Fundamental Justice Is the Issue: Extending Full Equality of the Law to Women and Children

The legal doctrines that are in place to protect women and children against male sexual aggression actually operate to minimize the use of the system for redress, and to reduce the impact of the process when it is used. Because the courts are the only means of legal recourse available to women and children who have been sexually assaulted, any failure by the courts to ensure just outcomes actually serves to reinforce male sexual violence. The solution requires that we stop confusing the social conditions under which this form of violence occurs with the criteria used by courts for treating a crime as not serious. The key players in the courts can act as powerful forces for instrumental change.     

Beyond the Myths: Equality,Impartiality, and Justice

Violence against women is as much a matter of equality as it is an offence against human dignity and a violation of human rights. As the Supreme Court of Canada has repeatedly recognized, eliminating myths and stereotypes from the law constitutes an important part of remedying the law’s historically inadequate response to violence against women. The author explores how the concepts of impartiality, equality, and justice shed light on the ways in which myths and stereotypes distort the truth-finding process and perpetuate discrimination. Looking toward the future, further equality-informed legislative amendments, judicial education, and international norms, such as those set out in the Convention on the Elimination of All Forms of Discrimination against Women (1979), will provide key means of ensuring that myths and stereotypes are fully and permanently eradicatedfrom the law. The goals of equality and justice for all require nothing less.     

The Victim Advocacy and Research Group: Serving a Growing Need to Provide Rape Victims with Personal Legal Representation to Protect Privacy Rights and to Fight Gender Bias in the Criminal Justice System

The Constitutional guarantee of procedural “due process,” arguably the most essential principle of the American justice system, provides that no person should be deprived of their rights without, at a minimum, notice and an opportunity for a meaningful hearing. Yet the personal rights of crime victims and other third parties are often violated in criminal proceedings in the absence of even minimal respect for due process. The problem persists, in part, because the system does not provide victims with personal legal advocacy and prosecutors are neither obligated nor empowered to serve as the victim’s lawyer. This lack of systematic zealous advocacy for victimsproduces harmful common law principles that depend on andperpetuate false and prejudicial notions about the credibility of rape victims, and women as a class. This article calls for the creation of public and privately supported lawyers for victims at both the trial and appellate levels of the criminaljustice system in an effort to ensure respect for fundamental constitutional principles, and to identify and eradicate gender bias in the criminal common law.     

Borderline Personality Disorder and Access to Services: A Crucial Social Justice Issue

A diagnosis of Borderline Personality Disorder (BPD) can significantly affect access to services. Two Australian approaches to addressing this crucial social justice issue are compared: Project AIR (Affect Integration and Recovery), exemplifying changes within the existing psychiatric paradigm; and Adults Surviving Child Abuse's Practice Guidelines for Treatment of Complex Trauma and Trauma Informed Care and Service Delivery. Changes within the existing paradigm do not address stigma and fragmented services that create barriers to service. By comparison, the Guidelines represent a trauma informed perspective that recognises underlying complex trauma for most with the BPD diagnosis. Implications for services are discussed.     

Perceptions of Justice in the Making: Rescaling of Customary Law in Post-Suharto Maluku,Indonesia

This article questions how successful neo-traditional law has been in providing access to justice to Kei Islanders of Maluku, Eastern Indonesia during recent political transitions. It describes the prevailing model of justice in which traditional law draws some of its authority from the state but provides its own normative framework for addressing community disputes. After the fall of Suharto's New Order regime, people began to apply neo-traditional law to ethnic and resource conflicts, arguing that it took precedence over state law in these emerging domains. Although the neo-traditionalist revival affirmed the autonomy of traditional legal institutions, actual legal procedures and outcomes depended on the response of state authorities and national publics to newly activated traditional normative frameworks. The politics of legality in post-Suharto Indonesia have produced increasingly state-oriented models of justice, but legal outcomes still determine the choice between different normative frameworks.     

Entering Youth Justice: Comparing the Views of Human Services and Criminology Students

Abstract

The present paper explores how undergraduate students who are relatively new to the field of youth justice conceptualise their possible future work roles. The research compared the views of students who were commencing two undergraduate courses (subjects) concerned with working with young people. One course was taken by human services students and the other was taken by criminology students. Findings indicated that there were significant differences between these two groups in terms of their views about crime causation, as well as how they see the roles of youth justice workers. Students entered their respective programs and youth courses with differing professional orientations. The findings raise some intriguing questions at a time when universities and employers look to the potential benefits of “double degrees” and “joint degrees” that span supposedly complementary professional areas. However, contrasting beliefs about “troubled and troublesome” young people may resist easy accommodation within the same program of professional preparation.     

