Youth Understanding &amp; Assertion of Legal Rights: Examining the Roles of Age and Power

Faria, Christine Goodwin-De; Marinos, Voula

doi:10.1163/157181812x652607

Cited by 17 publications

(26 citation statements)

References 23 publications

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“…Granting rights in universal conventions, in European directives and guidelines and in domestic laws is not the same as reflecting on the purpose and meaning of children’s rights, nor observing or experiencing them in daily practice. Following this train of thought, and even though we can witness an increasing interest in processes of children’s rights implementation 3 , more qualitative scientific research on how children’s rights shape juvenile justice practices and how they are actually experienced is needed (Kilkelly & Lundy 2006; Goodwin-De Faria & Marinos 2012; Christiaens, 2015; De Graaf, Christiaens & Dumortier, 2016). Consequently, there is little understanding of why and how children’s rights are implemented, violated or resisted and what this implies for daily juvenile justice practices and experience.…”

Section: The ‘Rise and Fall’ Of Children’s Rights In Europe?mentioning

confidence: 99%

Why Children Obey the Law: Rethinking Juvenile Justice and Children’s Rights in Europe through Procedural Justice

Beneitez

Dumortier²

2018

Youth Justice

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This article explores how the idea of procedural justice can help us to rethink juvenile justice and research children’s rights in Europe differently. To frame the following argument, we will question four implications of the procedural justice perspective: 1) the need to implement rights and not just proclaim them, 2) the need to investigate a ‘double perspective’ on children’s rights implying both juvenile justice professionals and children in conflict with the law, 3) the child’s right to effectively participate and be involved in the process and 4) the idea that age matters in the judicial reaction to crime. The resulting conclusions and discussions revolve around the scientific consequences and challenges we must face when we take procedural justice perspective seriously.

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Section: The ‘Rise and Fall’ Of Children’s Rights In Europe?mentioning

confidence: 99%

Why Children Obey the Law: Rethinking Juvenile Justice and Children’s Rights in Europe through Procedural Justice

Beneitez

Dumortier²

2018

Youth Justice

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“…Currently, the youth justice system is based on the YCJA (2002) which was enacted in 2003 (Department of Justice Canada, 2018;Goodwin-De Faria & Marinos, 2012). The YCJA (2002) was put in place in an attempt to restructure the previous youth justice legislation, which had been critiqued regarding over-incarceration and dealing with repeat offenders (Department of Justice, 2018).…”

Section: Key Conceptsmentioning

confidence: 99%

“…The YCJA (2002) was put in place in an attempt to restructure the previous youth justice legislation, which had been critiqued regarding over-incarceration and dealing with repeat offenders (Department of Justice, 2018). The introduction of the YCJA (2002) was tightly bound to the United Nations Convention on the Rights of the Child (CRC) (Allen & Superle, 2016;Goodwin-De Faria & Marinos, 2012). The CRC strives to ensure that children accused of crimes are treated appropriately based on their age, and focuses on the reintegration of the child into society in a productive manner (Allen & Superle, 2016).…”

Section: Key Conceptsmentioning

confidence: 99%

“…Most youth within the justice system distrust the system, and feel unsafe and that they have no choice or control over their situation, which negates the core principles of a trauma-informed approach (Goodwin-De Faria & Marinos, 2012;Maschi & Schwalbe, 2012;Penner, Shaffer, & Viljoen, 2017). There have been recent steps toward looking at the youth justice system as a whole and trying to make systemic changes to integrate a trauma-informed approach (Griffin et al, 2012).…”

Section: Trauma Informed Approach (Tip)mentioning

confidence: 99%

“…In 1996, a task force evaluated the YOA (1985) and suggested various legislative reforms that needed to be put in place. These recommendations essentially resulted in the introduction of the YCJA ( 2002) which was enacted in 2003 (Department of Justice Canada, 2015;Goodwin-De Faria & Marinos, 2012). Ideally, the YCJA ( 2002) focuses more on the rights of children and working with them appropriately (Department of Justice Canada, 2015).…”

Section: History Of the Youth Justice Systemmentioning

confidence: 99%

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Assessment and treatment to support youth involved in the criminal justice system: a practicum report on youth forensic psychiatric services

