DOCSLIB.ORG

Juvenile Justice

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Juvenile Justice JUVENILE JUSTICE: A COMPARISON BETWEEN THE LAWS OF NEW ZEALAND AND GERMANY A thesis submitted in fulfilment of the requirements for the Degree of Masters of Laws in the University of Canterbury by Katja Kristina Wiese School of Law University of Canterbury 2007 DEDICATED TO MY GRANDMOTHERS, GRETA WIESE (AMI DUMBO) AND SYBILLE HEGERMANN (AMI SYBILLE) _________________________________ i _________________________________ TABLE OF CONTENTS ______________________________________________________________________ TABLE OF CONTENTS ............................................................................................... I ABSTRACT....................................................................................................................V ACKNOWLEDGEMENTS .......................................................................................VII GLOSSARY OF GERMAN WORDS .........................................................................X CHAPTER ONE – INTRODUCTION.........................................................................1 CHAPTER TWO - THE RESEARCH PROCESS ..................................................12 2.1 INTRODUCTION ............................................................................................. 12 2.2 RESEARCH METHODS ................................................................................... 13 2.3 SELECTING AND CONTACTING PARTICIPANTS .............................................. 18 2.4 THE INTERVIEWS .......................................................................................... 21 2.5 ANALYSING THE RESEARCH MATERIAL ....................................................... 26 CHAPTER THREE -JUVENILE JUSTICE MODELS...........................................32 3.1 INTRODUCTION ............................................................................................. 32 3.2 WELFARE MODEL......................................................................................... 35 3.3 JUSTICE MODEL............................................................................................ 39 3.4 CRIME-CONTROL MODEL ............................................................................. 41 3.5 DIVERSION MODEL....................................................................................... 42 3.6 MEDIATION AND RESTORATIVE JUSTICE MODEL........................................... 47 _________________________________ ii _________________________________ CHAPTER FOUR - HISTORICAL, SOCIAL AND LEGAL CHARACTERISTICS OF NEW ZEALAND AND GERMANY................................................................................50 4.1 INTRODUCTION ............................................................................................. 50 4.2 NEW ZEALAND ............................................................................................. 51 4.2.1 History and Profile................................................................................ 51 4.2.2 Legal System and Jurisdiction.............................................................. 54 4.2.3 Demographic Characteristics................................................................ 56 4.2.4 Family Structure ................................................................................... 60 4.2.5 Juvenile Delinquency ........................................................................... 62 4.3 GERMANY ................................................................................................. 73 4.3.1 Profile ................................................................................................... 73 4.3.2 Legal System and Jurisdiction.............................................................. 74 4.3.3 Demographic Characters ...................................................................... 75 4.3.4 Family Structure ................................................................................... 80 4.3.5 Juvenile Delinquency ........................................................................... 81 4.4 SUMMARY AND COMPARISON ...................................................................... 90 CHAPTER FIVE - HISTORICAL DEVELOPMENT OF NEW ZEALAND’S AND GERMANY’S JUVENILE JUSTICE SYSTEMS........92 5.1 NEW ZEALAND ............................................................................................. 92 5.1.1 The Pre-Colonial Maori Practice of Dispute Settlement...................... 92 5.1.2 Development at the End of the 19th and in the early 20th Century ....... 97 5.1.3 The Child Welfare Act 1925 and the Crimes Act 1961 ..................... 106 5.1.4 The Children and Young Persons Act 1974 ....................................... 114 5.2 GERMANY ............................................................................................... 125 5.2.1 The Penal Proceedings Regarding Children And Young Persons From the Roman Empire to the Early 20th Century........................... 125 5.2.2 The Jugendgerichtsgesetz of 1923 .................................................... 138 5.2.3 The Jugendgerichtsgesetz (RJGG) of the Third Reich of 1943 ......... 143 _________________________________ iii _________________________________ 5.2.4 The Jugendgerichtsgesetz of 1953 and the Development of the Implementation of the 1st JGG Änderungsgesetz of 1990................. 146 5.3 SUMMARY AND COMPARISON .................................................................... 