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CRIM2038 W2 M3 — Transcript

by Kev Dertadian · 3,674 words · 584 segments · language en · Watch on YouTube

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0:01hello everyone and Welcome to our third
0:03module your bonus module for um this
0:07week so what we're going to do in this
0:08module is um conceptualize uh the
0:12juvenile system so what it actually is
0:14the system and the Contemporary system
0:17we've been through the history we've
0:19talked about what are the kind of key
0:20principles but what is the system and
0:23um and what are the kind of principles
0:26that are used to operate in um
0:31okay here we
0:34go so one thing I just want to kind of
0:36point out here before we go is you might
0:37have noticed that um I use the term
0:40juvenile law system and that's largely
0:42in response to um some of the kind of
0:44critiques made
0:46by um by indigenous communities and um
0:50and other minority communities that that
0:53the system uh doesn't actually operate
0:56to serve Justice for uh for these people
0:59uh it it's more of a punishment system
1:01or you know a targeting A system that
1:04targets them so um there's a kind of
1:07shift in language requested by these
1:09communities by saying you know these are
1:11juvenile law institutions it's not about
1:14Justice for the for for those
1:16communities who are subject to it and
1:19that's not to say that the same thing
1:20doesn't apply to anyone subject to the
1:23juvenile law institution so the juvenile
1:25law system but the kind of request the
1:27questioning of the term Justice comes
1:30from indigenous communities and ethnic
1:32minority
1:34groups okay so what is uh what are the
1:37Contemporary institutions that make up
1:39the juvenile law institution we have um
1:42the children's court or the children's
1:44Court of New South Wales um and other
1:47juvenile courts around the country and
1:48we also have Youth detention facilities
1:50which is what they are kind of
1:51officially referred to but basically
1:53they're prisons and then that's the kind
1:56of what we mainly think of when we think
1:59of the uh the actual buildings that are
2:03specifically for uh young people
2:07buildings or physical structures um but
2:10actually there is uh family and
2:12community services that intersects very
2:14closely with um uh with these parts of
2:18the system we're going to be talking
2:20about police of course uh as well um
2:23next week but police aren't uh there
2:26aren't sort of
2:27[Music]
2:28um specific
2:30a police force for young people police
2:32is a broad um criminal justice
2:35institution that is you know that I
2:38suppose focuses it its attention on
2:40young people but it's not for young
2:41people whereas these institutions that
2:43I've got on your slide here um are all
2:46specifically for young people built um
2:49to house young people built to process
2:52young people built to address young
2:54people's needs or port to address their
2:56needs
2:57anyway okay so um
3:00there's been a kind of um history that I
3:04want to kind of quickly go over um uh of
3:09the the children's court and the um and
3:13the department that deals with these
3:14things so the children's Court of New
3:16South Wales was established in January
3:19of 1988 um its jurisdiction is New South
3:22Wales it's uh located in parata or when
3:25it was established it was located in
3:26param and it's still there and it's
3:28authorized by the children's Court Act
3:30of 1987 that's remained uh relatively
3:33stagnant um but um the uh Department
3:38that deals with um
3:41uh that deals with young people and the
3:44justice system uh is more complicated so
3:47it was established in July
3:501991 so the New South Wales Department
3:53of juvenal Justice was then part of the
3:56Department of corrective services in the
3:57Machinery of government
4:00in November of 1991 it became an
4:02independent office uh of Juvenile
4:05Justice so it was moved out of the
4:07Department of corrective services and it
4:09was its own department or or office of
4:12Juvenile Justice it then moved back into
4:16uh the Department of Justice and in
4:17January of 2019 which is the most recent
4:20kind of iteration it was moved into the
4:24Consolidated Department of communities
4:26and Justice and it was renamed youth
4:29Justice New South Wales which is what
4:30it's called today so just gives you a
4:32sense of um the way the department has
4:35changed it's moved around it's become
4:37independent it's been part of Prisons
4:40the the broader prisons Department it's
4:42been um part of the Department of
4:45Justice it's now in this kind of Mega um
4:48Department in the
4:51government and this is just a memo from
