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This book reflects multidisciplinary and cross-jurisdictional
analysis of issues surrounding Fetal Alcohol Spectrum Disorders
(FASD) and the criminal justice system, and the impact on
Aboriginal children, young people, and their families. This book
provides the first comprehensive and multidisciplinary account of
FASD and its implications for the criminal justice system - from
prevalence and diagnosis to sentencing and culturally secure
training for custodial officers. Situated within a 'decolonising'
approach, the authors explore the potential for increased diversion
into Aboriginal community-managed, on-country programmes, enabled
through innovation at the point of first contact with the police,
and non-adversarial, needs-focussed courts. Bringing together
advanced thinking in criminology, Aboriginal justice issues, law,
paediatrics, social work, and Indigenous mental health and
well-being, the book is grounded in research undertaken in
Australia, Canada, and New Zealand. The authors argue for the
radical recalibration of both theory and practice around diversion,
intervention, and the role of courts to significantly lower rates
of incarceration; that Aboriginal communities and families are best
placed to construct the social and cultural scaffolding around
vulnerable youth that could prevent damaging contact with the
mainstream justice system; and that early diagnosis and assessment
of FASD may make a crucial difference to the life chances of
Aboriginal youth and their families. Exploring how, far from
providing solutions to FASD, the mainstream criminal justice system
increases the likelihood of adverse outcomes for children with FASD
and their families, this innovative book will be of great value to
researchers and students worldwide interested in criminal and
social justice, criminology, youth justice, social work, and
education.
This book reflects multidisciplinary and cross-jurisdictional
analysis of issues surrounding Fetal Alcohol Spectrum Disorders
(FASD) and the criminal justice system, and the impact on
Aboriginal children, young people, and their families. This book
provides the first comprehensive and multidisciplinary account of
FASD and its implications for the criminal justice system - from
prevalence and diagnosis to sentencing and culturally secure
training for custodial officers. Situated within a 'decolonising'
approach, the authors explore the potential for increased diversion
into Aboriginal community-managed, on-country programmes, enabled
through innovation at the point of first contact with the police,
and non-adversarial, needs-focussed courts. Bringing together
advanced thinking in criminology, Aboriginal justice issues, law,
paediatrics, social work, and Indigenous mental health and
well-being, the book is grounded in research undertaken in
Australia, Canada, and New Zealand. The authors argue for the
radical recalibration of both theory and practice around diversion,
intervention, and the role of courts to significantly lower rates
of incarceration; that Aboriginal communities and families are best
placed to construct the social and cultural scaffolding around
vulnerable youth that could prevent damaging contact with the
mainstream justice system; and that early diagnosis and assessment
of FASD may make a crucial difference to the life chances of
Aboriginal youth and their families. Exploring how, far from
providing solutions to FASD, the mainstream criminal justice system
increases the likelihood of adverse outcomes for children with FASD
and their families, this innovative book will be of great value to
researchers and students worldwide interested in criminal and
social justice, criminology, youth justice, social work, and
education.
Like medicine, law is replete with axioms of prevention.
'Prevention is better than cure' has a long pedigree in both
fields. 17th century jurist Sir Edward Coke observed that
'preventing justice excelleth punishing justice'. A century later,
Sir William Blackstone similarly stated that 'preventive justice is
...preferable in all respects to punishing justice'. This book
evaluates the feasibility and legitimacy of state attempts to
regulate prevention. Though prevention may be desirable as a matter
of policy, questions are inevitably raised as to its limits and
legitimacy, specifically, how society reconciles the desirability
of averting risks of future harm with respect for the rule of law,
procedural fairness and human rights. While these are not new
questions for legal scholars, they have been brought into sharper
relief in policy and academic circles in the wake of the September
11 terrorist attacks. Over the past 15 years, a body of legal
scholarship has tracked the intensified preventive focus of
anti-terrorism law and policy, observing how this focus has
impacted negatively upon traditional legal frameworks. However,
preventive law and policy in other contexts, such as environmental
protection, mental health, immigration and corruption has not
received sustained focus. This book extends that body of
scholarship, through use of case studies from these diverse
regulatory settings, in order to examine and critique the
principles, policies and paradoxes of preventive justice. "Whereas
earlier scholars looked upon preventive justice as a source and
means of regulation, the powerfully argued contributions to this
volume provide forceful reasons to consider whether we would do
better talk about regulating preventive justice." Professor Lucia
Zedner, Oxford University
Like medicine, law is replete with axioms of prevention.
'Prevention is better than cure' has a long pedigree in both
fields. 17th century jurist Sir Edward Coke observed that
'preventing justice excelleth punishing justice'. A century later,
Sir William Blackstone similarly stated that 'preventive justice is
...preferable in all respects to punishing justice'. This book
evaluates the feasibility and legitimacy of state attempts to
regulate prevention. Though prevention may be desirable as a matter
of policy, questions are inevitably raised as to its limits and
legitimacy, specifically, how society reconciles the desirability
of averting risks of future harm with respect for the rule of law,
procedural fairness and human rights. While these are not new
questions for legal scholars, they have been brought into sharper
relief in policy and academic circles in the wake of the September
11 terrorist attacks. Over the past 15 years, a body of legal
scholarship has tracked the intensified preventive focus of
anti-terrorism law and policy, observing how this focus has
impacted negatively upon traditional legal frameworks. However,
preventive law and policy in other contexts, such as environmental
protection, mental health, immigration and corruption has not
received sustained focus. This book extends that body of
scholarship, through use of case studies from these diverse
regulatory settings, in order to examine and critique the
principles, policies and paradoxes of preventive justice. "Whereas
earlier scholars looked upon preventive justice as a source and
means of regulation, the powerfully argued contributions to this
volume provide forceful reasons to consider whether we would do
better talk about regulating preventive justice." Professor Lucia
Zedner, Oxford University
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