Dissertations / Theses on the topic 'Juvenile Justice Act in Queensland'

This research utilised a range of deterministic and stochastic analyses to establish whether Queensland's juvenile justice system processes Aboriginal and non-Aboriginal young male offenders differently. The impetus for this research stemmed from the continued high rates of Aboriginal over-representation within Australia's criminal justice system, despite diversionary measures to reduce such over-representation, and a commitment by the Queensland Government to reduce by 50% the number of Aboriginal peoples in custody by the year 2011. There are two competing hypotheses concerning the cause of this over-representation, (i) external factors such as socioeconomic disadvantage, unemployment or substance abuse, or (ii) systemic disparity within the criminal justice system. For this research, disparity is defined as the unacceptable use of discrimination; discrimination can be appropriate if it is used to define or enhance a situation, such as discriminating between offenders who are recidivists and those who are first time offenders. The inappropriate use of discrimination occurs for example, when harsher sentences are issued to offenders based on non-legal factors such as race or gender. Systemic disparity is therefore used here to represent the inappropriate use of discrimination against an offender by the criminal justice system. The second hypothesis, one of systemic disparity, provided the framework for this research, which posed the following primary question: Is there quantifiable evidence to support the existence of disparity acting against young male Aboriginal offenders within Queensland's juvenile justice system? Two separate but complementary studies were designed to address this issue: the pathways study and the trajectory study. The pathways study utilised 20,648 finalised appearances for Aboriginal and non-Aboriginal young male offenders in Queensland's juvenile courts, during 1999 to 2003. Three custodial decision-making stages (police custody, remand, and sentencing) were examined and two questions initially posed: Does the custodial decision made at one stage of the juvenile justice system impact on a subsequent custodial decision-making stage? Does criminal history, Aboriginal status, offence type or an interaction of these factors significantly influence the probability of (i) detention in police custody (ii) court remand (iii) a custodial order at sentencing? It was recognised that other legally relevant factors such as family structure and stability, school attendance and community ties might also influence these custodial decisions; however, for the purposes of this research it was not possible to include these variables in the analyses. Controlling for criminal history, findings from logistic regression analyses indicated that being detained in police custody increased the odds of being remanded into custody, and being remanded into custody increased the odds of a custodial order. Whilst Aboriginal status was not a consistent factor at any of these three custodial stages, there was clear evidence of disparity acting against the young male Aboriginal offender, particularly early in their criminal career. To examine these disparities further, these three custodial stages were modeled as eight processing pathways: four of which resulted in a custodial order and four in a noncustodial order. Using this processing model, a third question was posed: Do young Aboriginal and non-Aboriginal male offenders have different custodial pathways? Findings indicated that Aboriginal and non-Aboriginal young male offenders were in general, processed along similar custodial pathways that did not include police custody, remand or a custodial order. However, young male Aboriginal offenders were less likely than equivalent non-Aboriginal offenders to have been processed along this pathway and more likely to be processed along the pathways that included remand. It was found that young offenders with a chronic criminal history were more likely to be processed along these remand pathways, and Aboriginal offenders were more likely to have a chronic criminal history than non-Aboriginal offenders; there was clear evidence of disparity at specific custodial stages of the system. In addition, as young male Aboriginal offenders progressed deeper into the system there was evidence of cumulative disparity, particularly along the remand pathways, meaning that the probability of being in custody increases as the offender progresses from one custodial stage to the next custodial stage. Given the existence of disparity, acting within the juvenile justice system and against the young male Aboriginal offender, it was important to formulate viable solutions to such disparity, particularly in light of the Queensland government's commitment to reduce Aboriginal offenders in custody by 50%. Deterministic analyses and computer simulations were used to test the viability of various reduction scenarios suggested by the data. Despite in some instances, different results from the deterministic analyses and the computer simulations, overall findings indicated that to reduce custodial disparity whether at the remand stage, the custodial order stage, or in custody overall (the summation of police custody, remand and custodial orders) that reducing remand, regardless of whether the young offender had been in police custody or not, was the best overall solution. The trajectory study built on the findings of the pathways study, which had identified criminal history as an important factor in the processing pathways of young male Aboriginal and non-Aboriginal offenders. Using the semi-parametric group based method, the criminal trajectories of Aboriginal and non-Aboriginal young male offenders in Queensland were modeled. These trajectories were based on the finalised appearances of two cohorts of young offenders aged 10 to 17 years of age: those born in 1983 and 1984 and who had turned 18 years of age in 2001 and 2002 respectively. All of these young male offenders had entered the adult system when they turned 17 years of age, and this data provided their complete juvenile history in Queensland. Prior analyses using this method had not considered Aboriginal status or race as a determining factor in these trajectory models, nor had these models been validated either internally or externally in published works. For this research, internal validity was considered as the correct classification of offenders into trajectory groups, and external validity as the ability to reproduce these results in a second or subsequent sample of juvenile offenders. Two questions were therefore posed in the trajectory study: Do young Aboriginal and non-Aboriginal male offenders have different criminal trajectories? Can the predicted model(s) be validated, both internally and externally? Initial findings indicated that the optimal trajectory models selected on prior knowledge and the Bayesian Information Criterion did not validate internally. This finding brought into question the trajectory results of other published works that had not internally validated their models. The models finally selected as optimal indicated that Aboriginal and non-Aboriginal young male offenders did not have a common criminal trajectory and could not be modeled as one population. Both Aboriginal and non-Aboriginal young offenders were modeled by a low-frequency group, a late-onset group, and a chronic trajectory group. However, the young male Aboriginal offender was more likely than the non-Aboriginal to have been in the chronic or the late onset group and less likely to have been in the lowfrequency group. External validation utilised an innovative but simple method that utilised all of the data in the modeling process along with a sample of this same data for validation purposes: 10% of the criminal profiles, which were characteristic of the trajectory groups, and a further 5% of randomly selected profiles were chosen for validation. All of the characteristic profiles, but only 50% of the randomly selected profiles were validated, and of the latter, the majority not validated was in the late-onset group. In total, 79.2% of the Aboriginal trajectories and 85.6% of the non-Aboriginal criminal trajectories were correctly externally validated. Overall, there are two important implications from this research for government. First, even though young male Aboriginal offenders are more likely to have a chronic criminal history than non-Aboriginal offenders, this factor does not account for all of the observed disparity acting against the young Aboriginal offender within Queensland's juvenile justice system: there is evidence of disparity within the system that is unaccounted for by either offence type or criminal history. Second, given this chronic criminal history, systemic solutions to systemic disparity whilst viable, will not ultimately resolve this problem: they are only short-term measures at the end of a very long justice system. Longer-term solutions are needed to address external factors such as socio-economic disadvantage, unemployment and substance abuse in Aboriginal communities, before these young people are exposed to the system. Continuing to concentrate on systemic solutions, to such an entrenched problem as Aboriginal overrepresentation and disparity, is a misdirection of system resources and is inconsistent with social justice.

