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Immediate Sanctions
Immediate sanctions are basically diversion mechanisms that hold youth accountable for their actions by sanctioning behavior and in some cases securing services, but at the same time generally avoiding formal court processing. They are appropriate for most first-time misdemeanor offenders, many minor repeat offenders, and some nonviolent felons. The concept of diversion is based on the theory that processing certain youth through the juvenile justice system may do more harm than good (Lundman, 1993). The basis of the diversion argument is that courts may inadvertently stigmatize some youth for having committed relatively petty acts that might best be handled outside the formal system. It also may increase some risk factors for delinquent behavior such as delinquent peer associations. Finally, diversion is also designed to ameliorate the problem of overburdened juvenile courts and detention facilities so that they can focus on more serious offenders (Sheldon, 1999).
These types of sanctions generally adhere to restorative justice principles. The essence of restorative justice lies in the perspective that crime harms people, communities, and relationships. Consequently, if crime is about harm, then the justice process should emphasize repairing the harm (Bazemore et al., 2000). A restorative justice approach differs from the traditional juvenile justice system in the way it views and addresses crime. The traditional system focuses on the offender’s culpability and need for sanctioning and/or treatment. A restorative system takes a broader approach. Howard Zehr (1990) argues that in a restorative system three questions receive primary emphasis: What is the nature of the harm resulting from the crime? What needs to be done to repair the harm? Who is responsible for the repair? As a result, a restorative system places a greater emphasis on victims and views the offender as more than an object of punishment. Indeed, it holds the offender accountable for repairing the harm caused by the crime. (Bazemore et al., 2000).
While restorative justice is not a "program" in and of itself, it does offer an ideal model for dealing with first time and minor repeat offenders by providing a mechanism that holds youth accountable, but at the same time bypassing formal court proceedings. The restorative justice practices include but are not limited to victim–offender mediation, various community decision making and conferencing processes (for example, reparative boards, family group conferencing), restorative community service, restitution, victim and community impact statements, and victim awareness panels.
References
- Click here for 'IMMEDIATE SANCTIONS' References, and to browse other references.
Click one of the 'IMMEDIATE' programs below
Canberra Reintegrative Shaming Experiments
Albuquerque Victim–Offender Mediation Program
Minneapolis Center for Victim–Offender Mediation
Oakland Victim–Offender Reconciliation Program
Project Back-on-Track
Washington, DC, Restitution Program
Indianapolis Family Group Conferencing Experiment
Functional Family Therapy
Michigan State Diversion Project
Wraparound Milwaukee
Multisystemic Therapy (MST)
Girls Circle
Repeat Offender Prevention Program
Multidisciplinary Team Home Run Program
What's New?
New Resources Added to Immediate Sanctions Program Literature Reviews
Links
Global Youth Justice:
www.GlobalYouthJustice.org
National Criminal Justice Reference Service (NCJRS) Youth Courts Section:
http://www.ncjrs.gov/youthcourts
Restorative Justice Online:
www.restorativejustice.org
Publications
2012
Georgetown Center on Poverty, Inequality and Public Policy:
Improving the Juvenile Justice System for Girls: Lessons from the State
National Juvenile Justice Network:
The Truth About Consequences: Studies Point Toward Sparing Use of Formal Juvenile Justice System Processing and Incarceration
2011
Child Trends Results to Results Brief:
Multiple Responses, Promising Results - Evidence-Based, Nonpunitive Alternatives to Zero Tolerance
John Jay College of Criminal Justice, Research and Evaluation Center:
Resolution, Reinvestment, and Realignment: Three Strategies for Changing Juvenile Justice
OJJDP Bulletin:
Hot Spots of Juvenile Crime: Findings from Seattle
National Center for Juvenile Justice:
Juvenile Court Statistics 2008