4:53the website that talks about that so
4:56what we have here is um
5:00is a kind of little map that I do that
5:01I've done of the New South Wales
5:03Department this is how it currently
5:05stands and so this is not an exhaustive
5:08graph um it leaves out many parts of the
5:11government or governmental Machinery but
5:14these are the main branches and it's uh
5:16and it's this image that should help
5:18guide your kind of understanding of the
5:20structure of the department and what
5:22institutions report where so you can see
5:25family and Community Services is
5:28underneath the department of um
5:31communities and justice but the the
5:33Department of Justice is its own branch
5:37and underneath that we have a whole
5:38range of things you can see that the
5:40children's Court um is under um courts
5:45and tribunals not under youth Justice
5:47and underneath youth Justice you have
5:49youth Justice centers and youth Justice
5:51conferencing so just to give you a sense
5:53of of how these things uh go in the
5:56flowchart of um of organizations
6:01all right so what are the models for um
6:04how these things run these institutions
6:06run so now that you have an
6:08understanding of the range of juvenile
6:09institutions and their reporting or
6:12power structures I'd like to talk a
6:14little bit about the models for how they
6:16operate in the academic literature most
6:19characterize uh the models of Youth
6:21Justice as a battle between welfare and
6:24Justice models uh the precursors of that
6:26you know we discussed in the History
6:28Section these models um respectively
6:32prioritize the needs versus the rights
6:34of young offenders so the W the welfare
6:37model is uh seen to focus on what young
6:41people need uh and it takes a more kind
6:44of informal approach to young people in
6:46an attempt to kind of reduce the impact
6:49of the dehumanizing and often quite uh
6:52confronting legal process for young
6:54people this means that referrals to
6:57services and forms of uh treatment are
7:00often generic rather than specific and
7:03that um forms of sentencing are highly
7:06individualized based on the kind of
7:08circumstances of the child what they
7:10need at the
7:11time the key personnel who kind of
7:14deliver um
7:16the a juvenile institution under this
7:19model are child care experts think
7:23people like social workers Child
7:24Protection agencies uh so on and so
7:27forth so what's the purpose of a
7:29juvenile institution under this welfare
7:31model well the purpose seems to be a
7:34kind of type of diagnosis this involves
7:37forms of kind of medical discourse but
7:39it's not always a strict medical
7:41diagnosis it's about identifying the
7:43needs and in many cases uh the level of
7:46supposed dysfunction of the young person
7:50and of course in this context the
7:51purpose of any intervention is to treat
7:54young people and to respond to their
7:56individual
7:58needs on on the other hand the Justice
8:01model um the Justice model places a much
8:04greater focus on formal legal issues
8:06like due process this approach tends to
8:10prioritize um the least restrictive
8:12alternative to sentencing a young person
8:15uh to deter to a detention center and it
8:19it often involves um a determinant uh
8:23sentencing so this is uh so that is if
8:26convicted a young person is given a
8:28predetermined sentence
8:30where there is no or little room for
8:32discretion on behalf of the judge or
8:34other legal
8:36professionals having said this the key
8:38players in the kind of uh legal uh sorry
8:41the weal the Justice model are lawyers
8:44and other legal professionals associated
8:46with the legal system and the task of
8:49institutions of juvenile law under this
8:52model is to punish a young person for
8:53offenses that contravene the law the
8:56purpose of these um punishments is to
8:59sanction the behavior of the young
9:01person that is uh part of the kind of
9:04central objective to respect the
9:06individual rights of both victims and
9:09offenders but this uh also means that
9:11young people are um apparently assured
9:15um that they will be given legal rights
9:17such as access to a lawyer and be
9:19treated as um innocent or proven guilty
9:22but that once this uh process has run
9:25its course the young person is required
9:27to submit to the authority of government
9:31of course it's worth noting that um
9:33we've never really had either of these
9:35models in their purest form at least not
9:38in Australia the history of these
9:41institutions um which we talked about
9:43earlier indicates um um the kind of many
9:47flaws that happen between them the many
9:50flaws sorry the many flaws of each of
9:52these models but also the way in which
9:54they overlap so for instance in the