This thesis employs a broad evaluative framework to examine the impact of the Youth Justice Service (YJS) on the post-intervention offending behaviour of young people on community-based court orders. The YJS is a Queensland government policy initiative that aims to monitor compliance with community-based court orders, and identify and address causes of criminal behaviour. The evaluative framework views policy, implementation and impact as distinct but related dimensions of intervention. Reflecting this framework, three primary research questions are addressed: (1) Does the YJS concept represent a goal-directed, theoretically-informed, executable and assessable juvenile crime prevention policy?, (2) Is the YJS concept realised through service delivery?, and (3) What is the effect of the YJS on future offending behaviour? Three studies, employing qualitative and quantitative methods, examined these questions. Study one examined the YJS concept, drawing on some key themes from literature on policy development and implementation, developmental and life-course criminology and developmental crime prevention. This study synthesised key policy and procedure documents around six themes, including (1) rationale, (2) goals, (3) theory, (4) service delivery model, (5) method of operation, and (6) key performance indicators. Findings indicated that the YJS concept represents only marginal adjustments from the traditional Area Office (AO) model of service delivery, and integrates few new preventative mechanisms that would foreseeably lead to change at the operational level. Moreover, it suffers from goal ambiguity, fails to incorporate some key components of best-practice crime prevention that have proven successful when working with at-risk young people, lacks sufficient process-level specificity to ensure treatment fidelity, and places heightened importance on measuring impacts that have political value rather than benefits for the clients. In the second study, an in-depth case study of the Logan Area Youth Justice Service (LAYJS) was conducted to explore how the YJS operated in reality, and as compared with the policy directive. Information was drawn from a variety of sources including interviews with staff and clients, policy and procedure documents, direct observation, case management files and staff-researcher interaction. Evidence suggested that the LAYJS was focused primarily on ensuring compliance with court orders. Several organisational factors, such as staff workloads, the statutory basis for monitoring compliance, and the capacities of staff, have meant that comparatively little attention has been directed at addressing offending behaviour. For the most part, the LAYJS employs an individualised case management process, as distinct from the collaborative, team-based model that is prescribed in the YJS concept. Caseworkers have little faith in their ability to bring about positive behavioural change in their clients, and subsequently transferred the responsibility for intervention outcomes to the client. While acknowledging the importance of families in preventing offending, caseworkers emphasised that a number of organisational tensions have prevented them from engaging families in the case management process. The final study examined the impact of the YJS on post-intervention offending, controlling for developmental risk factors and key features of the intervention process. A random sample (N=190) of clients from three YJS offices and three AOs was drawn from the population of clients who had active community-based court orders between June 1999 and December 2002. Information from Department of Communities' case management files and rearrest data from the Queensland Police Service were entered into a purpose-designed database, and analysed using bivariate and multivariate methods including logistic regression and survival analysis. High proportions of missing data on non-statutory variables suggested poor record management practices, or alternatively that operational staff do not understand the role of developmental risk and/or protective factors and social contexts in preventing offending behaviour. Results indicated that the YJS was no better than the AO at preventing recidivism, as measured at 18-months post-intervention, even after controlling for risk factors that were significantly related to recidivism. The analyses found that some unmeasured variation in service delivery, even within service types, did impact upon recidivism, supporting the hypotheses of the first study and the contention that variation in intervention practice can influence offending behaviour. The likelihood of recidivism was increased if the client was using drugs or was influenced by delinquent peers, and decreased if he stayed in school until years 11 or 12, or where caseworkers addressed familial problems. This provides some sense of programs that may be appropriate for young offenders in the context of a community-based program. It also highlights the critical importance of incorporating families into case management, not only for the purpose of providing information, but also as viable targets of intervention. Survival analyses indicated that the YJS might have had some temporary deterrent effect, although this effect had dissipated by 18-months post-intervention. This result may reflect the increased focus on ensuring compliance with court orders as found in the LAYJS case study. However, given the hypothesis that the lack of process direction will result in variable practices across offices, it cannot be assumed that all YJSs place equal importance on compliance. Overall, findings suggest that the promise that the YJS would provide an innovative model of service delivery and generate improved outcomes for young offenders has not been realised. This research has added further weight to the perspective that examines both the individual and combined impact of theory, policy and implementation for measuring client outcomes. Deficits in any of these components ultimately have a ripple effect, making it difficult to achieve the predetermined goals of the policy at the operational level.

