In Search of Court Culture: Explaining Juvenile Detention Rates in Three Australian States.

This paper reports findings from a study that seeks to explain differences in detention rates between children's courts in three Australian states (Tasmania, Victoria and New South Wales), primarily through observing sentencing hearings. The paper has five sections. It starts by critically reviewing studies that seek to explain statistical variation through interviewing practitioners (for example, Eisenstein et al 1988, Ulmer 1997, Kupchik 2006). The second section describes how I came to pursue a comparative study of children's courts in three Australian states using ethnographic methods. One objective of the project was to explain the much lower rate of juvenile detentions in Victoria. Does this demonstrate a more lenient response to youth offending, or just that Victoria has less crime? The paper argues that, even if more statistical information was available, it could not provide a definitive answer. The third section of the paper demonstrates, through comparing cases with similar features, and examining transcripts from hearings, that Victoria is more tolerant. Using ethnographic data, the fourth section suggests there may also be significant differences within states, both between metropolitan and country courts, and also between individual practitioners. The fifth section considers the explanatory value of the term court culture in explaining variation. It is suggested that there are a wide variety of values and approaches in these Australian courts. Magistrates work in a collegial environment, and make decisions independently, much like university lecturers when marking essays. The paper argues that courts change slowly over time, often in a liberal direction as new magistrates are appointed. The role of campaigners and researchers should be to encourage reflection on sentencing practices. It would not be desirable to monitor judicial work more closely, through publishing comparative statistics. References Eisenstein, J., Flemming, R. and Nardulli, P. 1988 The Contours of Justice: Communities and Their Courts. Little Brown, Boston. Kupchik, A. 2006 Judging Juveniles: Prosecuting Adolescents in Adult and Juvenile Court. New York University Press, New York. Ulmer, J. 1997 Social Worlds of Sentencing: Court Communities Under Sentencing Guidlines. State University of New York Press, Albany. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]