152 CHAPTER SIX -THE CURRENT YOUTH JUSTICE SYSTEMS IN NEW ZEALAND AND GERMANY ...............................................159 6.1 INTRODUCTION ........................................................................................... 159 6.2 THE JUVENILE JUSTICE SYSTEM IN NEW ZEALAND .................................... 161 6.2.1 Principles of the CYPFA Guiding Exercise of Power in Relation to Offending by Young People.............................................................. 165 6.2.2 Scope of the CYPFA.......................................................................... 168 6.2.2.1 Persons to Whom the Act Applies and Age of Criminal Responsibility............................................................................ 168 6.2.2.2 Relevant Scope.......................................................................... 171 6.2.3 The Juvenile Justice Process and the Legal Consequences of an Offence Committed by a Young Person............................................ 172 6.2.3.1 Police Contact and Reaction ..................................................... 175 6.2.3.2 Youth Justice Coordinator ........................................................ 185 6.2.3.3 Family Group Conferences ....................................................... 187 6.2.3.4 Youth Court............................................................................... 218 6.2.4 Evaluation........................................................................................... 242 6.2.4.1 Introduction............................................................................... 242 6.2.4.2 Diversion................................................................................... 243 6.2.4.3 Family Group Conferences ....................................................... 247 6.2.4.4 Evaluation of Measures and Court Orders................................ 257 6.2.4.5 Further Strengths and Weaknesses of the System..................... 267 6.2.4.6 Conclusion ................................................................................ 268 _________________________________ iv _________________________________ 6.3 THE JUVENILE JUSTICE SYSTEM IN GERMANY............................................ 269 6.3.1 Principles of the Jugendgerichtsgesetz............................................... 270 6.3.2 Scope of the JGG................................................................................ 273 6.3.2.1 Persons to Whom the Act Applies and Age of Criminal Responsibility............................................................................ 273 6.3.2.2 Relevant Scope.......................................................................... 281 6.3.3 Youth Justice Proceedings and Legal Consequences of an Offence Committed by a Young Person.......................................................... 282 6.3.3.1 Police Contact and Reaction ..................................................... 287 6.3.3.2 Staatsanwaltschaft..................................................................... 291 6.3.3.3 Jugendgerichtshilfe ................................................................... 296 6.3.3.4 Youth Court............................................................................... 298 CHAPTER SEVEN -COMPARISON, RECOMMENDATIONS AND CONCLUSION........................................................................328 BIBLIOGRAPHY .......................................................................................................355 APPENDICES..............................................................................................................390 APPENDIX A – EXAMPLE OF A FAMILY GROUP CONFERENCE PLAN................391 APPENDIX B – INTERVIEW GUIDES.............................................................393 APPENDIX C – JUVENILE JUSTICE ACT (ENGLISH TRANSLATION)..................412 ___________________________ v ___________________________ ABSTRACT ___________________________________________________________ The main objective of this thesis is to make a contribution to the controversial subject of how the German youth justice system could be reformed. In this context,
Load more

Recommended publications
  • Police Perceptions of Maori
    Police Perceptions of Maori A Report to the New Zealand Police and the Ministry of Maori Development: Te Puni Kokiri Gabrielle Maxwell Catherine Smith Institute of Criminology Victoria University of Wellington March 1998 A Victoria Link Project Acknowledgements The authors wish to acknowledge the help and support they received from their colleagues, Allison Morris and Paula Shepherd, from Manon Fala who assisted with the follow up telephone calls, from the representatives of the New Zealand Police and Te Puni Kokiri who provided advice and support throughout the project and from the many police officers, men and women, Maori and non Maori who were generous enough to spare their time to respond to our questions and to share their views with us. ii Contents List of Tables iv Executive summary v Introduction 1 Method 3 Questionnaire design 3 Police behaviour 3 Police officers' attitudes 4 General questions on policy and strategy 5 Background characteristics 5 Piloting 5 Sample selection 5 Distribution of questionnaires 6 Responses 6 Data presentation and analysis 8 Results 10 Description of sample 10 Police attitudes and behaviour in general 12 Police responses to differences in ethnicity 12 Racist language 13 Specific police responses to Maori and Caucasian 14 Negative attitudes to different ethnic groups 17 Changing attitudes over time 19 Maori and other police officers 19 Police officers' attitudes 20 Factors affecting attitudes 25 Police policy and strategy 27 Differences in the views of Maori and NZ European police officers 29 Policy