This thesis attempts to explain changes in juvenile court reasoning from ‘personal’ to ‘social’ goals of justice. The introduction of social reasoning into juvenile justice has resulted in legal reform practices which circumscribe the domain of decentralized community youth services, increase the dependency and surveillance of deviant youth, result in harsher measures of punishment, and generally widen the network of social control through the law. The shift from the treatment intervention focus of the Juvenile Delinquents Act to the deterrence and punishment focus of the Young Offenders Act is maintained by incarcerations and a ‘downward’ sliding tariff of dispositions. The new social control administration formally enters the previously informal social control networks of family, community, and peer relations. Social change options through the law are increasingly centralized in the courts (where youth are concerned) at the expense of the law's potential for mediating decentralized collective change. The new form of social reasoning by which law reform occurs is explicated in order to critique its application for the current legislation and to explore possible use of collective change processes through law. I describe ‘social’ reasoning as a form of interpretive syllogism with the goal of social good satisfied through individual justice, in contrast to ‘personal’ reasoning which involves the individual's best interests as a good in itself. Social reasoning, as currently applied in the YOA, utilizes neoclassical rationality and sociological theories that relate actions to a presumed balance of diverse and competing social interests. My own understanding of the impact of Court interpretations of the YOA are based on in-depth interviews with 10 Youth Court judges in the Vancouver area. I analyze the legislative construction and judicial implementation of the YOA as reflecting a political strategy linked to and grounded in the knowledge relations of experts. Strategies for discipline are consonant with the rationalized practices of social science knowledge, located both in science (the medical model) and in law (sociological jurisprudence). The research findings suggest that ‘social’ reasoning, which is narrowly centered on legal problems arising from the behaviour of juveniles, pursues forms of crime control directly related to the needs of capital. The YOA is thus viewed as a new discourse (based on power and knowledge relationships) that aims to widen state-social control. Given the relatively narrow jurisprudential horizons of both the legislators who framed the YOA and the judges who apply it, the potential of law for effecting social change is curtailed. I conclude my analysis by suggesting a culturally reflexive approach in which legal reasoning, by a process of reconstructing the interpretive syllogism of law to include commonsense practical reasoning, could become more conducive to community change.
Arts, Faculty of
Sociology, Department of
Graduate

