Different but equal: Exploring potential catalysts of disparity in remand decision-making in the youth court (Record no. 521647)

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fixed length control field 02078nam a22001577a 4500
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fixed length control field 230221b ||||| |||| 00| 0 eng d
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Den, Brink, Yannick Van
245 ## - TITLE STATEMENT
Title Different but equal: Exploring potential catalysts of disparity in remand decision-making in the youth court
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT)
Place of publication, distribution, etc Social and Legal Studies
300 ## - PHYSICAL DESCRIPTION
Extent 31(3), Jun, 2022: 477-500
520 ## - SUMMARY, ETC.
Summary, etc The disproportionate use of remand detention (i.e. pre-trial detention) for vulnerable and marginalized youth is an issue of concern globally and demographic disparities in youth remand decision outcomes have been found in many jurisdictions, including England and the Netherlands. This article aims to explore and identify potential catalysts of disparity in the collective process of remand decision-making in youth courts. Drawing from Ulmer’s ‘inhabited institutions’ perspective, and the related ‘court community model’ and ‘focal concerns model’, and empirical findings from research in Dutch and English youth remand courts, this article suggests that several distinctive mechanisms and features of the youth remand decision-making process might function as catalysts of disparity. The findings indicate that the focus on ‘risk’ and ‘welfare needs’, the distinctive context defined by time constraints, limited information, shortages of readily available services, interdependency and interdisciplinary, and high stakes, combined with the profoundly human nature of courtroom workgroup decision-making, make the remand decision-making process in youth courts particularly prone to producing unwarranted disparities. Ultimately, informed by the theoretical perspectives and empirical findings, the article provides insights into how and why disparities might occur in youth remand decisions and offers suggestions for policy, practice and future research. – Reproduced
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element Disproportionally, Disparities, Remaind, Pre-trial detention, Youth court, Youth justice.
9 (RLIN) 35741
773 ## - HOST ITEM ENTRY
Main entry heading Social and Legal Studies
906 ## - LOCAL DATA ELEMENT F, LDF (RLIN)
Subject DIP YOUTH
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Item type Articles

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