    [Show full text]
  • The Kaipatiki Community Policing Project
    2013 Goldstein Awards The Kaipatiki Community Policing Project: A problem solving approach to youth crime in Kaipatiki. Waitematä Police District New Zealand Front cover: Kaipatiki Community Policing Project team. From left: Constable Ant Searle, Sergeant Sundip Patel, Constable Wayne Iremonger, Constable Bianca Johnson. Inset: Constable Grant Kenny (Photo courtesy of North Shore Times) THE KAIPATAKI COMMUNITY POLICING PROJECT Section 1: Summary of Application A 2010 District scan (macro-scan) by Waitematä Police showed that while North Shore City1 recorded the lowest crimes per capita of any city in New Zealand, its working class neighbourhood suburbs of Beach Haven and Birkdale (commonly referred to as Kaipatiki) remained over represented in a number of crime types, particularly burglary. Current social strategies were failing to achieve the desired crime and safety outcomes. A micro-scan of Kaipatiki confirmed the existence of a crime problem: burglary. Burglary, one of the primary community concerns, was increasing, in contrast to the remainder of the City. Residents of Kaipatiki were up to three times more likely to be burgled than those in other suburbs. A small team of a Sergeant and four Constables, were committed to supplement the existing Community Constable and initiated the analysis and response phase of the Kaipatiki Community Policing Project. Data gathering was commenced to understand and identify what was driving crime and to identify other community concerns. It included community consultations, a Perceptions of Safety survey and Police Intelligence products. 1 North Shore was one of four cities making up the Auckland metropolitan area. These four cities, along with three districts, were merged in November 2010 into one "super city" under the governance of the Auckland Council.
    [Show full text]
  • New Zealand Police Briefing to the Incoming Minister
    NEW ZEALAND POLICE BRIEFING TO THE INCOMING MINISTER 2008 OVERVIEW.....................................................................................................................2 STRATEGY.....................................................................................................................4 GOVERNANCE.............................................................................................................8 Internal Governance...........................................10 SIGNIFICANT ISSUES..............................................................................................12 IMMEDIATE ISSUES................................................................................................16 POLICE PARTNERSHIPS........................................................................................23 Domestic..............................................................24 International.........................................................25 International Deployments...................................26 RISK...........................................................................................................................28 RESOURCES.............................................................................................................29 CAPACITY................................................................................................................31 Human Resources.................................................31 Police Collective Wage Round ..........................33 Information Communications
    [Show full text]
  • Procedural Conflict and Conflict Resolution: a Cross-National Study of Police Officers from New Zealand and South Australia
    Procedural conflict and conflict resolution: a cross-national study of police officers from New Zealand and South Australia Ross Hendy Churchill College University of Cambridge This dissertation is submitted for the degree of Doctor of Philosophy May 2018 ii iii Declaration Tis dissertation is the result of my own work and includes nothing which is the outcome of work done in collaboration except as declared in the preface and specifed in the text. It is not the same as any that I have submitted, or, is being concurrently submitted for a degree or di- ploma or other qualifcation at the University of Cambridge or any other University or similar institution. I further state that no substantial part of my dissertation has already been submit- ted, or, is being concurrently submitted for any such degree, diploma or other qualifcation at the University of Cambridge or any other University or similar institution. iv v Abstract Tis research takes a cross-national approach to explore how police officers attempt confict resolution in their day-to-day activities. Using comparisons of the behaviour of routinely armed officers from South Australia and routinely unarmed officers from New Zealand, this thesis chronicles a research journey which culminates with a new theoretical framework to explain police-citizen encounters. Te research took a grounded theory approach and employed a mixed methods design. Quantitative data revealed that officers from South Australia used verbal and physical control behaviours more frequently and for a higher proportion of time during encounters than dur- ing the encounters observed in New Zealand. Tere were no clear explanations for the differences, although there were variations in law and the profle of event-types between the research sites.