The Child Justice Act 75 of 2008 has brought about some new elements in the South African Criminal Justice system in cases involving children in conflict with the law. The changes require that children in conflict with the law should be treated differently from adult accused persons. The Act is now regarded as a Criminal Procedure for children in conflict with the law. In other words the emphasis is on ensuring that children are diverted away from the formal Criminal Justice provided that children acknowledge responsibility. One of the elements that is introduced by the Act is the Preliminary Inquiry that is an informal, pre- trial procedure that must be held in respect of every child that is alleged to have committed an offence. The role of the Presiding Judicial Officer is very active during this stage because he is the one that takes charge of the proceedings and the role of the Prosecutor and the Legal Representative is very minimal. The purpose of the Preliminary Inquiry is in the main to determine whether a child in conflict with the law could be diverted if the provisions of section 52 (1) of the Act are complied with. Preliminary Inquiry if properly used will have possible benefits for the South African Criminal Justice system in that cases involving children will be timeously be finalised and the turn around time for criminal cases in general will possibly improve. Same will translate in the confidence of the citizens being improved in the Justice system. The second element that is introduced by the Act is formalised diversion into the Criminal Justice System. Diversion had for a number of years before the coming into operation of the Child Justice Act been used in South Africa but it was informal. The diversion that is envisaged by the Act is restorative in nature in that the Act seeks to involve the child offender, the victim, the community members to collectively identify and address harms, needs and obligations through accepting responsibility, making restitution, taking measures to prevent recurrence of the incident and promoting reconciliation. Restorative Justice is not a new invention in the South African legal system it is a return to traditional patterns of dealing with conflict and crime that had been present in different cultures throughout human history. Restorative Justice has been understood as Ubuntu in the African context. The Truth and Reconciliation Commission demonstrated the benefits of restorative justice in dealing with conflicts that had a potential of setting the country alight. Restorative Justice has evolved in South Africa throughout different historical epochs up to the current legal conjuncture. It has now been endorsed with success in precedent setting cases in the High Courts of the Republic and the Child Justice Act has now fully institutionalised it into the Criminal Justice system. One hopes that it will be extended beyond cases involving children in conflict with the law but to adult accused persons. Various pieces of legislation attempt to endorse the principles of restorative justice but are not as comprehensive as the Child Justice Act. There are 4 instances where a matter may be diverted in terms of the Act: (i) By a Prosecutor in terms of section 41; (ii) Diversion at Preliminary inquiry; (iii) Diversion before the closure of state case at trial; (iv) At any time during trial but before judgement. There are 2 diversion options that are provided by the Act that is level one diversion option in respect of schedule 1 offences and level 2 diversion options in respect of schedule 2 and 3 which are much more serious. The Act further entrenches Family Group Conference as well as Victim Offender Mediation which are restorative justice mechanisms. The legal consequences of diversion are that when the child has successfully complied is equivalent to an acquittal. The last element is the multi sectoral approach to crime fighting in that all role players should work together in dispensing justice to children in conflict with the law. The days of working in silos are now over because everybody has a role to play and there has to be collaboration at all levels. The Act entrenches the public private partnerships particularly in helping to rehabilitate and reintegrate children to society. The Act provides for the establishment of One Stop Child Justice Centres. The purpose is to promote cooperation between government departments, non governmental organisations and civil society to ensure integrated and holistic approach in the implementation of the Act. The Act further provides for the development of the National Policy Framework by the Departments of Justice and Constitutional Development, Social Development, Correctional Services, South African Police Services, Education and Health within 2 months of the commencement of the Act. The purpose is to ensure uniform, coordinated and cooperative approach by all government departments, organs of state and institutions in dealing with matters of child justice and enhance service delivery. This study seeks to examine the innovations brought about by the Child Justice Act into the South African Criminal Justice System. The study further explores the possible benefits that may accrue to the Criminal Justice System because of Preliminary Inquiry, Restorative Justice and the Multi Sectoral Approach to crime.

Act 33 of 1995 is an amendment to Pennsylvania's Juvenile Act (2008). This amendment changed jurisdictional boundaries for juvenile offenders who committed violent crimes with weapons. As a result, youth who committed violent crimes with weapons were automatically transferred to the adult criminal justice system. Using punctuated equilibrium as the theoretical foundation, the purpose of this study was to determine if Act 33, as a punctuating event, resulted in an increase in the number of youth transferred to the adult criminal justice system and sentenced to life without the possibility of parole in an urban county in Pennsylvania. Secondary data (N = 143) were acquired from the Pennsylvania Department of Corrections on juveniles sentenced to life without the possibility of parole in Pennsylvania pre and post Act 33. Chi-square test with 2-way contingency table analysis was used to analyze the data. Results did not indicate a statistically significant association between the numbers of juveniles transferred to the adult criminal justice system and sentenced to life without the possibility of parole and the implementation of Pennsylvania of Act 33. The positive social change implications of this study include recommendations to the Pennsylvania legislators to increase state funds in order to implement service integration for juvenile lifers returning to the community.

