Restorative justice for juvenile offenders in China: Current practices and challenges

ABSTRACT

In recent decades, restorative justice has gained considerable recognition worldwide and has become a prominent option for diverting juveniles away from the traditional criminal justice system as well as delivering fair and just outcomes in the justice process. This paper provides an overview of how the criminal justice system operates for juvenile offenders in the People’s Republic of China (hereafter, China). Based on a sophisticated literature review of recent Chinese academic journal articles on restorative justice for juveniles, the paper presents an analysis of the characteristics and operational procedures of current practices. Deficits and potential future developments pertaining to Chinese restorative practices for delinquents are also discussed.     

Criminal defendants’ family and the death penalty in China - a case analysis

ABSTRACT

The restorative justice movement has increased the rights of consciousness for crime victims and their families globally. Though the practice of family group conferences in Australia and New Zealand and the court-ordered mediation programmes in China have increasingly involved defendants and their families, their roles in the criminal justice system have not been the main focus of academic inquiries. Citing a high-profile capital case in China, the Nian Bin case, this study examines the defendant family’s strategies in seeking legal redress, managing physical, emotional and financial tolls as well as coping with the victim families, throughout their eight-year pursuit of Nian’s exoneration. Given Confucian teachings on the importance of family to the individual and the society at large, this study provides a microscopic view into various precipitating factors for a capital defendant’s family activism. It also draws broader implications for China’s criminal justice reforms and the restorative justice movement.     

Evaluating New Zealand’s restorative promise: the impact of legislative design on the practice of restorative justice

ABSTRACT

Restorative justice is regarded in modern criminal justice systems as one approach to address inadequacies in the conventional justice model. New Zealand has become a leader in implementing legislatively mandated restorative procedures. This reputation is due in part to a handful of supportive statutes: the Sentencing Act 2002, the Victims’ Rights Act 2002, the Parole Act 2002, the Corrections Act 2004 and subsequent amendments to those acts. In this article, I evaluate the practices bolstered by these acts and how effectively they operate, accounting for how legislative design may contribute to achievements and shortcomings in New Zealand's restorative justice programmes. I supplement the results by comparing New Zealand's efforts to those in Vermont, a U.S. state similarly well-regarded for its restorative policies. The evaluation of each jurisdiction's restorative justice programme is based on metrics for restorative success from Bazemore and Schiff (2005. Juvenile justice reform and restorative justice: building theory and policy from practice. Cullompton: Willan Publishing). I employ qualitative and quantitative data, surveying existing evaluations of restorative justice in New Zealand and Vermont, collecting longitudinal statistics, and conducting interviews with restorative justice practitioners. Overall, this analysis reveals that the design of restorative justice programmes requires negotiation; it is difficult to balance the dimensions of effective restorative justice with the needs of modern justice systems.     

Young Adult Outcomes of Juvenile Court–Involved Girls

ABSTRACT

The recent increase in the number of girls involved in the juvenile justice system has resulted in increased academic and public attention. Thus far, this attention has focused on entry into the juvenile justice system rather than longer-term consequences. This research helps fill this gap by examining a sample of 700 maltreated and/or impoverished juvenile court–involved females. Competing risks models were used to control for time from juvenile-court entry to adult outcomes: criminal justice system involvement, use of public mental health or substance use services, and income maintenance use. Results indicate that there are distinct predictors associated with the different outcomes, although learning disability and adolescent parenthood were associated with higher risk of both mental health/substance use services and income maintenance. Individualized services for juvenile court–involved girls are suggested. Prospective, longitudinal research is needed to investigate intrapsychic and behavioral dynamics associated with females' young adult outcomes.     

