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Reaching Meaningful Outcomes in Family Conferencing

NCJ Number
204828
Author(s)
Marni Harding; Stewart Potter
Date Published
2003
Length
13 pages
Annotation
This paper examines what constitutes a "meaningful" outcome for family conferencing in juvenile justice in South Australia.
Abstract
The paper reflects upon the current practice of the Family Conference Team 10 years after its creation and draws together the lessons the team has learned over time about the operation of conferences. The author notes that a "meaningful" experience for an individual can be related to an experience that is comprehensible, understandable, indicative, significant, suggestive, and/or purposeful for that person at that time. The concept of a "meaningful outcome" from a family conference is therefore subjective, since it is based on the perceptions, responses, and reactive behaviors of each individual involved in the dynamics and procedures of a specific conference. For all individuals in a family conference to have a "meaningful" outcome, the Youth Justice Coordinator must have the ability to balance the needs of all conference participants during the conference process. This involves identifying the needs and expectations of all parties, including the juveniles, their families, victims and their supporters, community representatives, and police. The conference itself is designed to balance the needs of all participants in constructing the outcome. The ultimate goal of the conference is to have participants experience the features of restorative justice, which pertains to accountability and positive change for the offender and restoration for the victim and the community. In the South Australian juvenile justice system, family conferencing is considered a diversionary program. A family conference can proceed in the absence of a victim, and the conference decision can be binding without the consent or agreement of a victim who participates in the conference. This paper examines specific practices of family conferences, including the use of apologies, victim compensation, community service, and "other" outcomes. Attention is also given to the handling of conference cases that involve a sex offense. Other topics addressed are the use of a formal caution and the rate of compliance with family conference agreements. This paper advises that the essence of a "meaningful" outcome for a family conference is the integrity of the conference process in implementing the principles and processes of restorative justice. It is only when these principles are applied on behalf of all parties that a "meaningful" outcome is achieved. 11 references