NCJ Number
194143
Date Published
October 2001
Length
13 pages
Annotation
This paper considers whether the introduction and operation of the diversionary scheme presented in the Young Offenders Act 1997 of New South Wales (Australia), together with various other new and existing juvenile justice practices and crime prevention strategies, has the potential or the capacity to keep many more Aboriginal young offenders in their communities than is currently the case.
Abstract
The paper first provides a brief overview of juvenile justice law and practice in New South Wales over the last 15 years or so, with a focus on research findings regarding the impact of these laws and practices on Aboriginal young offenders. The second section of the paper outlines the history, objectives, principles, and purposes of the Young Offenders Act; some of the steps taken to put the objectives, principles, and purposes into practice; and some promising outcomes related to the introduction and operation of the Act. The author concludes that diversionary criminal justice measures alone, no matter how well framed and implemented, cannot realistically control or significantly reduce juvenile crime in Aboriginal communities. Measures that address incentives, opportunities, and "triggers" for juvenile involvement in crime and efforts to develop social capital in disadvantaged and dispossessed communities will ultimately be more effective. Efforts to keep youth in school and in programs that provide opportunities for employment, along with activities that cultivate self-esteem, are equally, if not more, important than diversionary measures in criminal justice. For Aboriginal youth, families, and communities, measures that respect and support their full participation in the framing and operation of these measures at all levels are critical in addressing the overrepresentation of Aboriginal youth in criminal justice interventions. 22 references