Three Dogmas of Juvenile Justice

University of New South Wales Law Journal 35: 779-809, 2012

Posted: 14 Dec 2012

See all articles by Don Weatherburn

Don Weatherburn

Independent

Andrew McGrath

Charles Sturt University - School of Psychology

Lorana Bartels

Australian National University (ANU) - ANU Centre for Social Research and Methods

Date Written: 2012

Abstract

This paper argues that juvenile justice policy in Australia is dominated by three key dogmas: that contact with the court system increases the risk of further offending; that restorative justice is more effective than traditional justice in reducing the risk of further offending; and that juvenile involvement in crime is for the most part transient and self-limiting. Our review of the evidence challenges each of these assumptions. In particular, we present a ten-year reconviction follow-up for 8813 young NSW offenders who had their first known police caution, conference or proven court appearance in 1999. We consider the proportion of the cohort convicted of a further offence, the proportion that ends up in custody and the average number of further offences amongst those with at least one further conviction. Our findings are inconsistent with the notion that juvenile contact with the justice system is largely transient. We discuss ways in which juvenile justice policy might be reformed if the three dogmas were abandoned and closer attention paid to the evidence on what works in reducing the risk of juvenile reoffending.

Keywords: juveniles, policy, legislation, sentencing, recidivism

Suggested Citation

Weatherburn, Don and McGrath, Andrew and Bartels, Lorana, Three Dogmas of Juvenile Justice (2012). University of New South Wales Law Journal 35: 779-809, 2012, Available at SSRN: https://ssrn.com/abstract=2188755

Don Weatherburn

Independent

Andrew McGrath

Charles Sturt University - School of Psychology ( email )

Australia

Lorana Bartels (Contact Author)

Australian National University (ANU) - ANU Centre for Social Research and Methods ( email )

Beryl Rawson Building (13)
Canberra, ACT 0200
Australia

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