9:56welfare model young people in need were
9:58treated as criminal and subject to harsh
10:01and violent treatment a poor
10:05um a poor substitute for a genuine
10:07welfare oriented needs-based
10:10approach on the other hand the Justice
10:12model ignores the substantial impact
10:14that legal processes have on young
10:17people uh it will U
10:20be sorry it will impose um foundational
10:23principles of the adult system such as
10:26the capacity to understand what you have
10:27done and fully grasp the concept
10:29consequences of this of course the whole
10:31purpose of a separate um system of uh
10:34law for children and juveniles is that
10:36we are not assume this about children so
10:38it's kind of contradictory um on that
10:42point as a result of some of the kind of
10:44dissatisfaction of these approaches many
10:46people have argued that there has been a
10:48kind of recent movement towards a new
10:51model which has been dubbed corporatism
10:54in the operation of um juvenile uh well
10:57criminal law more broadly but also Al in
10:59the juvenile law system this system
11:01borrows from the corporate world seeking
11:03to turn kind of legal processes into a
11:06matter of administrative decision-making
11:09it tends to um ostensibly prioritize
11:12diversion from court and custody and
11:14utilizes specialist Juvenile Justice
11:17Personnel that operate like managers in
11:19Human Resources
11:21departments it relies on a structure of
11:24um uh agency cooperation and it requires
11:28an optim istic view of how agencies
11:31might cooperate with one another the
11:33task of Institutions under the corpor
11:35model is to administer risk management
11:38processes that purport to determine the
11:40likelihood or otherwise of a young
11:42person to offend or reoffend it Zs to
11:45intervene in the lives of young people
11:47in order to retain them sorry to retrain
11:50them um through the implementation of
11:53centralized
11:55policies it is also uh it has also been
11:58argued that the operation of welfarist
11:59and Justice approaches in contemporary
12:02institutions end up functioning as
12:05corporatist and we'll explore this a
12:07little bit more in the coming
12:12slides okay so um what I'd like to talk
12:15about is some of the kind of emerging
12:17influences uh that have uh an effect on
12:20the way these institutions are run that
12:22color the model um that an institution
12:26takes or the kind of combination of a
12:28model that that these institutions take
12:31so that's uh there's two kind of
12:33emerging influences there's neoc
12:35conservativism and neoliberal governance
12:38so neoconservative forms of governance
12:40could often um complement neoliberal
12:43approaches uh but there are key
12:45differences and we need to kind of
12:46outline them which I'll do
12:49here the defining feature of
12:51neoconservative approaches is um it's
12:54its authoritative approach sorry
12:56authoritarian approach that is people in
13:00positions of power such as police judges
13:02and so on also are always seen to know
13:10best this means that their Authority is
13:13therefore regarded as Untouchable and
13:15unquestionable anyone who does not
13:17respect the authority of these figures
13:19is SE to be morally suspect and
13:21deserving of punishment or further
13:23deserving of punishment whether because
13:25they have directly contravened the law
13:27or not so for neoconservative punishment
13:30most uh this most often involves a
13:50remoralization authority of the police
13:52the legal system and so on
13:56remoralization often involves heavy
13:58state intervention on more than just
14:01offending itself in this model the
14:03problem is not just offending Behavior
14:05it is the appear the apparent loss of
14:09moral uh sorry the apparent loose at
14:11loose moral attitudes and lack of
14:13respect for authority supposedly
14:15exhibited by young people more generally
14:18and that needs to be addressed so um so
14:21that crime can be
14:22curved this means that uh remoralization
14:26measures often end up um targeting
14:29disorderly or antisocial behavior that
14:31is not necessarily criminal and doesn't
14:33count as you know
14:35offending and this is um legitimized
14:39through an argument about a kind of
14:40causal link between um disorderly and
14:44antisocial Behavior by young people and
14:46criminal conduct I don't think that's
14:48evidenced at all but nonetheless there's
14:50a um a case made uh that you know
14:55disorderly Behavior leads to criminal
14:57activity in young people
14:59so you know this link is uh rarely if
15:02ever made with reference to the kind
15:04kind of empirical material this also
15:07means that kind of um neoc
15:09conservativism is punishment focused and