    [Show full text]
  • The Right to Keep Secret Guns
    The Right to Keep Secret Guns Registering Firearms to Reduce Gun Violence Philip Alpers New Zealand Police Association (Inc.) Wellington July 1997 2 Guns In New Zealand A Brief Background In New Zealand, 250,0001 licensed shooters own an estimated 1.1 million firearms,2 enough for one in each occupied dwelling3 and sufficient to outnumber the combined small-arms of the police4 and armed forces5 by a ratio of 30 to 1. We own 11 times as many guns per capita as the English and the Welsh,6 60% more than the Australians7 but less than half as many as the residents of the United States.8 An additional 14,000 guns are imported to New Zealand in a typical year.9 Each day an average of seven firearm offences involving danger to life are reported to the police,10 while one in five homicides are committed with a firearm.11 In a typical year 99 New Zealanders are shot to death: one for every 88 hours.12 Of these, 75% are suicides, 12% homicides, and 11% accidents.13 In an average year, 13 children and youths aged 19 or younger die from gunshot wounds14 and another 89 people are admitted to hospital with non- fatal wounds. 15 Our gun death toll is 15% higher than the toll from cervical cancer. For every ten New Zealanders who die from HIV/AIDS, sixteen die by gunshot. Gun death is three times more common than death by fire.16 Of all victims of gun homicide in this country during 1992-94, most (52.5%) were shot by a licensed gun owner.
    [Show full text]
  • In the High Court of New Zealand Auckland Registry I Te Kōti Matua O Aotearoa Tāmaki Makaurau Rohe Cri-2019-404-000416 [2020]
    IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE CRI-2019-404-000416 [2020] NZHC 368 BETWEEN MANINDER SINGH Appellant AND NEW ZEALAND POLICE Respondent Hearing: 3 February 2020 Counsel: M J Mellin for appellant C D Piho for respondent Judgment: 3 March 2020 JUDGMENT OF KATZ J [Conviction and sentence appeal] This judgment was delivered by me on 3 March 2020 at 3:30pm Registrar/Deputy Registrar Solicitors: Kayes Fletcher Walker Ltd, Office of the Crown Solicitor, Manukau Counsel: M J Mellin, Barrister, Manukau SINGH v NEW ZEALAND POLICE [2020] NZHC 368 [3 March 2020] Introduction [1] Mr Singh appeals his conviction and sentence on a charge of driving with excess breath alcohol.1 He was found guilty by Judge David J Harvey in the District Court at Manukau, following which he was disqualified from driving for six months and fined $1,030.2 [2] The key issues raised by Mr Singh’s appeal are: (a) whether the Judge erred in finding that the police officer was justified in administering a breath alcohol test;3 and (b) (if the conviction is not set aside on the basis of this alleged error) whether the Judge erred in not discharging Mr Singh without conviction.4 [3] Mr Singh seeks leave to file an updating affidavit for the purposes of the appeal. The Crown did not oppose admission of that evidence. I am satisfied that it is credible, fresh, and relevant to the safety of the convictions and should therefore be admitted.5 [4] Mr Singh seeks an extension of time for the appeal to be brought.
