Introduction
This essay aims to discuss the role of the responsible adult, the principles of justice, the over-representation of Indigenous people within the criminal justice system and will critically analyse the legislative options available to the Indigenous youth being interviewed by police as mentioned in the case scenario, Ellie. I am Ellie’s youth social worker, she has nominated me to be her responsible adult and to sit in on the interview with her. My responsibility towards her as my client involves ensuring she is appropriately guided through the interview and any consequential proceedings and ensuring her rights are upheld, and to ensure that legal counsel has been sought before she is interviewed. My role would also include ensuring …show more content…
Further, Boersig (2012, p.244) states children in a police interview are substantially disadvantaged, due to their lack of maturity and inability to necessarily understand the process which they are undergoing, which has the potential to cause them to make false admissions or to breach their own rights, such as the right to silence or to prevent self-incrimination. This potentially leads to a power imbalance between them and any law enforcement officer that may be involved (Boersig 2012, p.255). Thus, the legislation states that a statement can only be admissible in the presence of a responsible adult (Boersig, 2012, p.255). Within the criminal justice system, the principles of justice refer to the rights of the defendant in the process of justice, the assumption of innocence until proven guilty, the right to remain silent, the right to know the charges against the defendant and the right to legal representation. According to Buttrum (1997), laws for juveniles require the court system to contemplate “the immaturity, inexperience and impressionability of a young offender.” Furthermore, when deciding on an appropriate penalty, the court has a responsibility to …show more content…
It is within her rights to decline conferencing (Legal Aid, 2003, pt 3) and hand the matter to the courts. Youth conferencing, however, would be beneficial for Ellie, as the intended outcomes are that she understands the ramifications of her actions and accepts responsibility for them, help to ensure she does not perform similar actions in future and enhance her rights within the juvenile process system. Youth conferencing is influenced by the welfare model, which takes into account the circumstances, family environment and any disadvantages, gender, sexuality, nationality and other factors that the court system may not, and, additionally, recognizes how these factors can influence the behavior of a child (Young Offenders Act 1997 Sect 34). Youth conferencing shows influences of the welfare model, which is critical in a case like Ellie’s, as it emphasizes the needs of the offender rather than concentrating on the offense itself (Cunneen & White 2011 pg 106). The focus is on the best methods to ensure that the offender does not repeat similar crimes in future, with rehabilitation and restoration being vital objectives in terms of sentencing, as opposed to focusing on the offense. According to Buttrum (1997 pg 6), young offender programs are beneficial in helping with recidivism rates as they can help a young offender to gain valuable life skills while
This essay aims to discuss the role of the responsible adult, the principles of justice, the over-representation of Indigenous people within the criminal justice system and will critically analyse the legislative options available to the Indigenous youth being interviewed by police as mentioned in the case scenario, Ellie. I am Ellie’s youth social worker, she has nominated me to be her responsible adult and to sit in on the interview with her. My responsibility towards her as my client involves ensuring she is appropriately guided through the interview and any consequential proceedings and ensuring her rights are upheld, and to ensure that legal counsel has been sought before she is interviewed. My role would also include ensuring …show more content…
Further, Boersig (2012, p.244) states children in a police interview are substantially disadvantaged, due to their lack of maturity and inability to necessarily understand the process which they are undergoing, which has the potential to cause them to make false admissions or to breach their own rights, such as the right to silence or to prevent self-incrimination. This potentially leads to a power imbalance between them and any law enforcement officer that may be involved (Boersig 2012, p.255). Thus, the legislation states that a statement can only be admissible in the presence of a responsible adult (Boersig, 2012, p.255). Within the criminal justice system, the principles of justice refer to the rights of the defendant in the process of justice, the assumption of innocence until proven guilty, the right to remain silent, the right to know the charges against the defendant and the right to legal representation. According to Buttrum (1997), laws for juveniles require the court system to contemplate “the immaturity, inexperience and impressionability of a young offender.” Furthermore, when deciding on an appropriate penalty, the court has a responsibility to …show more content…
It is within her rights to decline conferencing (Legal Aid, 2003, pt 3) and hand the matter to the courts. Youth conferencing, however, would be beneficial for Ellie, as the intended outcomes are that she understands the ramifications of her actions and accepts responsibility for them, help to ensure she does not perform similar actions in future and enhance her rights within the juvenile process system. Youth conferencing is influenced by the welfare model, which takes into account the circumstances, family environment and any disadvantages, gender, sexuality, nationality and other factors that the court system may not, and, additionally, recognizes how these factors can influence the behavior of a child (Young Offenders Act 1997 Sect 34). Youth conferencing shows influences of the welfare model, which is critical in a case like Ellie’s, as it emphasizes the needs of the offender rather than concentrating on the offense itself (Cunneen & White 2011 pg 106). The focus is on the best methods to ensure that the offender does not repeat similar crimes in future, with rehabilitation and restoration being vital objectives in terms of sentencing, as opposed to focusing on the offense. According to Buttrum (1997 pg 6), young offender programs are beneficial in helping with recidivism rates as they can help a young offender to gain valuable life skills while