15:12is considered the antithesis of welfare
15:14approaches or the social uh service
15:17measures used to respond to crime and
15:19the Contemporary juvenile system as
15:22previous me as previously mentioned it
15:24is important to remember that Neo uh
15:26liberalism and neoc conserv
15:28conservativism often work in tandem
15:31while these approaches have different
15:33histories and philosophies about
15:34offending practical considerations often
15:36see an amalgamation of these approaches
15:39being used in contemporary systems and
15:41this amalgamation between neoliberal and
15:43neoconservative approaches um lean most
15:47um most towards the justice and
15:49corporatist
15:51approaches so neoliberalism is a
15:53political ideology that gained
15:55prominence in the 1980s in its earliest
15:57incarnations it was largely influential
16:00in the uh International in economic
16:03International policy where it kind of
16:05declared that unleashing the
16:07entrepreneurial capacity of the
16:08individual require the deregulation of
16:11economic markets and thus a movement
16:14towards a free market approach to
16:16economic management and capital accum
16:19accumulation this investment in the role
16:21of the individual rather than the
16:23collective soon spread to other elements
16:25of the social and for our purposes legal
16:28world in the context of Juvenile Justice
16:31neoliberal neoliberalism
16:33forges um elements of the uh the Justice
16:38model because forms elements of the
16:40Justice model because it involves a
16:41highly legalistic approach that assumes
16:43that young people are rational Choice
16:46agents that make conscious decisions
16:48about offending Behavior with a
16:50commitment to market-based responses to
16:53solving problems I.E the corporatist
16:55approach this makes it closely
16:58associated with processes of
16:59privatization and managerial Notions of
17:02risk management prevalent in corporatist
17:05um in in corporatist approach and this
17:08means that social contexts that this
17:10means that social contexts uh are
17:13regarded as less important or even
17:15irrelevant when trying to explain crime
17:17or address it address it through a
17:19juvenile institution the focus instead
17:22becomes on active citizens that choose
17:25criminal or
17:26law-abiding lives
17:34okay
17:37so what I want to do now is talk a
17:40little bit of how about how these models
17:42operate in practice I've kind of sort of
17:44started doing that by making connections
17:48um in the previous Slide by those
17:49emerging influences um but you know the
17:52principles uh that we've just talked
17:54about of course don't always happen in
17:57principle sorry don't happen in practice
18:00and there's been much critique of each
18:01of these approaches um that I'd like to
18:04kind of outline a bit here so the
18:07welfare model purports to be about
18:08addressing the needs of young people but
18:10in the Contemporary context when young
18:13people's needs are discussed in um in
18:16juvenile institutions they're largely
18:18talked
18:19about as categories of risk or
18:22transformed into categories of risk Mony
18:25writes for example risk is increasingly
18:27associated with path logical
18:29constructions of willful
18:31irresponsibility incongruity and family/
18:34individual failure to gain access to
18:36welfare services or perhaps more
18:39accurately to be targeted by an
18:41intervention children and families must
18:43be seen to have failed or be failing to
18:46be posing risk to be threatening uh
18:49either actually actually or
18:52potentially so here we see this kind of
18:57um blending
18:59of needs with risk so young people's
19:02needs are seen as risks and you have to
19:04present as risky in order to um you know
19:08receive help or be subject to
19:10institutions of juvenile uh welfare
19:14institutions again the Justice model has
19:16been critiqued for you know presenting
19:18the principles of um of allowing all uh
19:23all children to be treated the same way
19:25and protecting their legal rights yeah
19:27increased admin administrative
19:29discretion uh which is kind of
19:31fundamental to um to the Justice model
19:34is required for kind of professional
19:36gatekeeping uh Gatekeepers to access um
19:40referrals to ensure genuine alternatives
19:42to custody so it requires you know a
19:45particular kind of professional
19:46Workforce and in the Contemporary
19:48environment the Justice model has
19:49undermined steps towards rehabilitative
19:53approaches so canine white and Richards
19:56from your textbook right emphasis on
19:58Justice in in the approach to Juvenile
20:01Justice can be seen as part of the
20:03Resurgence of neoclassicist approaches
