Youth justice models in theory and practice Eef Goedseels National Institute of Criminalistics and Criminology (NICC) Leuven Institute of Criminology (KULeuven – LINC) Content Brief presentation of PhD project Context and objective of the study Results of the literature review concerning youth justice models (Ethnographic study) PhD. Context of the study Debate on how juvenile delinquents must or can be best handled Differences between the North and South part of the country: initial starting point of the study Switch to core issue ’the judge’ 2006: Act reformed • Diverse underlying principles (elements of different youth justice models) • Not legislator, but ‘judge’ who defines the ultimate finality PhD. Research questions Which model(s) - or elements thereof - can be identified in the day-to-day practice of Belgian youth court judges? Specific research questions 1. 2. 3. 4. What are the main theoretical youth justice models? What do they represent? On the basis of which criteria can they be differentiated? Which model(s) - or elements thereof - can be identified in the current law? Which model(s) - or elements thereof - can be identified in the day-to-day practice of Belgian youth court judges? Are there elements - specific to the case, the judge and/or the context - related to the presence (dominance) of one or another model? PhD. Methodology Literature review In-depth study of legal framework Ethnographic study in four judicial districts, 10 judges, about 100 real cases. For each case: File study Observation in court room Interview with judge Study of (written) judgement data-triangulation General interview Qualitative research methods Judge as an actor, without losing sight of the wider – structural and cultural - context YJM. Literature review Process • Focus on authors who use a models ‘typology’ • Saturation point General overview • Traditionally, two youth justice models: welfare vs. justice model • Review: more differentiated picture Author Models Criteria Bazemore & Umbreit (1995, 2004) Individual treatment Retributive punishment Restorative accountability Welfare (treatment, social welfare, re-socialization) Justice Restorative Minimum intervention Neo-correctionalist Welfare Corporatism Modified Justice Justice Crime Control Messages of sanctions to the offender, the victim and the community Cavadino and Dignan (2006, 2007) Corrado et al (2007-2008, 2010) Mc Ara (2010) Maes (2005, 2009) Just deserts Welfare Restorative Actuarial Protectional Judicial Sanctional Restorative Muncie (1999, 2004, 2009) Welfare Justice (+ diversion) Diversion Custody (or authoritarianism) Risk management Pratt (1989) Welfare Justice Corporatism Reichel (2008) Welfare Legalistic Corporatism Participatory Retributive Rehabilitative Restorative (Security) Walgrave (1996, 2000, 2002) Winterdyk (2002) Welfare Corporate Justice Modified justice Crime control Participatory Philosophical assumptions Institutional arrangements Policies and processes General features Key personnel Key agency Justice system goal Understanding of client behaviour Purpose of intervention Objective Personhood Social relations Intervention Central Means Finality Victim’s position Judicial guarantees Duration of intervention Causes of offending Purpose of intervention Key agency Key personnel Key characteristics Objectives Characteristics Key personnel Key agency Tasks Understanding of client behaviour Purpose of intervention Objectives Key personnel Use of formal process Prime objective Reference Means Objectives Victim’s position Criteria of evaluation Societal context General features Key personnel Key agency Tasks Understanding of client behaviour Purpose of intervention Objectives Use of YJM Comparative research (models as ‘conceptual tools’) Historical perspective Empirical research Normative-theoretical perspective Sense or non-sense of YJM (1) Models as ‘conceptual tools’: accuracy and applicability? Models in a more ‘normative’ debate • Models offer ‘menus’, but each situation demands an ‘à la carte’ approach (pragmatic approach) >< • Fundamental approach: a model is needed as a starting point for the coherency / legitimacy of a system Sense or non-sense of YJM (2) PhD study Not a normative perspective Models as ‘conceptual tools’ • To describe and analyse the Belgian youth justice system (legislation and day-to-day practice) • Assumption: realty is an amalgam of elements from different paradigms, but theoretical models will make it possible – in line with Cavadino & Dignan (2006) – to gain an insight into the ‘balance of influences’ Five key YJM Difficulties • Different names (f.ex justice model vs. retributive model) • Different meanings • No clear description Five key models • • • • • Welfare model Retributive model (or justice model) Restorative model Sanction model (or modified justice model) Risk management model (or actuarial model) YJM. Four types of criteria Few authors explain choice or criteria themselves Four groups of criteria (inspired by Cavadino & Dignan, 2006) • Underlying philosophical assumptions • Process characteristics Legal safeguards Parties involved • Institutional or system characteristics • Societal characteristics => Own typology on the basis of the completed metaanalysis Welfare model Perception of criminality Responsibility Purpose intervention of General objective Nature of the process Duration intervention Sanction model Risk management model Breach of the law Choice, free will Related to risk factors Responsible for the offence and consequences Passive responsibility (taking punishment) Action that inflicts damage upon others Conflict Responsible for the offence and consequences Actively (learn to) take up responsibility Responsible for the offence and consequences Actively (learn to) take up responsibility Dubious Offence Damage / harm Offence Risks Retribution Deterrence Confirmation of the rule Moral disapproval Moral reform Respond to individual Restoration of a moral needs / legal balance Restoration of the harm caused (Reconciliation) Confirmation of the rule Moral disapproval Moral reform Restoration of a social balance Restoration of the legal balance Neutralisation Deterrence Supervision / control Therapy Treatment … Crime prevention Public safety Crime prevention Informal, flexible procedures Crime prevention Formal procedures Crime prevention Informal, extrajudicial and voluntary processes Crime prevention Formal procedures, but certain degree of informality Fixed, determinate Flexible, to be mutually agreed Fixed, determinate In proportion to the harm caused Symptom of personal, Breach of the law social factors Choice, free will Not responsible for the offence, responsible for the consequences Passive responsibility (just cooperate) (reference Offender Main focus point) of Retributive / justice Restorative model model the Treatment, (re)education Help Protection (of juvenile) the Indeterminate (until objective has been achieved) Proportionality In proportion to individual needs In proportion to the offence Key professional Youth experts Judges Lawyers Source of information Social / medical reports Police reports / charges Law Various types of extrajudicial, administrative or civil procedures (quick and efficient) Indeterminate (until risk is over) In proportion to the In proportion to the offence (~ background (estimated) risk / context of offender) Moderators, mediators Youth court judges Judicial experts Youth lawyers Youth experts Perception / significance of parties involved Police reports / charges Law + (limited) reports Risk assessment Ethnographic study Selection and development of key concepts or topics • Inspired by literature review • Criteria relevant for day-to-day practice • Basis for the development of the observation scheme, the topic list for the interviews, the ‘grille d’analyse’ Collection of data completed in two Flemish districts Analysis • Data are being analysed case by case, judge by judge, district by district • Aim Description of the model(s) – or elements thereof - that can be found in the daily practice of Belgian youth court judges (if it has a sense to speak in terms of models at all?!) Examination if there are some regularities that can be identified Thank you for your attention! For more information Eef.Goedseels@law.kuleuven.be Eef.goedseels@just.fgov.be 15