Judging Parents: The Key Role Of Family In Police And Judicial Decision-Making In The Child Justice System

• In Event: Diversion, assessment and pre-trial decision making in juvenile justice systems

Abstract

Judgments about parents have long played a key role in police and judicial decision-making in the Irish child justice system. From subjective assessments about a child and their parents, where pre-1960 individual members of An Garda Síochána (Police) reported a yearly average of 42% of children who in their opinion that a “Lack Of Parental Control” was the main circumstance which contributed to their delinquency. Today, professional probation and other welfare reports play a crucial role in judicial sentencing, assessing family support and determining whether a child is capable of remaining in the community rather than face detention.

Therefore, this paper examines how parental involvement, or lack thereof, and judgments about it affect police discretion, judicial sentencing, and the implications it has for detention as a last resort approaches and the practice of the child as bearer of child rights. While considering family-based models is essential for crafting age-appropriate, individualised and specialised interventions, it also risks reinforcing systemic biases, disproportionately affecting children from disadvantaged backgrounds. Ireland has seen the significant decarceration of children. However, this decarceration has not been felt equally by all children.

Drawing from qualitative interviews with members of An Garda Síochána and the judiciary, as well as archival material and administrative data, this paper presents preliminary thematic findings from a broader PhD project. This socio-legal project explores the decision-making practices of Gardaí regarding the Garda Diversion Programme, and of judges regarding sentencing and detention orders, and how those processes relate with each other and with achieving detention as a last resort principles in practice. By highlighting the intersection of family and legal discretion, this paper contributes to the understanding of child justice outcomes and the challenges of ensuring equitable treatment for all children.

Author

• Áine Bernadette Mannion, University College Cork