소년범죄에 대한 뉴질랜드의 가족단위협의회

• 영문명: Family Group Conferences with Juvenile Offenders in New Zealand: Critical Perspectives on Contemporary Policy and Practice
• 발행기관: 한국피해자학회
• 저자명: 조지 모소라키스(Mousourakis, George) 김희균(역)
• 간행물 정보: 『피해자학연구』제14권 제2호, 1~56쪽, 전체 55쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.12.31

영문 초록

Introduced by the Children, Young Persons and their Families Act 1989 (CYPFA), the Family Group Conference has become a key element in New Zealand’s youth justice regime. The Family Group Conference was designed as a means of moving decision-making power away from welfare authorities and the judicial system and to reposition it with the persons most directly affected: the young person, his or her parents and extended family and the victim or victims of the offence. The Family Group Conference model represents a shift from linear decision-making, where decisions are made by judges or officials and handed down to those affected by them, towards circular or consensus decision-making where decisions are made by those affected by consensus after full and free discussion. The advantage of consensus decision-making is that different points of view must be accommodated and the participants must work together to reach a solution that is acceptable to all. It has the added advantage that the persons with the greatest interest in the outcome, the young offender and the victim, are part of the decision-making process. This paper analyses the function of the Family Group Conference in relation to the broader restorative justice philosophy and assesses the role of the Family Group Conference in addressing problems associated with juvenile offending in New Zealand today.

목차

서론: 회복적 사법과 뉴질랜드의 가족단위협의회

가족단위협의회의 운영

가족단위협의회의 소집

가족단위협의회에의 참여

가족단위협의회의 절차

가족단위협의회의 결정사항의 이행

가족단위협의회의 성과 분석

가해자와 가족단위협의회

피해자와 가족단위협의회

가족과 가족단위협의회

가족단위협의회와 기타 전문가들

청소년사법담당관

가해자 측 변호인

청소년보호담당관과 사회복지사

결론

Abstract

Operation of the Family Group Conference

Convening a Family Group Conference

Attendance at a Family Group Conference

Procedure at a Family Group Conference

Implementation of Family Group Conference Decisions

Assessing the Effects of Family Group Conferencing

Young Persons and the Family Group Conference

Victims and the Family Group Conference

The Family and the Family Group Conference

Legal Actors and Professionals in the Family Group Conference

The Youth Justice Coordinator

The Counsel for the Young Person

The Youth Aid Officer and the Social Worker

Conclusion

키워드

Restorative Justice and Family Group Conferencing in New Zealand