Beyond the Myths: Equality, Impartiality, and Justice

Violence against women is as much a matter of equality as it is an offence against human dignity and a violation of human rights. As the Supreme Court of Canada has repeatedly recognized, eliminating myths and stereotypes from the law constitutes an important part of remedying the law's historically inadequate response to violence against women. The author explores how the concepts of impartiality, equality, and justice shed light on the ways in which myths and stereotypes distort the truth-finding process and perpetuate discrimination. Looking toward the future, further equality-informed legislative amendments, judicial education, and international norms, such as those set out in the Convention on the Elimination of All Forms of Discrimination against Women (1979), will provide key means of ensuring that myths and stereotypes are fully and permanently eradicated from the law. The goals of equality and justice for all require nothing less.     

The Co-Occurrence of Child Abuse and Domestic Violence: An Issue of Service Delivery for Social Service Professionals

In order to add to the growing literature on intergenerational rates of family violence, data were collected from a community-based child abuse agency. The study's purpose was to compare the co-occurrence of child abuse/neglect (CAN) and domestic violence (DV), and the prevalence of CAN and parent's childhood history of abuse. Data were collected from 537 families through intake and subsequent interviews in an attempt to determine the relationship among CAN and DV, and CAN and parent's childhood history of abuse. A chi-square analysis indicated significant relationships among these variables. Of the participants in this sample, 48.9% had experienced both CAN and DV. These results also indicated that 66.3% of participants had a childhood history of CAN and were currently experiencing issues of CAN with their own children. Logistic regression was utilized to examine whether families involved with Child Protective Services (CPS) were at higher risk for DV and/or parental childhood history of CAN. The results indicate that CPS-involved families were approximately three times as likely to have a parent reporting a childhood history of CAN but were not at significantly higher odds for DV. Implications for service delivery are discussed.     

The Right to Aid: Perceptions and Practices of Justice in a Flood-Hazard Context in Jakarta,Indonesia

Regular floods impact negatively on the health and wellbeing of slum dwellers in Jakarta and it is understandable that the victims seek access to justice. Fieldwork in one of Jakarta's most flood-prone neighbourhoods, Bantaran Kali, reveals that riverbank settlers there access what they perceive to be justice by engaging in a number of different social networks that are neither formal nor informal—they feature in between civil society and the state. In this article I explore the network ties that are used by individual slum dwellers to access justice. I will show that in the context of extreme flood risk and related uncertainty, this form of social capital makes a significant difference to the community and to households, and with respect to individuals' resilience. By exploring this particular avenue of access to justice, I show that a sense of justice is achieved not through the formal agencies of government but by means of social networks in a space that fits uneasily in the dichotomy of state and non-state.     

Wars and Invisible Girls,Shadow Industries,and the Politics of Not-Knowing

This article begins in the interior of Mozambique during the country's post-independence war with the stories of three girls variously affected by violence. It then follows girls' war experiences in general out from the frontlines to wider international locales where girls face domestic violence in their home communities and civil and labor violence at the hands of (shadow) transnational profiteers; who reap billions of dollars yearly on children's factory, domestic, and sexual labor. The article is set in an overall theoretical framework that explores how a politics of invisibility - literally of 'not-knowing' - has developed in which little public information is available on children's human rights violations or on the political tactics and economic gain that have attended to these violations.     

Young People Transitioning from Out-of-home Care in Victoria: Strengthening Support Services for Dual Clients of Child Protection and Youth Justice

Abstract

A significant proportion of young people leaving out-of-home care make their transition to independence via the youth justice system, exposing them to further risks and reducing their likelihood of full social and economic engagement in mainstream society. This article presents the initial findings of a research project based on a partnership between Monash University and seven nongovernment child and youth welfare agencies in Victoria, Australia. Seventy-seven key stakeholders participated in interviews and focus groups with a view to identifying practices and policies that could reduce the over-representation of young people leaving out-of-home care in the youth justice system. Factors that contributed to offending included varied responses by the child protection and youth justice systems, limited utility of leaving care plans, and the availability of a range of preventative and diversionary programs. The findings point to a need for more formalised interagency collaboration, and intensification of the interventions and supports offered both in custodial settings and post discharge from custody or care.     

Children Exposed to Community Violence: Issues for Assessment and Treatment

Community violence is increasingly recognized as a risk factor for serious psychological problems with children particularly vulnerable to its effects. This article summarizes the existing knowledge on the effects of chronic exposure to community violence, highlights essential issues in assessing children for both exposure and resulting trauma from community violence, and provides treatment guidelines for those affected children.     

Sexual and Family Violence: Overcoming Barriers to Service Access for Aboriginal and Torres Strait Islander Clients

ABSTRACT

Despite the fact that Aboriginal and Torres Strait Islander communities typically experience a high prevalence of sexual and family violence, service responses have mostly been culturally inappropriate and ineffective. This article reports on a collaborative, participatory research project aimed at exploring barriers to service access by Aboriginal and Torres Strait Islander clients when they have been affected by sexual and family violence. The findings reveal multiple barriers to service access, including justice system deterrents, social taboo, shame, and a lack of culturally appropriate services. The article highlights the importance of recognising and addressing the complex interplay of historic, social, and cultural factors influencing service access.     