Addressing the School-to-Prison Pipeline: Examining Micro- and Macro-Level Variables that Affect School Disengagement and Subsequent Felonies

Abstract

This study examines the School-to-Prison Pipeline (STPP) by identifying individual legal and extra-legal variables and school-level factors that predict juvenile/criminal justice involvement using 2006–2012 matched data from education and justice systems (n?=?21,457). The role of school disengagement is also assessed, measuring unexcused absences that follow suspensions in the previous academic year. For the court-involved subsample (n?=?7349), after controlling for student behavior, demographic, and school-level factors; extra-legal racial differences remain a significant factor in determining higher counts of felonies with African American and Multi-racial students at increased likelihood (1.65 and 1.86 times, respectively for the higher latent class) of juvenile/criminal justice involvement as compared with White students. And, although White students were found to either be more disengaged or equally disengaged when compared with students of color, sharp differences in criminal justice involvement and outcomes exist by race/ethnicity. These findings suggest that addressing the STPP will require future research and focus on more than individual-level behaviors (school disengagement and school-based offenses) and attention to the impact of extra-legal variables and systemic implicit bias.     

The Life and Death of the Care Order (Criminal)

Professor Robert Harris, Department of Social Policy and Professional Studies. The University of Hull. Hull, HU6 7RX. Summary This paper traces the life history of the care order (criminal)from its inception in the 1969 Children and Young Persons Actto its abolition in the 1989 Children Act. It is argued thatthe care order (criminal) is a microcosm of the central ambiguityof the juvenile justice system, and that its history accordinglymirrors that of juvenile justice itself. An empirical studyis then reported which demonstrates that the role of the provisionsince 1983 has been complex, but that it has catered for threedistinct groups of offenders, of whom only one poses a policyproblem. The ‘residence requirement’ solution tothis problem in the 1989 Children Act is welcomed as havinga better chance of sustaining the different tasks of the juvenilejustice system.     

Variations in the Life Histories of Incarcerated Parents by Race and Ethnicity: Implications for Service Provision

ABSTRACT

Incarcerated parents have complex life histories that often remain unresolved during incarceration, can continue to create barriers to prosocial success on release, and present similar intergenerational challenges for their children. This study examines the life histories of incarcerated fathers and mothers from the Pacific Northwest and how their experiences vary based on race and ethnicity. Five areas examined were exposure to trauma, child welfare involvement, mental health and substance abuse problems, juvenile justice and adult criminal justice involvement, and intergenerational criminal justice involvement. The sample comprised 359 incarcerated parents, and their racial/ethnic composition was 59% White, 14% African American, 11% multiracial, 8% Native American, and 7% Latino. Few differences were found across racial and ethnic groups. Mothers appeared more similar to each other across groups than fathers. Results illustrated similarities yet some surprising differences with national trends on key study variables. Implications for future research and intervention and prevention are discussed.     

Iwi community justice panels reduce harm from re-offending

ABSTRACT

The effect of iwi community justice panels is assessed using data from seven years of implementation. Panel participants of 1013 are compared to a control group drawn from 73,000 offenders charged with similar offences and propensity-matched by age, gender, ethnicity, offending history and location. The dependent measure is re-harm from offending calculated using the NZ Crime Harm Index. Panel participants did not reduce their rate of offending compared to matched controls. However, there is a significant reduction in harm from post-panel offending, on average by 26.9 ± 21.05 equivalised prison days. The relative reduction is 22.25% of the harm committed by matched controls. Iwi panels are an effective alternative justice resolution. Panel participants are found to re-offend with minor offences and thus any focus on rates of offending would miss the complexity of the restorative justice process that reduces the harm of re-offending.     

