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14 Human Rights and Children’s Rights in the Scottish Children’s Hearings System Kathleen Marshall Introduction This chapter discusses the challenges that one institution, the Scottish Children’s Hearings System, has faced and may face in the future as a result of the incorporation of the European Convention on Human Rights (ECHR) . . . Read more
15 Conclusions Andrew Lockyer, Malcolm Hill and Fred Stone The broader context to youth crime and children’s well-being In conclusion, we draw together the main themes that have emerged throughout this book. In this chapter, references to authors that are not followed by a date refer to earlier chapters. This . . . Read more
12 Children’s Justice: A View from America Donald N. Duquette Introduction The children’s justice systems of the United Kingdom and the United States of America evolved from common legal traditions and similar social philosophies. The first US juvenile court in 1899 rested upon a philosophy very familiar to the British: . . . Read more
13 Children’s Rights and Juvenile Justice David Archard Introduction What does fairness require of a juvenile justice system?1 And how are the requirements of justice to be squared with the according to children of rights? We can start to answer to these questions by acknowledging that children have, under the . . . Read more
10 The Scottish Children’s Hearings System: Thinking about Effectiveness Lorraine Waterhouse Any child welfare and youth justice system needs to be judged so far as possible by evidence about how well it is working and its impact. The Children’s Hearings System has come under increasing political scrutiny. How robust is . . . Read more
11 The Place of Lay Participation in Decision-making Barbara Reid and Ian Gillan In this chapter we examine the role of lay people in judicial decision-making about children and young people. Our focus in the first section is on the justification of lay decision-making in general and the forms it . . . Read more
9 Assessing How Well Systems Work: The Example of Scottish Children’s Hearings Sally Kuenssberg Introduction In their book on juvenile justice in Scotland published in 1998, Lockyer and Stone (1998) commented that the changes introduced in the Children (Scotland) Act 1995 had ‘a dual potential which will allow the core . . . Read more
8 Change, Evidence, Challenges: Youth Justice Developments in Scotland Bill Whyte Introduction Scotland has had a distinctive approach to youth justice for more than 30 years in the shape of its Children’s Hearings System, which attempts to integrate measures for protecting children and dealing with their criminal behaviour within a . . . Read more
1 Approaching Youth Crime through Welfare and Punishment: The Finnish Perspective Johanna Korpinen and Tarja Pösö Introduction In a recent legal article, Kimmo Nuotio (2004) noted that only a couple of years ago it would have seemed strange to use such a concept as youth criminal justice in Finland. Even . . . Read more
7 The Relationship between Youth Justice and Child Welfare in England and Wales Anthony Bottoms and Vicky Kemp Introduction In a recent analytical survey of youth justice in Great Britain, it was argued that ‘the differing structural relationship between what used to be called the “criminal” and the “care” jurisdictions . . . Read more