The youth justice family group conference (FGC) is a statutory decision making process whereby the young person, their family/whanau, state officials and the victim of the offence come together to decide on a response to offending by that young person. The FGC is an integral part of the youth justice system, involving thousands of young people and their families each year. There is a considerable amount of literature available on the youth justice FGC, most notably in regard to the purported restorative justice nature of the process. However, for a legal process which involves so many young people on a daily basis, there is little information available on the due process rights of young people in the FGC. This thesis seeks to remedy this gap in the research knowledge. Firstly, this thesis establishes the theoretical framework for the rights of the young person in the youth justice system. The historical context and theoretical justification for these rights is considered, and the benchmarks for rights coming from international and national human rights standards are identified. A key theoretical issue is the application of rights to the FGC. It is argued that although the FGC differs in format from the adversarial criminal process, it remains a state process involved in resolving a breach of the criminal law, and thus the young person's rights should be safeguarded. Secondly, this thesis evaluates legislation, policy and practice relating to the rights of the young person in the FGC. Three key areas of rights are considered: legal assistance, how the offence is proved, and outcomes of the FGC. Reference is made to practice examples derived from observation of the FGC in two centres in New Zealand. Finally, as the FGC is certain to remain an integral part of the youth justice system, recommendations are made as to how legislation and practice could be improved to better safeguard the rights of young people in this process.

This thesis compares how Indigenous offenders are sentenced in Canada and Australia. In Canada, judges must give particular attention to the circumstances of Indigenous offenders. However, in Australia there is no such statutory requirement. Indeed, the High Court of Australia has queried whether such a requirement – at state level – would be consistent with the Racial Discrimination Act 1975 (Cth). The thesis argues that the Queensland legislature could pass such a sentencing law and that it would be consistent with the Racial Discrimination Act 1975 (Cth).

Dissertação de Mestrado em Política Social
A delinquência enquanto fenómeno, não só social mas também político, atualmente suscita preocupação nas comunidades, desencadeando uma reação formal por parte do Estado Português dando origem a uma intervenção, que pela via do Direito se aplica aos menores que cometem atos puníveis pela lei criminal e equiparados a crime cometidos por adultos. Na sequência de uma prática de cerca de 15 anos e quase outro tanto de apelos a mudanças legislativas a esse respeito, através da Lei n.º4/2015 de 15 de janeiro, procedeu-se à primeira alteração à Lei Tutelar Educativa (Lei n.º 166/99, de 14 de setembro), que enquadra a política perante a conduta de jovens com idade entre os 12 e 16 anos de facto qualificado pela lei como crime. Este estudo consiste em avaliar a alteração à Lei Tutelar Educativa, enquanto opção legislativa e tomada de posição em matéria de política criminal juvenil, através dos discursos dos/das magistrados/as do Ministério Público e magistrados/as judiciais, por se constituírem como os principais intervenientes na interpretação e aplicação da lei. Através de uma pesquisa qualitativa analítica, define-se por objetivo compreender a avaliação da lei do ponto de vista dos magistrados, considerando as seguintes dimensões: Dimensão Cognitiva da delinquência juvenil, Dimensão Estratégica, na avaliação das alterações mais significativas na LTE, e Práticas de Intervenção (Guerra, 2006), onde avaliam as diferenças e as continuidades na sequência da alteração legislativa.
The (Revised) Educational Guardianship Act: Critical Analysis from Magistrates point of view Delinquency as a phenomenon, not only social but also political, currently of concern in the community, triggering a formal reaction from the Portuguese State giving rise to an intervention, by way of law applies to minors who commit acts punishable by criminal law and treated as crime committed by adults. Following a practice of about 15 years and almost as much appeals to legislative changes in this respect by Law n. No. 4/2015 of 15 January, proceeded to the first amendment to the Educational Guardianship Act (Law n. No. 166/99 of 14 September), which falls within the policy before the conduct of young people aged between 12 and 16 years in fact qualified by law as a crime. This study is to evaluate the change to the Educational Guardianship Law, as a legislative option and taking position on juvenile criminal policy through the speeches of / the judiciary / the prosecutors and judges / judicial, for they constitute as the main stakeholders in interpreting and applying the law. Through an analytical qualitative research, defined by objective to understand the assessment of the law from the point of view of judges considering the following dimensions: cognitive dimension of juvenile delinquency, Strategic Dimension, the evaluation of the most significant changes in LTE, and Practices intervention (Guerra, 2006), which evaluate the differences and continuities following the legislative amendment.
N/A