中国内地惩治知识产权犯罪的路径——以香港特区知识产权制度为参照

知识产权制度是促进人类经济发展、社会进步、科技创新、文化繁荣的基本法律制度。在知识经济时代,中国内地应与香港特区加强各方面包括法律及其相关制度的横向交流。通过对香港与内地知识产权立法的有关问题进行比较、借鉴,完善中国内地惩治知识产权犯罪的路径,切实保护知识产权,实现刑事正义,服务于经济社会发展。     

Victim-Offender Mediation in the Italian Juvenile Justice System: The Role of the Social Worker

Correspondence to Anna Costanza Baldry, Department of Social and Developmental Psychology, Faculty of Psychology, University of Rome ‘La Sapienza’, via dei Marsi, 78, 00185 Rome, Italy Summary Mediation, according to the restorative justice approach, balancesthe victims' needs against holding offenders responsible forthe harm caused and requiring them to make reparation for it.Victim-offender mediation in the Italian juvenile justice systemis not, as yet, widely implemented. Social workers, employedby the Juvenile Criminal Justice Department, are the only professionalsinvolved in mediation. Results from a national survey conducted with social workerswho are responsible for victim-offender mediation as part oftheir probation duties, show that mediation programmes remainlimited and unstructured. Individual, locally based experiences,not equally distributed around the country and mainly involvingpetty crimes, indicate that in most cases primary attentionis paid to the young offender and that the victim's interestsare not considered. Social workers claim that, although theyperceive the advantages of a restorative justice approach tocrime, they lack the skills as well as the time to undertakethis duty adequately. The research findings also address thepotential biases of offering mediation programmes as part ofa probation order, thereby affecting the independence and neutralityof mediation. This risk can be avoided if social workers actingas mediators are thoroughly trained, as in the case study ofattempted murder presented below. The case study reported shows,moreover, that mediation can be successfully undertaken evenwith serious offences and that both the victim and the offendercan benefit from it. Issues related to the implications andsocial policy impact of mediation as a social work practiceare also considered.     

‘I make use of my precious experience,and help others. It's a kind of blessing.’ Does public sharing of past experiences help in the rehabilitation of former offenders or drug abusers?

The Community Education Service (CES) of The Society of Rehabilitation and Crime Prevention (SRACP) has pioneered the adoption of life education in crime prevention education in Hong Kong since 1977. Under this programme, former offenders and drug abusers are recruited to share their experiences with community audiences. Through such sharing, it is hoped that the former offenders and drug abusers will gain a deeper insight into the consequences of committing crime or abusing drugs, have the courage to admit their failings and find the way to lead a more fulfilling and law-abiding life.

In the past, different organizations have employed former offenders and drug abusers in educational programmes, particularly in relation to the prevention of juvenile delinquency. A number of studies demonstrate the educational effectiveness of sharing past deviant behaviours with audiences. Moreover, the mission of SRACP is to help the reintegration into society of former offenders and drug abusers. Consequently, employing former offenders and drug abusers to share their experiences serves another important function; to facilitate the transformation of their past histories into valuable assets and help with their own rehabilitation during the process of serving others, as suggested by ‘helper therapy’ and ‘professional ex-s’ (Brown 1991). A successful rehabilitation means success in reducing recidivism.

This paper examines whether sharing one's real-life experiences with others can influence the rehabilitation process, and provides recommendations for improving service delivery to benefit both audience and the speakers themselves. Fifteen individuals who were formerly either offenders or drug abusers, aged between 18 and 45 years, and who had led a ‘clean’ life for the previous six months, took part in in-depth interviews in order to investigate their perceptions of the function of real-life experience sharing in their own rehabilitation. Concepts of labelling theory (Becker 1963) and self-fulfilling prophecy (Wilkins 1976) provided the framework for these interviews.

The study concludes that respondents are normally able to help themselves to resist crime and drugs, given that the internal and external factors affecting sharing are well addressed. The results identify practical implications and directions for future involvement of former offenders and drug abusers in community-based crime prevention education programmes.     

Resilience for dropout students with depression in secondary schools in Hong Kong: parental attachment,hope and community integration

ABSTRACT

The objective of this qualitative research is to better understand school dropout students with depression in Hong Kong and how they overcome their adversities. Three girls and five boys participated in the study. The results showed that the Hong Kong cultural context was affected by school competition and the effect of mental health labelling. Jaspers’ phenomenology was utilised to understand the phenomenon of school dropout and depression. The findings illustrated the importance of secure parental attachment, substitute secure attachment, hope, supportive environment and community integration in helping dropout students with depression to overcome adversities. A resilience model for school dropouts with depression is proposed for improving professional practice in Hong Kong.     

