus on keeping kids out of the system altogether.







Children, Parents, and the Law


Book Description

This very teachable book is ideal for child-focused courses that deal with the juvenile justice system and the child welfare system or with the legal position of children within their families and society. The Fourth Edition is updated with case law and legislation current through mid-2019, including the Supreme Court’s latest decisions on special education, constitutional limits on punishing minors, new materials on conflicts between parents and state authorities over school curriculum, faith healing, and compulsory vaccination, as well as on the free speech and free exercise rights of students. The chapters on delinquency explore why the new understanding of how and when adolescents mature is revolutionizing the law, and the unit on child abuse and neglect and the child welfare system covers new state and federal legislation, as well as cases from around the country that examine the tension between protecting children’s relationships with their families and protecting them from harm. New to the Fourth Edition: The Supreme Court’s latest special education decisions Cases challenging new, tough legislation eliminating exceptions to vaccination requirements More in-depth examination of the conflict between students’ free speech rights and schools’ anti-bullying initiatives The “Making a Murderer” case as a vehicle for analyzing limits on police interrogation of juveniles Cases exploring how Troxel affects child abuse and neglect cases Professors and students will benefit from: Problem exercises throughout the book—some short and others longer and more complex An interdisciplinary approach that incorporates information from related social sciences such as psychology and sociology Balanced perspective and coverage of issues, with no perceptible liberal or conservative bias in tone or selection of topics Ample coverage of juvenile courts Logical organization and clear structure that make it suitable for a variety of teaching styles Teaching materials include: Teacher’s Manual Sample interim assessment problems




Family Comes First


Book Description

FAMILY Comes First is a comprehensive analysis of current family engagement and family partnership practices in juvenile justice systems around the country. It provides needed tools and resources to practitioners to develop strong system-family partnerships in the juvenile justice system. Given the history of the juvenile justice system, which has historically kept families at arm's length, coupled with organizational and fiscal challenges facing agencies today, it is not surprising that many justice systems are struggling to meet the needs of families. While each of the individual efforts made by current juvenile justice systems and groups make important contributions to the field, what has been missing is a vision of what a transformed justice system looks like when that vision honors and supports families before and after their children have contact with the system. A paradigm shift is underway in juvenile justice - one that recognizes that families are the most knowledgeable experts in their children's lives. System stakeholders are working together with families to break down stereotypes and stigma, engage families in individual treatment decisions and larger policy reforms, and prepare youth for productive futures. In the past few years, the juvenile justice field has made major strides in elevating the importance of family involvement to overall system reform efforts. We have come a long way even though we have far to go. FAMILY Comes First fills that gap by providing a clear and intentional guide to transforming the justice system by taking a family-driven approach. Family Comes First analyzes what families, professionals, and our research identified as Five Features of a Transformed Justice System:1. Families will be supported before and after challenges arise.2. Families will have access to peer support from the moment a youth is arrested through exit from the system.3. Families will be involved in decision-making processes at the individual, program, and system levels to hold youth accountable and keep the public safe.4. Families will be strengthened through culturally competent treatment options and approaches.5. Families will know their children are prepared for a successful future.