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Conselho Nacional de Desenvolvimento Científico e Tecnológico
From notions of criminal law by act and criminal law by author, we analysed some theoretical perspectives in the juvenile justice field, using it to articulate the concept of responsibility, which is associated with guilt, in a the legal field and crime theory. Some authors, who support a guarantor perspective, use this notion as a fundamental element to be included in juvenile justice system, which marks the passage from guardianship system to comprehensive integral protection paradigm. Protection system used as the main instrument of "irregular situation" condition, which enables the exercise of a criminal law by author. Integral Protection paradigm is based on the principles of the International Convention on the Rights of Childhood, offering adolescents, who infract, fundamental rights and guarantees which wasn t previously recognized, and according to them, consequently framed to justice under juvenile criminal law by act. In this study, we analysed how, beyond these distinctions, both legal frameworks of juvenile justice and its implementation, are part of a hybrid system, where we can find a coexistence of both models of criminal law by act and criminal law by author. Based on the role of law from Michel Foucault studies, we articulate the conditions of possibility of a criminal law by act with the regime of sovereignty. On the other hand, relate or direct criminal right from disciplinary mechanisms, Correctional Techniques, construction of the criminal, and pathologizing respective normalization techniques. And also, contemporary connotations from the techniques of biopower, which proposes new normalization forms supported by notions of danger and risk. Under these enunciations, we analysed the implication of risk and danger to liability, concluding that in our current political context such notions are articulated in the liability trial. Diagnosing it as dangerous collaborates in risk production strategies and functional mechanisms of biopolitics. We point important reflexions to be taken into account in relation to the subject, particularly in the case of adolescence
A partir das noções de direito penal de ato e de direito penal de autor são analisadas algumas perspectivas teóricas no campo da justiça juvenil, utilizando como conceito articulador a noção de responsabilidade, que é associada à culpabilidade, no âmbito jurídico, da teoria do delito. Alguns autores, a favor de uma perspectiva garantista, entendem a responsabilidade como elemento fundamental que marca a passagem do Sistema Tutelar ao paradigma Proteção Integral no sistema de justiça juvenil. O Sistema Tutelar que utilizou como principal instrumento a condição de "situação irregular", estaria mais articulado ao exercício de um direito penal de autor. Já no paradigma de Proteção Integral, baseado nos princípios da Convenção Internacional sobre os Direitos da Criança, em que os adolescentes autores de ato infracional gozam de direitos e garantias fundamentais, antigamente não reconhecidos, estaríamos mais próximos de um direito penal de ato. Analisamos como, para além destas distinções, tanto os marcos jurídicos da justiça juvenil, quanto a sua implementação, inscrevem-se num sistema híbrido, onde constatamos uma coexistência de ambos modelos do direito penal, de ato e de autor. Com base no papel do direito à luz dos escritos de Michel Foucault, articulamos as condições de possibilidade de um direito penal de ato com o regime de soberania. De outro lado, relacionamos o direito penal de autor aos mecanismos disciplinares, às técnicas penitenciárias, à construção do delinquente, sua patologizaçao e aos mecanismos de normalização. E suas conotações contemporâneas a partir das técnicas do biopoder, que propõem novas formas de normalização apoiadas em noções de periculosidade e risco. Com base nestas articulações analisamos as noções de risco e periculosidade concluindo que, em nosso contexto político atual tais noções são articuladas no juízo de responsabilidade. E os diagnósticos de periculosidade colaboram nas estratégias de produção de risco, funcionais aos mecanismos da biopolítica. Apontamos no final alguns cuidados levados em consideração no que diz respeito à temática, em particular no caso da adolescência