20:06to Law and Order to some extent this
20:08move has been uh at the expense of those
20:11promoting
20:13Rehabilitation and finally the
20:14corporatist model in practice has often
20:17been referred to as the third way this
20:20ostensibly rejects the kind of
20:22paternalistic and controlling elements
20:25of the welfare model uh as well as
20:27rejecting the harsher elements of the
20:29Justice model and moves towards a kind
20:32of compromise that involves both of
20:35those elements you know neither neither
20:37of those but but both of those but in
20:40practice of course this basically has
20:43translated to
20:44privatization so it's supportive of
20:47public private Partnerships in the
20:48delivery of juvenile um juvenile law um
20:53institutions and outcomes it Imports a
20:56managerialist approach of dealing with
20:58young young people and it places another
21:00level of accountability um between the
21:03government and juvenile institutions
21:05right because if they're if a private
21:08institution is dealing with it or if
21:10you're using um you know supposedly
21:13neutral models from the corporate
21:16sector that means you can defer to those
21:19things saying well it's not our fault
21:20it's not the government's fault that
21:22these institutions have discriminate
21:24outcomes these are these are um um it's
21:28either the fault of the private
21:30institution running it or it's it's you
21:33know it's this legitimate corporate
21:37um and neutral corporate approach that's
21:41producing these
21:43outcomes okay so um the final thing I
21:47want to note here of course and I hope
21:49you've noticed this as I've been talking
21:51is that
21:52um is that no juvenile institution
21:55actually follows any of those approaches
21:58or models strictly it's always a hybrid
22:01version of all of those things or to to
22:04varying degrees some will lean more
22:06towards welfare approaches some will
22:08lean more towards Justice approaches
22:10others to corporatist approaches they
22:12will almost always involve all three um
22:15and they will have um the influence of
22:18neoliberal and neoconservative
22:20approaches to varying degrees so it's
22:22about the combination of these things
22:24that you really need to be thinking
22:25about when you're assessing how a
22:27juvenile Institution
22:29operates um so you know no single
22:31approach defines the way these things
22:33operate and most departments draw on
22:35many and various models approaches and
22:37political ideologies so keeping that in
22:40mind there's also kind of different
22:43levels um where this operates so you
22:45know the approaches and ideologies
22:47operate um uh at the level of government
22:50policy the level of the policy of the
22:53institution itself and the level of you
22:56know the staff Culture House staff take
22:58up these ideas and approaches um and
23:01there's kind of a really interesting set
23:03of literature about how these different
23:05models and ideologies play out in the
23:07minds of staff at the at at individual
23:12you know prisons um or courts and a
23:16government
23:18policy with that in mind what I want to
23:21do now is a little policy analysis
23:22activity where I'm going to ask you to
23:25have it to take a look I should say at
23:27the um
23:29Queensland youth Justice strategic
23:31action plan 2019 to
23:342021 and um in your
23:37um in your interactions I'm going to ask
23:40you to match um each of the four pillars
23:43which I'll outline in just a little bit
23:45with the model of Juvenile Justice that
23:47you think it most aligns with so those
23:50models that we talked about
23:52earlier um and I've given you I'll give
23:55you a link to the um to the actual
23:59policy um action plan I should say
24:01strategic action plan in the
24:03interactions as well so you can take a
24:05further look the first pillar is early
24:07intervention the second pillar is
24:10keeping children out of cord the third
24:12pillar keeping uh children out of
24:14custody and the force forth reducing
24:16reoffending so I would like you to take
24:19some time to just look at some of the
24:21even just the Topline descriptions of
24:23each of those pillars and get a sense of
24:25what they are and then in your
24:26interaction say well what does that MO
24:28most align with what do I think that
24:30most aligns with and we'll have a chat
24:31about that a little bit in the tutorial
24:34as
24:35well thanks everyone that is it from us
24:38this week um here are your references so
24:42you can do some further reading if you
24:44like um please do those interactions
24:47please do the readings and I will see
24:49you in class thanks everyone by now

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