    [Show full text]
  • Review of New Zealand Police's Progress in Response to the 2007
    Review of New Zealand Police’s progress in response to the 2007 Commission of Inquiry into Police Conduct Professor Mike Rowe Northumbria University, UK Associate Professor Michael Macaulay IGPS, Victoria University of Wellington INSTITUTE FOR GOVERNANCE AND POLICY STUDIES MONTH/YEAR February 2017 AUTHORS Mike Rowe (Northumbria University, UK) Michael Macaulay (VUW) ACKNOWLEDGEMENTS The authors would like to thank all interviewees who participated in the review. In particular, thanks to Lesley Cornish and Mike Webb (NZ Police) for their facilitation of interviews and field visits, and for the insights of Professor Karin Lasthuizen (VUW). INSTITUTE FOR GOVERNANCE School of Government AND POLICY STUDIES Victoria University of Wellington PO Box 600 Wellington 6140 New Zealand For any queries relating to this working paper, please contact [email protected] DISCLAIMER The views, opinions, findings, and conclusions or recommendations expressed in this paper are strictly those of the author. They do not necessarily reflect the views of the Institute for Governance and Policy Studies, the School of Government or Victoria University of Wellington. Contents 1. Introduction and background ........................................................................................... 4 2. Methodology .................................................................................................................... 6 3. Theme One: ASA(I) ......................................................................................................... 7 3.1 Training
    [Show full text]
  • The Queen's Birthday Honours 1989
    SPECIAL 277t The New Zealand aze WELLINGTON: MONDAY, 26 JUNE f9E9 ISSUE NO. IOE THE QUEEN'S BIRTHDAY HONOURS 1989 Hts Excellency the Govemor-General has announced that The Silvia Rose, Mrs CARTWRIGHT, of Wellington. For Queen has been graciously pleased, on the occasion of the services to women. celebratlon of Her Majesty's Birthday, to confer the following honours and awards: K.B.E. Crvr Lsr To be an Ordtnary Knlght Commander of the Civil Division KNIGHTS BACHELOR of the satd Most Excellent Order: Robert Edward JONES, of Lower Hutt. For services to Ross Malcolm JANSEN, c.B.E., J.p., of Hamilton. For business management and the community. services to local government. Professor lan Hugh KAWHARU, of Auckland. For services c.B.E. to the Maori people. To Commanders of the Civil Divislon of the The Right Honourable (Mr Justice) Edward Jonathan be Ordinary said Most Excellent Order: SOMERS, of Wellington. Judge of the Court of Appeal. (Ruth ii,Iinnie Mumford), of Dunedin. For THE MOST DISTINGUISHED ORDER OF SAINT Ruth DALLAS services to literature. MICHAEL AND SAINT GEORGE John Harold GRAY, o.B.E., 8.D., of Christchurch. General C.M.G. Manager and Town Clerk, Christchurch City Council. To be Ordinary Members of the Third Class, or Dr Charmian Jocelyn O'CONNOR, ,1.p., of Auckland. For Companions, of the said Most Distinguished Order: services to chemistry, education and the community. Malcolm Leitch CAMERON, of Wellington. Lately Director- Professor Thomas Vianney O'DONNELL, of Wellington. General, Ministry of Agriculture and Fisheries. For services to medicine. Denis Bazeley Gordon McLEAN, of Wellington.
    [Show full text]
  • Bullying and Harassment in the New Zealand Parliamentary Workplace
    External Independent Review Bullying and Harassment in the New Zealand Parliamentary Workplace Debbie Francis May 2019 “It’s so great we’re brave enough to be doing this. It’s time. It’s the 21st century…and ethical and authentic leadership really matter. We have the public expecting us to improve our behaviour and relationships. However, we also need to be wary of adopting point solutions to something so complex as parliamentary culture…it’s a complex ecosystem and if we are to be the best that we can be, it’s going to take collective effort over several years and successive governments.” “My hope from the Review is we actually do some things to change this place for the better. I hope it’s not just all talk. We can be better. We have to be better, for democracy’s sake.” “I want New Zealanders to be proud of our Parliament. I can’t bear it that they watch us all behaving like savages at question time. Dame Whina [Cooper] reminded us to be careful what our children see. We should also be careful what the citizens we want to engage in our democracy see from us as elected leaders.” “We must behave with dignity and respect for each other, even while we contend on issues and ideas. It’s no longer OK to use ‘robustness’ as an excuse for bad behaviour.” “What do I want from this Review? I want our elected Members to be inspiring role models for all New Zealand employers.” “I just want this place to be the great place to work it can be.