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Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES
This dissertation had as its objective verify whether the adolescents submitted to the institutionalization measures in Goiânia, Goiás – Brazil, were guaranteed their right to the adversarial principle and full defense in their trials. The empirical field of this investigation consisted of the analysis of cases filed between the periods of 2014 to 2016, and the observation of hearings carried out in the infractions court of Child and Youth Court of Goiânia, GO and interviews with public defenders. The Federal Constitution of 1988, the Child and Adolescent Statute, Criminal Code, Criminal Procedure and Civil Procedure Codes were used as the main legal references for this study. As theoretical support, Emílio G. Mendez, Pierre Bourdieu and Loïc Wacquant were also used. These references were useful in the understanding of the infraction persecution dynamics operationalized by the security and justice system of the State. As well as that, the understanding of the socio-juridical paradigm in force at each moment of history that justified the penalization of children and adolescents; the concept of field as a social space in competition, subject to internal disputes hierarchically established by the monopoly of the significance of such space, and the intensification of punitive actions by the State allow the perception of the permanence of the irregular situation paradigm in the professionals’ performances and judicial decisions. Decisions marked by inequality between institutions that operate in the juvenile criminal justice system, facing the recent entry of the public defense counsel, not yet totally structured, in the game of signification and legitimation of a trial that is preponderantly inquisitive. It brings loss to the exercise of full defense of the adolescents accused of acts of infraction. Evidence of a mismatch is noticed between the advances in the children’s and adolescents’ acquisition of rights and guarantees and the criminal control operationalized by the juvenile criminal justice system of Goiânia / GO.
Essa dissertação teve como objetivo verificar se os adolescentes submetidos à medida de internação em Goiânia/Goiás tiveram garantidos o direito ao contraditório e a ampla defesa nos seus julgamentos. O campo empírico desta investigação consistiu na análise de processos arquivados entre os períodos de 2014 a 2016, da observação de audiências realizadas na vara de atos infracionais do Juizado da Infância e Juventude de Goiânia/GO e de entrevistas aos defensores públicos. A Constituição Federal de 1988, Estatuto da Criança e do Adolescente, Códigos Penal, de Processo Penal e de Processo Civil foram referência para este estudo. Como suportes teóricos foram utilizados, entre outros, Emílio G. Mendez, Pierre Bourdieu e Loïc Wacquant. Esses referenciais serviram de suporte para entender os diferentes paradigmas jurídicos que justificaram a aplicação de penalização de crianças e adolescentes no decorrer da história apresentados por Mendez: nas considerações para uma sociologia do campo jurídico deixadas por Pierre Bourdieu sobre a força do direito, enquanto instrumento de poder da reprodução social e, nas discussões apresentas por Wacquant acerca do controle social e do estado punitivo. Permitindo assim, perceber a permanência do paradigma da situação irregular na atuação dos profissionais e nas decisões judiciais; a desigualdade entre instituições que atuam no sistema de justiça penal juvenil, dada a recente entrada da Defensoria Pública ainda não totalmente estruturada, no jogo da significação e legitimação de um julgamento preponderantemente inquisitivo, ocasionando com isso, prejuízo ao exercício pleno da defesa dos(as) adolescentes acusados(as) de atos infracionais. Evidenciando um descompasso entre os avanços na conquista de direitos e garantias das crianças e adolescentes e o controle social operacionalizado pelo sistema de justiça penal juvenil de Goiânia/GO.

Australia ratified The United Nations Convention on the Rights of the Child (The Convention) in December 1990. In ratifying The Convention, Australian Governments undertook to implement each of the Articles of The Convention by examining current legal statutes and changing those statutes which the government considered were not in the interests of children. The process of implementation is further complicated by the fact that despite having certain rights, some children also breach the law and consequently come under the legal jurisdiction of juvenile justice. The main focus of the present study is the interface between children's rights and the implementation of the juvenile justice process.

In order to examine the interface between children's rights and juvenile justice, a policy analysis was undertaken which was specifically pertinent to the Queensland system and which compared the government's responsibilities under The Convention together with the proposed changes to the Juvenile Justice Act in Queensland. These proposed changes were analyzed for the implications which they had for the children themselves, the children's parents and the children's education.

Masters Coursework - Master of Clinical Psychology (MClinPsych)
Purpose: Reportedly, up to 92% of young people in custody worldwide have experienced some form of abuse or other adverse childhood traumatic experiences. Despite these bleak findings, family and childhood traumatic experiences have been linked to individuals experiencing both positive as well as negative outcomes. Method: Using Interpretative Phenomenological Analysis, this idiographic study sought positive and negative interpretations from seven males aged 18 to 21 years currently serving a custodial order at a Youth Justice Centre in Australia, who grew up with family trauma. Results: One superordinate theme, Transgenerational trauma: a curse and a possibility for growth; overarched four subordinate themes. Interpretative themes evoked the tragedy of youth incarceration, often a consequence of daily lives of anticipatory trauma and betrayal trauma in childhood for these participants, where unsafety, fear, and neglect permeated transgenerational patterns of trauma. Adolescent disregard, anger, and resentment toward authority was protective against childhood fear, guilt, and shame associated with childhood trauma. Ironically, incarceration provided opportunities to reflect on new ways of being in the world facilitating transformation of self-regard. Engaging in therapeutic unravelling of patterns of transgenerational trauma, these participants mused on letting go of anger, a determination to be a better parent, and acknowledged a need to break family cycle, rejecting addiction, poor choices, and child abuse in the next generation. Conclusion: New insight into the formation of pathways that perpetuate transgenerational trauma provided these participants opportunities for personal reconciliation and posttraumatic growth. Future trials of posttraumatic growth strategies in juvenile rehabilitation programs is recommended.

