‘Cruel and unusual punishment’: an inter-jurisdictional study of the criminalisation of young people with complex support needs

Baldry, Eileen; Briggs, Damon; Goldson, Barry; Russell, Sophie

doi:10.1080/13676261.2017.1406072

Cited by 25 publications

(20 citation statements)

References 28 publications

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“…The consolidation of police powers and policing practices (including move-on powers, stop and search powers, strip-searching, use of arrest and detention in police cells) and the growth in the use of hybrid civil/criminal orders (such as banning and exclusion orders, anti-consorting legislation and various types of civil injunctions) have negatively impacted on racialized young people (Cunneen et al, 2016, 2018). Indigenous, Black and minority ethnic children are also overrepresented among other identifiable groups of children—notably, ‘looked after’ children, and children with mental illness and cognitive impairment—who are also increasingly found in youth prison (Baldry et al, 2018).…”

Section: Racialization and The Processes Of Youth Justicementioning

confidence: 99%

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Youth justice and racialization: Comparative reflections

Cunneen

2019

Theoretical Criminology

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Drawing on comparative work between Australia and England and Wales, this article considers issues of criminalization, racialization and youth justice. The article explores both the overt and more subtle forms of racializing and criminalizing young people and highlights the necessity for historically and situationally contextualized understandings of identity and race. The rationalities, practices and discourses of youth justice through which racialization occurs are identified, including how race itself becomes solidified as a category in which people, in many cases, from heterogeneous backgrounds, can be captured and named. In particular there is discussion of the rise of apparently neutral and non-discriminatory justifications for intervention found in the use of risk assessment that leads to racialized differentiation. It is argued that these practices both mask race in their practices and mark race in their outcomes.

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Section: Racialization and The Processes Of Youth Justicementioning

confidence: 99%

“… 1. See the Comparative Youth Penality Project at: https://www.cypp.unsw.edu.au/node/128. For some publications deriving from the Project see Baldry et al (2018); Brown et al (2017); Cunneen et al (2016, 2018). …”

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confidence: 99%

Youth justice and racialization: Comparative reflections

Cunneen

2019

Theoretical Criminology

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“…In recent years there has been a notable increase in the number of children and young people entering justice systems who describe themselves as having mental health problems and/or substance use issues, as well as having spent time in local authority care (see Gyateng, Moretti, May and Turnbull, 2013;Bateman, 2017;Fitzpatrick and Williams, 2017). This is indicative of an increasingly complex set of needs among the demography of children and young people within justice systems (Baldry, Briggs, Goldson and Russell, 2018). For example, Tommy (aged 17) -who had grown up in care, had no contact with his family, was living in supported housing, was suffering with a number of mental health problems, and was a heavy cannabis user -spoke of how these experiences contributed to his offending.…”

Section: Don't Care That's the Reason I Take Drugs To Avoid The Pmentioning

confidence: 99%

‘They Really Should Start Listening to You’: The Benefits and Challenges of Co-Producing a Participatory Framework of Youth Justice Practice

Smithson¹,

Gray²,

Jones³

2020

Youth Justice

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This article presents the findings from a pioneering project between a university and 10 regional youth justice services. The project resulted in the co-production, with young people, of a framework of principles termed ‘Participatory Youth Practice’ (PYP). The benefits and challenges of producing PYP are discussed. We argue that the framework – grounded in Article 12 of the United Nations Convention on the Rights of the Child and ‘child first, offender second’ principles – is a formative step in the process of creating a youth justice system that respects and acknowledges children and young people’s rights and enables them to meaningfully participate in decision-making processes.

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“…before 6 years) and receiving developmental disability support were two of the most important protective factors for individuals with FASD. The importance of all diagnoses for individuals involved with the justice system was highlighted in research conducted by Baldry, Briggs, Goldson, and Russell (2018), who interviewed 124 justice professionals across Australia, England and Wales. Diagnosis was seen as vital to enable the youth justice system to respond appropriately, including to facilitate diversion rather than criminalising young people due to their impairments.…”

Section: Lack Of Assessments and Supports In The Australian Health Systemmentioning

confidence: 99%

Fetal alcohol spectrum disorder: the importance of assessment, diagnosis and support in the Australian justice context

Reid

Kippin

Passmore

et al. 2020

Psychiatry, Psychology and Law

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Fetal alcohol spectrum disorder (FASD) is a neurodevelopmental condition with life-long implications. Individuals with FASD can experience communication, cognitive, behavioural, social and emotional difficulties that impact their functional capacity. Due to these brain-based impairments, previous research suggests that individuals with FASD are over-represented in the justice system. The current article outlines how individuals with FASD may experience inequities within the justice system, why assessment, diagnosis and intervention is important, and the role of health and justice partnerships in promoting more equitable outcomes for justice-involved individuals with FASD. Increased resources and collaborations between health and justice professionals are required to enable the provision of neurodevelopmental assessments for all complex presentations, including FASD.

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‘Cruel and unusual punishment’: an inter-jurisdictional study of the criminalisation of young people with complex support needs

Abstract: 2018) 'Cruel and unusual punishment': an inter-jurisdictional study of the criminalisation of young people with complex support needs. Journal of Youth Studies, 21 (5).

Cited by 25 publications

References 28 publications

Youth justice and racialization: Comparative reflections

Youth justice and racialization: Comparative reflections

‘They Really Should Start Listening to You’: The Benefits and Challenges of Co-Producing a Participatory Framework of Youth Justice Practice

Fetal alcohol spectrum disorder: the importance of assessment, diagnosis and support in the Australian justice context

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