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Nace Lvl 3 Legal Study

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Submitted By hak1
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Q1:1 A young person is those who is older than 14 but under 17 years old
An adult is those who is 17 or older. Any special protection for children and young people no longer apply. Any criminal offense will be dealt by the court. How old you are when the crime is committed, not how old you are when you're charge or first come to court.

Q1:2 The purpose of the separate judicial system for young people is to keep them out of the court and instead to offer them other ways to dealt with the offense.
Q1:3 the police can give: A warning, Formal police caution, youth aid, reparation to victim and/or other type of punishments.
Q2:1 The process of restorative justice necessitates a shift in responsibility for addressing crime. In a restorative justice process, the citizens who have been affected by a crime must take an active role in addressing that crime. Although law professionals may have secondary roles in facilitating the restorative justice process, it is the citizens who must take up the majority of the responsibility in healing the pains caused by crime.
Q2:2 The restorative justice is based on the theory of justice.
Q2:3 The main goal of a conference is to formulate a plan about how best to deal with the offending. There are three principal components to this process: * ascertaining whether or not the young person admits the offense - conferences only proceed if the young person does so or if the offense has been proved in the Youth Court; * sharing information among all the parties at the conference about the nature of the offense, the effects of the offense on the victims, the reasons for the offending, any prior offending by the young person, and so on; * deciding the outcome or recommendation.
The family group conference is a meeting between those entitled to attend, in a relatively informal setting. The room is usually arranged with comfortable chairs in a circle. When all are present, the meeting may open with a prayer or a blessing.
Q2:4 Family group conferences are made up of the young person who has committed the offense, members of his or her family and whoever the family invites, the victim(s) or their representative, a support person for the victim(s), a representative of the police, and the mediator or manager of the process. (The manager of the process is called a youth justice coordinator and is an employee of the Department of Social Welfare.) Sometimes a social worker and/or a lawyer is present.

Q2:5 Depending on the customs of those involved. The youth justice coordinator then welcomes the participants, introduces each of them, and describes the purposes of the meeting. What happens next can vary, but usually the police representative then reads out the summary of the offense. The young person is asked if he or she agrees that this is what happened and any variation is noted. If he or she does not agree, the meeting progresses no further and the police may consider referring the case to the Youth Court for a hearing. Assuming the young person agrees, the victim, or a spokesperson for the victim, is then usually asked to describe what the events meant for them. Next, a general discussion of the offense and the circumstances underlying it occurs. There can be a lot of emotion expressed at this point. It is at this point too that the young person and his or her family may express their remorse for what has happened and make an apology to the victim, although more often this occurs later on (and it does not happen at all). Once everybody has discussed what the offending has meant and options for making good the damage, the professionals and the victim leave the family and the young person to meet privately to discuss what plans and recommendation they wish to make to repair the damage and to prevent reoffending. The private family time can take as little as half an hour or much longer. When the family are ready, the others return and the meeting is reconvened. This is the point at which the young person and the family apologize to the victim. A spokesperson for the family outlines what they propose and all discuss the proposal. Once there is agreement among all present, the details are formally recorded and the conference concludes, with the sharing of food.
Q3 The strength is that it has a high rate of success. In New Zealand early research by Paterson and Harvey (1991) and the Mason Inquiry (1992) indicated that over 90% of FGCs reached agreement on plans to promote the welfare of children. Similar research in Melbourne, Australia (cited in Marsh and Crow, 1998) and New Foundland, Canada (Pennell and Burford, 1995) confirms these findings.
Q4:1 New Zealand criminal justice system is based on the restorative justice processes.
Q4:2 Police: The basic role of the Police in criminal cases is to investigate and gather evidence and to establish whether there is a case to be answered. Each case usually has an Officer in Charge
Prosecutor: A prosecutor is any person who appears in court and progresses a criminal case on behalf of the Government of New Zealand.
Defense lawyer or defense counsel: A defense lawyer (also called defense counsel) represents the defendant in court proceedings.
Duty Solicitor: A Duty Solicitor (also called a Duty Lawyer) is a lawyer on duty at the courts. They provide free legal help to people who have been charged with an offence and don’t have their own lawyer.
Judge: The judge presides over the trial proceedings, decides whether to convict or not (if not a jury trial) and passes sentence.
Jury: he jury is a group of 12 people chosen from the community to hear a trial and decide whether or not the defendant is guilty.
Offence victim: a victim is a person who has had an offence committed against them and who has suffered physical injury, or loss or damage to property as a result.
Offender: When an accused person admits or is found guilty of an offence, s/he is usually called the ‘offender’.
Victim Adviser: Victim Advisers are specialist staff employed by the Ministry of Justice to help victims.

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