Social Work and Criminal Justice in Scotland: Developments in Policy and Practice

Correspondence to Dr Gill Mclvor, Social Work Research Centre, Department of Applied Social Science, University of Stirling, Stirling FK9 4LA, Scotland. Summary In the last five years major changes have occurred in the provisionof social work services to the Scottish criminal justice system.The present article charts recent developments in statutoryand voluntary community-based social work services to offenders,locating them in the context of contemporary penal policy. Thecontribution of social work at various points in the criminaljustice process is discussed with particular reference to theintroduction of national standards and full central fundingof statutory social work services. The new funding arrangementshave, it is suggested, provided an impetus to the developmentof statutory services but at the expense both of services notcurrently subject to the 100 per cent funding mechanism andof increased central government control. The article concludesby outlining the challenges to be faced by social work departmentsover the next few years, including an ever-widening remit andthe uncertainties surrounding local government re-organization.     

Trauma and Stress Among Older Adults in the Criminal Justice System: A Review of the Literature with Implications for Social Work

The purpose of this article was to review the empirical literature that investigated trauma and stress among older adults in the criminal justice system. Nineteen journal articles published between 1988 and 2010 were identified and extracted via research databases and included mixed age samples of adjudicated older and younger adults (n = 11) or older adult only samples (n = 8). Findings revealed past and current trauma and stress, consequences and/or correlates, and internal and external coping resources among aging offenders. The implications and future directions for gerontological social work, research, and policy with older adults in the criminal justice system are advanced.     

Local worker discretion within non-governmental organisations: social integration,social control,or innovation?

Abstract

This paper focuses on the dynamics of frontline organisational practice and examines how non-governmental organisations (NGOs) act as an intermediary between people and the state. It explores how workers in NGOs in the Pearl River Delta are responding to the needs of local migrant populations including rural-to-urban migrants and foreigners within mainland China, cross-border ‘new arrival’ Chinese and ethnic minorities in Hong Kong. We examine how government policy imperatives that relate to (im)migrants within the wider region are operationalised in strategic and direct practice, drawing on the theory of street-level bureaucracy to guide the analysis of primary data collected in two cities (Hong Kong and Guangzhou) during 2014. Key findings provide evidence of discretionary agency in both locations although the broader scope for an agency is evident in Hong Kong than Guangzhou. Implications for future practice are discussed within the context of increasingly restrictive political and social environment within the region.     

Different problems – same treatment. Swedish juvenile offenders in community‐based rehabilitative programmes

Ginner Hau H, Smedler A‐C. Different problems – same treatment. Swedish juvenile offenders in community‐based rehabilitative programmes Int J Soc Welfare 2011: 20: 87–96 © 2009 The Author, Journal compilation © 2009 Blackwell Publishing Ltd and the International Journal of Social Welfare. Young delinquents may be regarded as children in need of rehabilitation or as offenders deserving of consequences proportional to the committed crime. The focus has increasingly been on the latter, while research shows that individual risk assessment is essential for effective rehabilitation. This study explored self‐reported history of antisocial behaviour among Swedish male offenders 15–17 years of age (n= 189) who were sentenced to participate in rehabilitative programmes conducted by local social services. Antisocial behaviour was extensive and, according to a principal component analysis, consisted of three dimensions: (i) adolescent delinquency; (ii) violence and theft; (iii) drug‐related crimes. Using cluster analysis, the participants were divided into four subgroups representing different levels and characteristics of delinquency, which explained 73 per cent of the variance in antisocial behaviour. The conclusion is that assignment to rehabilitative programmes appeared unrelated to subgroups, i.e. to risk level. Organisational obstacles to an evidence‐based practice are discussed.     

