NCJ Number
173872
Journal
Journal of Criminal Justice Volume: 26 Issue: 2 Dated: March/April 1998 Pages: 145-157
Date Published
1998
Length
13 pages
Annotation
During the past few years, growing attention has been paid by government officials in Australia to the role of parents and guardians in juvenile crime prevention, and the authors examine the emergence of legislation enabling courts to penalize parents for their children's offending behavior.
Abstract
The issue of government responsibility for young people in its charge has been particularly highlighted by recent legislation calling for parental restitution. In several Australian states, parental restitution orders can now be imposed on parents in cases where willful neglect is identified as a key cause of a child's offending behavior. Provisions of the legislation on parental restitution are often defended on the grounds they reimburse crime victims for damage caused by young offenders, they deter other negligent parents, and they encourage parents to be more responsible for their children. Such provisions, however, do not extend to cases where the state is legally fulfilling the parental or guardian function. The authors conclude the legislative provisions demonstrate "differential justice" in terms of the way in which parental responsibilities are defined and apportioned by state agencies. Further, for children in care, state wards commit disproportionate numbers of offenses and experience the most personal trauma while under state supervision, and this makes it all the more important for the state to be accountable as civil parents. 39 references and 5 notes