Portrait of the Accused as a Young Man: New Zealand’s Harsh Treatment of Young People who Commit Serious Crimes

The Development of the Irish Youth Justice System: Toward a Children’s Rights Model of Youth Justice?

“…Internationally, jurisdictions have experienced significant difficulties in identifying responses to children who commit serious crimes that are in line with international children’s rights standards (Lynch et al, 2022). Children who commit serious crimes are often transferred from child-specific courts to adult courts (Cleland, 2016; Dyer, 2016) and subject to punitive sentencing regimes which impose long sentences of detention, including life sentences (Nowak, 2019; van den Brink & Lynch, 2021; Huls et al, 2022). This is often the case even in countries that otherwise take more welfare-based, child-orientated approaches to youth justice (Cleland, 2016; Dyer, 2016; Forde, 2021).…”

“…Children who commit serious crimes are often transferred from child-specific courts to adult courts (Cleland, 2016; Dyer, 2016) and subject to punitive sentencing regimes which impose long sentences of detention, including life sentences (Nowak, 2019; van den Brink & Lynch, 2021; Huls et al, 2022). This is often the case even in countries that otherwise take more welfare-based, child-orientated approaches to youth justice (Cleland, 2016; Dyer, 2016; Forde, 2021). UNCRC provisions requiring that all children should be treated in an age-appropriate way with a focus on their reintegration (Article 40(1)) and requiring detention to be used only as a last resort (Article 37) apply equally to children who commit serious crimes (Kilkelly & Liefaard, 2022).…”

“…The lack of consideration given to serious crime within the legislation creates a lacuna for children’s rights in relation to their procedural rights and in sentencing. International research demonstrates that difficulties frequently arise in ensuring that children’s procedural rights are adequately protected in adult courts (Cleland, 2016; Dyer, 2016). While no assessment of the protection of children’s rights in adult courts in Ireland exists, research in the Children Court has documented the difficulties children experience in participating in a meaningful way (Carroll & Meehan, 2007).…”

A ‘central paradox’: Judicial decision-making in cases of sexual offending by young people

“…While some literature exists on the sentencing of young people (Bishop et al, 1996; Cleland, 2016; D’Angelo, 2002; Lehmann et al, 2019; Mears et al, 2014; Sheehan & Borowski, 2013), this focuses almost entirely on sentencing outcomes rather than the judicial decision-making process (ie how sentencing decisions are arrived at). Harris’s (2008) study, which involved collecting observational and interview data from three Californian courthouses to investigate how Judges construct young offenders, is a key exception.…”

“…While some research has been conducted on sentencing outcomes for YPSOs (Blackley & Bartels, 2018;Victoria Sentencing Advisory Council, 2012, 2016, little has been documented about how judicial decision-makers reach decisions about sentences for this group. Only one study that examines judicial decision-making about YPSOs (Bouhours & Daly, 2007;Daly & Bouhours, 2008) could be located via a thorough search.…”