The mentor/monitor debate in criminal justice: 'what works' for offenders

Summary There is a move - which originated in England and Wales butis now infiltrating Scottish criminal justice policy and practice- towards increased managerialism and auditing within criminaljustice social work supervision and towards more formalizedand tenuous relationships between worker and service user. Itis suggested that this runs contrary to the needs and expectationsof offenders themselves, who rarely have the opportunity tocontribute their views on criminal justice social work or on'what works'. This article looks at the views of probationersand ex-prisoners about social work supervision both in Englandand Wales and Scotland. It describes one Scottish study, whereprobationers and parolees considered their 'ideal model' ofthe social worker to be someone who was proactive and constructive,offering encouragement and emotional support and acting, intheir eyes, more like a mentor than a monitor. The researchfindings demonstrate the need for offenders' views to be givenmore prominence in both policy and practice, not least in recognizingthe significance of factors other than behaviour in determiningeffective longer-term outcomes; in so doing, it also arguesfor a more balanced view of the role of criminal justice supervisionthat incorporates elements of both justice and welfare.     

Impact of enforcing a statutory minimum wage on work and quality of life of vulnerable groups in Hong Kong

The statutory minimum wage (SMW) law was enforced in Hong Kong on 1 May 2011. To examine its impact, this longitudinal study measured the quality of life, job and pay satisfaction, monthly income, hourly rate and working hours of vulnerable groups (n = 253) before and after the legislation. The findings confirmed that the enforcement of the SMW induced a positive impact as intended. The introduction of the SMW induced a positive wage and employment effect on the vulnerable groups in Hong Kong without harming their employment rate. Job and pay satisfaction, as well as most domains of the quality of life (i.e., physical and psychological health, and environment), increased significantly. In general, the positive impact of the SMW was more prominent for employees who previously worked less than 18 hours a week and who had hourly rates less than 28 HKD. The implications of the findings are discussed in the social context of Hong Kong. Key Practitioner Message: ● Enforcing minimum wage induced a positive impact on quality of life, job and pay satisfaction, and a monthly income of vulnerable groups. ● The social relations (quality of life) decreased after implementing minimum wage for workers working longer than 18 hours a week. ● Longer working hours is a key factor for the increase of a monthly income among the vulnerable groups.     

The Development and Initial Validation of a Psychoanalysis Use/Non-Use Scale among a Sample of Hong Kong Helping Professionals.

ABSTRACT

This article reports on the construction and initial validation of the Psychoanalysis Use/Non-Use scale (PUNU) and the complementary Conflicts with Hong Kong Chinese Culture scale (CHKCC), developed for assessing the penetration of psychoanalysis among counseling professionals in Hong Kong. A total of 217 Hong Kong social workers, psychologists, and counselors were surveyed to assess the scales' internal psychometric properties. Factor analysis confirmed a four-factor structure for the PUNU, and a unidimensional structure for the CHKCC, with 17 and 9 items, respectively. Internal reliability of both scales was good and discriminative validity was supported by comparisons with background information. These scales could help to identify factors that affect the understanding of psychoanalysis among professionals and could be useful for educational purposes.     

Jean Valjean Bank in Korea: an innovative approach to poor defendants sentenced to pay fines

ABSTRACT

This study aims to introduce Jean Valjean Bank in South Korea which is an innovative approach supporting poor defendants who cannot pay fines and accordingly are imprisoned. In Korea, it is reported that we have more than 40,000 Jean Valjeans annually. As a civil movement against the unfair criminal justice system, a non-governmental organisation Human Rights Solidarity (Inkwon Yondae in Korean) opened Jean Valjean Bank in 2015. Jean Valjean Bank targets poor defendants who are not able to pay fines and who are confined to prison because of non-payment of fines. As of December 2017, the Bank has loaned KRW1,024 million to 545 persons with an average loan per participant of KRW1,879,700. The Bank reported that, among the receivers, 84 persons completed redemption and 277 persons are redeeming loans to the Bank. This study concludes with implications for reforms in criminal justice system in Korea.