A truly revolutionary system is in place in New York, USA. In Youth Courts in Harlem, the Bronx, Staten Island and Newark N.J., positive peer pressure is used to ensure that young offenders pay back the community and receive the help they need to avoid further involvement in the justice system. These courts hear a range of crimes that would otherwise wind up in Family Court or Criminal Court. The courts handle cases involving young people, ages 10 to 18, who have been charged with vandalism, assault, and truancy. Teen volunteers lead hearings or restorative circles, assign sanctions, and provide mentoring to youth offenders. They receive referrals from schools, the Police Department, the Department of Probation, Family and Criminal Courts. The courts incorporate several
features of restorative justice: participation is voluntary and requires offenders to take ownership of their actions.
Through the hearing or restorative circle, the respondent can tell their story and answer questions posed by the jury. Sanctions typically include community service,
letters of apology and skill-building workshops. Successful completion of sanctions results in a favourable disposition of the case by the referring agency.
Adult staff members make an initial assessment of each respondent. Offenders are allowed to cultivate their leadership skills and are exposed to a range
of education and career opportunities. Young people with previous judicial involvement are strongly encouraged to apply. Youth court members receive 30-40 hours of training before serving.
Revolving-door justice
It is not because of a lack of expert recommendations that the Northern Territory justice system suffers from revolving-door justice that worsens the problem of youth)crime. There are no fewer than five reports on the table of the Government: the final report of the Royal
Commission; the Aboriginal Justice Agreement; the Northern Territory Law Reform Committee Reports on Mandatory Sentencing and Community-Based Sentencing Options; and The Recognition of Local Aboriginal laws in Sentencing and Bail. Together they contain more than 300 expert recommendations. They involve consideration of restorative or therapeutic sentencing dispositions or hearings before a community court. Although these
recommendations do not go far enough to put an end to youth crime in Alice Springs, if all recommendations were turned into legislation, we might see a change for the benefit and safety of the community and tackle some of the hurdles that we must overcome to solve the crime situation in Alice Springs. The latest “document of hope” is the Northern Territory Youth Detention Centres Model of Care, which already ignores the recommendation not to build juvenile detention centres next to adult prisons. The hype-like promotion of the project does indeed seem to offer hope, but will the government deliver and switch from being one of the most backward jurisdictions in the world when it comes to vulnerable people and crime to being one of the most enlightened? It seems too good to be true.
Image: Free Spirit Publishing.
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