Children and Domestic Violence: A System of Safety in Clinical Practice

Abstract

The present paper provides a framework for working with children and families where there are domestic violence and child protection concerns. A model of practice developed by the St George Domestic Violence Counselling Service and the St George Child and Adolescent Mental Health Service in the South East Sydney and Illawarra Health Service (NSW, Australia) is outlined. The present paper includes a discussion on a recently developed service agreement between the two services and a case study focusing on a ‘system of safety’ when working with children. The present paper focuses on the effects of domestic violence on women and children by male perpetrators. We do not ignore that men may be victims of domestic violence; however, the authors recognise the gendered nature of domestic violence and the significant number of women and children who experience and live with domestic violence.     

Seeking Justice: The Strategy of the National Social Action Program

Past efforts at law reform have taken years of consciousness raising. The resulting legislation has been ineffective in reducing men’s sexual violence against women and children, in large part because most women are understandably reluctant to go to court. This reluctance comesfrom recognition of the fundamental failures of the legal doctrine. The judicial response to men’s sexual violence can be reformed through the use of existing procedures (e.g., prosecution objections and appeals). This paper describes 3 local actions to start a fast and effective reform of the legal doctrine: Documenting the Outrageous, Challenging the Legal System, and Supporting Victims.     

The global three: A Malaysian lens on the challenges and opportunities facing restorative justice planning and implementation

From the rise of restorative justice to evidence-based approaches to reducing recidivism, the intellectual landscape of criminal justice has seen considerable change in recent decades. The result is that an increasing number of countries have tackled the task of shifting preexisting political institutions to confirm with these new understandings. This is, of course, no easy feat. A great number of challenges confront willing policymakers, a reality that often puts philosophy at loggerheads with practicality. Moreover, the political process of change is subject to the influence of cultural and institutional norms. In this paper, we look at one particular case study – that of Malaysia’s juvenile justice system – to understand the challenges faced in changing criminal justice policy. We identify three primary categories of challenges and elucidate their shape and impact through the Malaysian example. We also briefly analyze potential opportunities to mitigate and overcome these challenges. Furthermore, we also conclude with several implications for future research that we deem are important to be taken place. In sum, we argue that criminal justice reform must be undertaken with an eye toward important societal and institutional norms, each requiring thoughtful analysis of complex local cases.     

Legal Mobilisation and Justice: Insights from the Constitutional Court Case on International Standard Schools in Indonesia

Analysis of the role of courts in shaping access to justice in Indonesia has emphasised the role of judges and the incentives created for them by courts' institutional design. Alternatively, it has focused on individual justice-seekers and their capacities to choose between alternative pathways through the legal repertoire. In this paper, we suggest that ‘support structures for legal mobilisation’ (SSLMs) have also played an important role in shaping access to justice by influencing both the potential for legal mobilisation and the type of justice sought. In making this argument, we focus on a recent Constitutional Court case on ‘international standard schools’. In this case, a group of parents were able to mobilise for legal action only because NGOs provided the required technical expertise and financial resources while the central involvement of an anti-corruption NGO in the SSLM shifted the focus from parents' concerns about discrimination to corruption.     

Justifying Justice: Therapeutic Law and the Victimization Defense Strategy

As cultural sociologists have long held, systems of collective meaning invariably take on concrete institutionalized form. In as much as a therapeutic code of moral understanding has become a dominant impulse in American culture, we would expect to find evidence of this cultural sensibility in society's major institutional structures, including the criminal justice system. In this article, we consider the impact of the therapeutic ethos on criminal adjudication through an examination of the `victimization defense strategy'—an increasingly popular legal argument that explains criminal action through a focus on past experiences of social victimization. We find that the emergence and application of this legal strategy relies heavily on the therapeutic ethos, a development that both reaffirms the validity of the therapeutic culture and potentially transforms the very essence of the adjudicative process.     

Effective Responses to Offenders with Intellectual Disabilities: Generalist and Specialist Services Working Together

Abstract

Despite policies of deinstitutionalisation, many people with intellectual disabilities in developed western countries continue to live in mainstream institutional settings, such as correctional facilities, rather than in the community with support from disability services. This paper reports on the life stories of 10 people with intellectual disabilities, who had been imprisoned in adult correctional facilities in Queensland. The pathways taken by these 10 people into and out of prison are marked by significant abuse, neglect, and poverty. Significant disparity and disconnection is also displayed between the policies and service approaches, particularly between the disability, mental health, and correctional systems in Queensland. Based on these findings, a framework for practice, which spans both generic and specialist services, is suggested.