Identify And Describe One Core Piece Of Australian Legislation - Essay Example

Legislation, social workers and impact of their interaction on law with reference to Young Offenders Act, 1994 of South Australia

The worlds over the legislations mirror the changes taking place in society. The society as a localized community has its own intricate structure comprising of complex polity, history, social values and problems which is reflected in its structure of family units, inter-personal behavior at micro as well as macro level. Law concerns itself with the delinquent behavior of individuals defining social, financial and moral crimes and deterrent for such crimes. However, delinquents show a universal human behavioral pattern. This is one of the prime reasons why the theory of crime and criminal justice system are in universal nature propounding the same principles. However, as a part of social engineering, the theories of law change according to circumstances and change in the perception of people towards delinquents. (Rawls, John. 1971)

• Common Law Jurisdictions

Traditionally, in common law jurisdictions, the criminal justice system which is fair adversarial process, has focused on legal definitions of crime with an emphasis on the evidence on the violations of statutes by an individual and committing crimes and offending such laws. It advocates increase in the terms of imprisonment and enhanced punishment as a deterrent to such offending activities and crime.

• Changes by Restorative Justice

Current political processes are focusing on criminal activity and threat to community safety in ways that divide communities and encourage the exclusion of some members. (Strang, H. and Braithwaite, J., Eds. 2001) These excluded members are persons who indulge in criminal activities and delinquent behavior. (Gumz, E. 2004))

In recent times, there has been a shift in approach towards criminal justice system

increasing number of countries which agree that a restorative approach towards criminal justice system would ensure decrease in societal disorders and crime rate. A restorative model of justice is one in which crime is defined as a violation or harm to people and relationships. (Zehr, H. 1997) In practical terms it means that the offenders should experience and recognize the harm done by them and victims should be able to express their feelings as receiver of such crimes. Therefore, restorative Justice does not focus on evidence, intent, definitions, emphasis on crime but focuses on recognizing victims and their needs once a crime has been committed.

Although there is a variety of Restorative Justice approaches being implemented throughout the world, common elements include the bringing together of offender, victim, support people for each of them and representatives of the broader community.( McDonald, J. and Moore, D. B. 2001) In such a system, in a meeting/conference between the victim and the offender, all the communication channels are exploited and their feelings of being victimized and feeling of acknowledgement of guilt/wrong doing and regret is brought out.

It would apparent from such a process of such conferences, where Restorative Justice draw both victim, offender and community representative centrally into developing an appropriate response to the harm that has been caused, the interaction of law and social work practice attains prime importance. Apart from the fact that the he involvement of community is central to restorative justice theory, although often is lost or minimized in the implementation of restorative justice programs (Fields, B. A. 2003) the challenge of implementation of the process in the appropriate manner with the help of the community service and social worker presents.