Children's Court Magistrates' Views of Restorative Justice and Therapeutic Jurisprudence Measures for Young Offenders

Youth Justice, 17: 22-40, 2016

19 Pages Posted: 20 Oct 2016 Last revised: 18 Feb 2018

Kelly Richards

School of Justice, Queensland University of Technology

Lorana Bartels

University of Canberra - School of Law and Justice

Jane Bolitho

University of New South Wales (UNSW) - School of Social Science and Policy

Date Written: 2016

Abstract

Restorative justice and therapeutic jurisprudence measures have recently been introduced into youth justice systems. As gatekeepers to these measures, Children’s Court magistrates play a crucial role in their success. However, little research has been undertaken on magistrates’ views of these measures. This article addresses this gap by presenting results of interviews undertaken with Children’s Court magistrates in New South Wales, Australia. Our research suggests that magistrates are enthusiastic about the philosophy of both restorative and therapeutic measures, but are reluctant to embrace them if they consider them underresourced, poorly understood and/or poorly implemented. The implications of these findings are discussed

Keywords: Restorative Justice, Therapeutic Jurisprudence, Australia, Youth Justice, Courts

Suggested Citation

Richards, Kelly and Bartels, Lorana and Bolitho, Jane, Children's Court Magistrates' Views of Restorative Justice and Therapeutic Jurisprudence Measures for Young Offenders (2016). Youth Justice, 17: 22-40, 2016. Available at SSRN: https://ssrn.com/abstract=2856029 or http://dx.doi.org/10.2139/ssrn.2856029

Kelly Richards

School of Justice, Queensland University of Technology ( email )

Lorana Bartels (Contact Author)

University of Canberra - School of Law and Justice ( email )

Australia

Jane Bolitho

University of New South Wales (UNSW) - School of Social Science and Policy ( email )

Australia

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