Juvenile Justice case study PDF

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case study on treatment of juveniles...

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The role of a responsible adult in juvenile justice matters is crucial. Often youth feel intimidated and harassed by police officers and are extremely vulnerable in these situations. It is up to the responsible adult to reassure the young person and to provide them with support and protect them. They are to remind them of their rights and that they do not have to answer any questions. They are also there to stop the youth incriminating themselves by giving in to police intimidation and making a false admission. Officer Jones shouting “just admit you did it Millie and you’ll get off lightly with a youth conference” creates a situation that invokes fear within the youth and can cause them to admit to something they did not do as they believe they will be punished anyway and the Officer is offering a lighter sentence. This can be seen as harassment towards the child as the Officer is pressuring for an answer, hence, why a responsible adult is necessary to help and protect the young person. The concept of due process is that each and every person will be treated fairly through the judicial system and that legal proceedings will follow the rules and procedures strictly to ensure fair treatment. In Millie's situation, Officer Jones began the interrogating and questioning before her requested responsible adult was present, this is not allowed. All persons under 18 years of age must have an independent adult to support them and help them understand what is happening (Legal Aid 2011). It is also unclear if Millie was arrested or just taken to the station for questioning. The latter of those is not allowed. A youth has to be arrested to be taken to the police station. If they are wanted for questioning, an appointment can be made for another time. It is also recommended to police officers by the Royal Commission into Aboriginal Deaths in Custody that arrest should be a last resort, especially for Aboriginal juveniles, and should use cautions or summons. Even though this has been recommended, Indigenous juveniles are still arrested more often than non-Aboriginal kids (Australian Human Rights Commission 2001). This raises the question of racism and whether Millie was arrested due to her being Aboriginal. As the support worker I can make sure that the arrested youth is completely aware and understanding of their rights and I can protect them from harassment and any unnecessary intimidation during the questioning process. I can ensure fair treatment to the best of my ability and ensure that the correct procedures are followed. I am there to make the young person feel safe and supported while still finding out the truth of what happened in a fair manner. I would also find out more information about what is happening as I have been told very little about Millie's case. The police can keep Millie locked up for up to four hours while investigating the crime and then they need to make a decision. Their options are to release her if she is innocent or to

charge her with committing the crime and will then need to decide whether to grant her bail until the court date. They could choose to lock her up until the court date or give her bail which is a promise she has to sign that says she will be present at court. If charged, Millie's life will change forever as she will have a criminal record and could potentially end up in a juvenile detention centre.

References Australian Human Rights Commission, 2001. Policing Juveniles consistently with the UN Convention on the Rights of the Child, https://www.humanrights.gov.au/publications/policingjuveniles-consistently-un-convention-rights-child Legal Aid, 2011. Under 18's - rights in custody, https://www.legalaid.nsw.gov.au/publications/factsheets-and-resources/burn-movie/under-18srights-in-custody...