    [Show full text]
  • Principled Action
    EDITORIAL Principled action E ngā rau rangatira mā, tēnā koutou, tēnā police enforce the law. Māori make up 16% koutou, tēnā koutou katoa. of the population but make up 51% of those imprisoned (Department of Corrections, One of the things I never understood from 2019), are nine times more likely to have a the movies is how martyrdom works. It TASER pointed at us, six times more likely always seemed foolish to me that the bad to be pepper sprayed and four times more guy would have the good guy in his hands likely to be shot (New Zealand Police, 2018). and wouldn’t dispose of him straight away, because of the worry it would somehow turn Even though normally the New Zealand him into a martyr and, therefore, they would Police are unarmed, in the seven months somehow win. I used to wonder: how could after the Armed Response Teams started, the death of one person be that powerful? three Māori and Pacific Island men were shot Such has been the murder of George Floyd in and killed by armed police (Scoop Media, Minneapolis in the USA. While an innocent 2020), the same as the number of people victim, rather than someone martyred for killed by the UK police for the whole of 2019 a political or religious cause, his murder (Inquest.org, 2020). Although they were not at the hands of the police started a chain killed by the Armed Response Team, their reaction that reverberated across America presence almost certainly contributed to the and then around the world—even as far as growing militarisation of the New Zealand New Zealand.
    [Show full text]
  • Is New Zealand Already a Fascist Police-State?
    Is New Zealand already a fascist police-state? By Richard Bardon lobby group the Business Roundtable and by political stooges “Fascism should more appropriately be called corpora- such as Douglas, New Zealand underwent what MPS found- tivism, because it is a merger of state and corporate power.” ing member Max von Thurn und Taxis described in 1989 as —Italian Fascist “philosopher” Giovanni Gentile, The “the world’s most radical free market revolution”. Most state- Doctrine of Fascism, 1932. sector industries were privatised (82 per cent of which were snapped up by Business Roundtable members), as were es- 15 Oct.—The “Anglosphere” nations of Australia, Canada, sential services such as electricity, telecommunications, ed- New Zealand, the USA and the UK like to hold themselves ucation and healthcare; those not privatised outright were forth as champions of democracy and its attendant civil “corporatised”, and thereafter run on a for-profit basis. Mean- liberties. But in fact they have for many years been sliding while, all-powerful financial regulator the Reserve Bank of towards a system better described, in the original sense of the New Zealand, which had once played a key role in steering term, as fascism: a “corporatocracy” in which the authority the economy for the national interest, was made “indepen- of government serves private corporate interests ahead of the dent” of government control and mandated instead to en- Common Good. New Zealand has in many respects gone force the monetarist rules of London and Wall Street’s glo- farther
    [Show full text]
  • THE KIWI EFFECT What Britain Can Learn from New Zealand the KIWI EFFECT What Britain Can Learn from New Zealand
    THE KIWI EFFECT What Britain can learn from New Zealand THE KIWI EFFECT What Britain can learn from New Zealand Robert O'Quinn and Nigel Ashford Adam Smith Institute 1996 About the Authors. Robert O'Quinn is an economist and currently serves as the Policy Analyst for Economics and Trade in the Asian Studies Centre of the Heritage Foundation in Washington D.C.. Dr. Nigel Ashford is Principal Lecturer in Politics at the University of Staffordshire, England. Bibliographical information This edition first published in the UK in 1996 by ASI (Research) Ltd This edition © Adam Smith Research Trust 1996 All rights reserved. Apart from fair dealing for the purpose of private study, criticism or review, no part of this publication may be reproduced, stored in a retrieval system, or transmitted in any way or by any means, without the consent of the publisher. The views expressed in this publication are those of the author alone and do not necessarily reflect any views held by the publisher or copyright owner. They have been selected for their intellectual vigour and are presented as a contribution to public debate. ISBN 1 873712 73 1 Set in Palatino 12pt Printed in the UK by Imediacopy Ltd iv Contents Executive Summary 5 Comprehensive reform 5 No sacred cows 5 Civil service reform 6 Sound finances 6 Industrial relations 7 A laboratory for reform 7 Introduction 8 The burden of controls 8 Liberalization under Labour, and beyond 11 Trade liberalization 11 Financial liberalization 12 Unsubsidized agriculture 12 Industrial deregulation 12 Tax reform
    [Show full text]