Vliet¹

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This practicum report explores a social work role at the Ministry of Children and Family Development's Youth Forensic Psychiatric Services (YFPS), located at the North Region Outpatient Clinic in Prince George, British Columbia. YFPS receives referrals through court orders and probation officers to offer comprehensive assessment and treatment services to youth who are involved with the youth criminal justice system.Youth may become involved with the justice system for various reasons and, once involved with the justice system, have multiple options for treatment and/ or rehabilitation. This report explores some of the resources youth may become involved with and how social workers through YFPS play a role in supporting youth in the justice system.The main goal of my graduate practicum was to broaden my social work skills by exposing myself to a new social work field and client population. Within this larger goal, my learning objectives focused on increasing knowledge and skills in conducting and writing assessments and broadening my clinical knowledge, as well as focusing on how my work at YFPS fit into Trauma-Informed and Anti-Oppressive lenses. Overall, I was able to develop new skills and work collaboratively to offer comprehensive services to youth who were involved in the justice system. ASSESSMENT AND TREATMENT WITH YOUTH IN THE JUSTICE SYSTEMii ACKNOWEDGEMENTS My MSW opportunity was made possible first and foremost through the generosity of Youth Forensic Psychiatric Services Prince George Outpatient Clinic. To my direct supervisor, Alan Huggett, thank you for offering knowledge and wisdom in a field I was new to, and for allowing me to learn from you in so many ways. I appreciated your ongoing support and encouragement which allowed me to be a valued member of the YFPS team. To the rest of the YFPS staff, especially the YFPS Regional Manager, Erica Moore, I so appreciated you welcoming me to learn from, and alongside, you.My MSW journey was also supported by the UNBC faculty and social work program. I would like to thank my academic supervisor, Dr. Nancy Jokinen, for the ongoing support and encouragement to stay on track and work efficiently through my MSW process. I would like to thank my committee member, Dr. Susan Burke, for bringing her perspective to my practicum experience to ensure I was staying reflective in my practice.Additionally, this MSW opportunity would not have come to fruition without the dedication and sacrifices of my family. First, my husband, Brent, encouraged and supported me to take this opportunity to learn and grow and for that I am forever thankful. I appreciate the ongoing support from my parents and my sister to continue my learning journey and for encouraging continued education in my life. It has been a great experience; one that I will look back on with fond memories.

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Do People Know the Law? Empirical Evidence about Legal Knowledge and Its Implications for Compliance

Rooij

2021

The Cambridge Handbook of Compliance

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Legal knowledge is a core aspect in compliance. For law to shape behaviour, people whose conduct the law tries to influence should know the law. This chapter reviews the body of existing empirical research about legal knowledge. It assesses the extent to which laypersons and professionals know and understand legal rules across various domains including employment, family affairs, criminal justice, education and health care. This body of work shows that ignorance and misunderstanding of the law are common across these domains. There is variation and for some laws, amongst some people and in some jurisdictions, there is more or less legal knowledge. Also, the review shows that there is evidence that people tend to equate their own norms with the rules of the law. The chapter concludes by discussing what these findings mean for compliance and the way our laws try to steer human and organisational conduct. Here it questions compliance approaches that view it as a linear process from rule to behaviour. introductionCompliance, ultimately, is about how legal rules get to shape behaviour. The most common, yet often implicit, conception of compliance involves a linear process: lawmakers develop rules; such rules are made public and enforced; people learn about these rules and the way they are implemented; they weigh the costs and benefits of obeying or breaking the rules; and they decide how to respond.Within this process, a core element is that people get to learn the rules. And, thus, legal knowledge, indicating that regulated subjects have knowledge and understanding of the rules that seek to influence their behaviour, is a core aspect of compliance. Yet, so far in the discussion on compliance, legal knowledge has not featured centrally. Darley, Carlsmith and Robinson are an important exception, as their study of people's knowledge of criminal law directly asks the question of what legal knowledge means for the so-called 'ex ante function of law', where law, rather than responding to bad behaviour from the past (ex post), tries to alter future conduct (Darley, Carlsmith and Robinson 2001). It seems at first blush that the relationship between legal knowledge and compliance is crucial and quite simple. The less people know the law, the less likely they will follow such a law. And therefore it is vital to know whether people actually know the law.

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Youth Understanding & Assertion of Legal Rights: Examining the Roles of Age and Power

Cited by 17 publications

References 23 publications

Why Children Obey the Law: Rethinking Juvenile Justice and Children’s Rights in Europe through Procedural Justice

Why Children Obey the Law: Rethinking Juvenile Justice and Children’s Rights in Europe through Procedural Justice

Assessment and treatment to support youth involved in the criminal justice system: a practicum report on youth forensic psychiatric services

Do People Know the Law? Empirical Evidence about Legal Knowledge and Its Implications for Compliance

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