ATS1282 Lecture Notes - Lecture 6: Young Offenders Act, Restorative Justice, Westernization
26 Oct 2018
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Legal universalism > international laws approved by individual countries. Legal pluralism > existence of 2+ legal systems in one place/country. Usually customary (informal) and colonial (formal) law e. g. australian and aboriginal law systems. Restorative justice > empowers the victim and allows them to decide consequences, victims can talk with the offender. Customary justice > indigenous methods of reconciliation, includes significant customary actors and traditions, currently being operationalised in australia and other western cultures. Created by the magistrates court act, 1989. Branch of magistrates court for less serious offences. Includes 2 indigenous elders to provide community knowledge/context as well as promoting shame. Designed to address historic tension between courts and indigenous people and direct them away from cjs. Results: good at diverting over-represented people away from cjs, more community based orders. Created by southern australian young offenders act (1993) No limit to offences: includes sexual assault crimes. Has some success: sexual assault conference was successful, intra-familiar sexual abuse conference was not.