Objectif. Les jeunes crossover sont définis comme des adolescents qui sont à la fois victimes de maltraitance et délinquants juvéniles. L'objectif de ce mémoire est d’examiner les relations entre les paramètres de la maltraitance (ex., récurrence, sous-types et variété) et les paramètres de la délinquance juvénile (ex., précocité, volume, variété, gravité moyenne et présence de sous-types) vécus par les jeunes crossover. Méthodes. La source des données est constituée de rapports officiels pour tous les adolescents et adolescentes québécois qui ont plaidé coupables ou ont été reconnus coupables d'un crime entre le 1e janvier 2005 et le 31 décembre 2010. D'abord, un portrait des jeunes crossover québécois est dressé à l’aide de statistiques descriptives. Ensuite, des analyses multivariées sont utilisées pour déterminer si les paramètres de la maltraitance prédisent les différentes dimensions de la délinquance et pour examiner les différences selon le sexe. Résultats. La délinquance des jeunes crossover est plus importante que celle des délinquants non-maltraités. Les expériences différentielles de la maltraitance sont liées à des paramètres hétérogènes de la délinquance juvénile. La récurrence de la maltraitance est un prédicteur important des paramètres de la délinquance ultérieure. De plus, la maltraitance est particulièrement influente sur la délinquance des garçons. Implications. Les interventions au sein des systèmes de la protection de la jeunesse et de la justice juvénile doivent être adaptées afin d'identifier les jeunes à risque de délinquance grave, de cibler les dimensions spécifiques de la maltraitance et d’entraver leurs liens à la délinquance ultérieure. L'intervention doit être privilégiée pour les victimes de multiples incidents de maltraitance et pour les garçons victimes de maltraitance.
Objective. Crossover youth are defined as youth who are both victims of maltreatment and juvenile offenders. The objective of this thesis to shed light on the associations between the parameters of maltreatment (i.e., recurrence, subtypes and variety) and the parameters of juvenile delinquency (i.e., precocity, volume, variety, average severity and presence of subtypes) experienced by crossover youth. Methods. The data source is comprised of official records for the population of Quebec male and female adolescents that pled guilty or were convicted of a crime between January 1st 2005 and December 31st 2010. First, descriptive statistics are utilized to draw a portrait of crossover youth in Quebec. Second, multivariable analyses are used to determine whether the parameters of maltreatment predict different dimensions of delinquency and to examine possible sex differences. Findings. Crossover youth demonstrate more serious delinquency than non-maltreated offenders and differential exposure to maltreatment is linked to heterogeneous parameters of juvenile delinquency. The recurrence of maltreatment emerges as an important predictor of the parameters of subsequent offending. Moreover, maltreated boys demonstrated more problematic indicators of juvenile delinquency than maltreated girls. Implications. Interventions within the youth protection and juvenile justice systems should be tailored in order to identify youth at-risk for serious delinquency, to target specific dimensions of maltreatment and to potentially hamper their link to subsequent offending. Intervention should be privileged for victims of multiple incidents of maltreatment and for maltreated boys.

Ce mémoire de maîtrise cherche à jeter un regard approfondi sur les cas des jeunes contrevenants référés au processus de médiation à Trajet, un organisme de justice alternative à Montréal. Plus précisément, les objectifs sont de décrire les caractéristiques des cas référés, d’explorer leur relation avec la participation au processus de médiation et avec le résultat de celui-ci, et de comparer ces mêmes éléments en regard de deux périodes inclues dans le projet : celle où s’appliquait la Loi sur les jeunes contrevenants et celle où la Loi sur le système de justice pénale pour les adolescents assortie de l’Entente cadre sont entrés en vigueur. Des méthodes de recherche quantitatives ont été utilisées pour analyser les cas référés à Trajet sur une période de 10 ans (1999-2009). Des analyses descriptives ont permis d’établir les caractéristiques communes ou divergentes entre les cas référés à Trajet et ceux référés à d’autres programmes de médiation. Des analyses bi-variées ont révélé qu’une relation significative existait entre la participation au processus de médiation et l’âge et le sexe des contrevenants, le nombre de crimes commis par ceux-ci, le nombre de victimes impliquées, le type de victime, l’âge et le sexe des victimes et, le délai entre la commission du crime et le transfert du dossier à Trajet. La réalisation d’une régression logistique a révélé que trois caractéristiques prédisent de manière significative la participation à la médiation : l’âge des contrevenants, le nombre de victimes impliquées et le délai entre la commission du crime et le transfert du dossier à Trajet. La faible proportion d’échecs du processus de médiation a rendu inutile la réalisation d’analyses bi et multi-variées eu égard au résultat du processus de médiation. Des différences significatives ont été trouvées entre les cas référés en médiation sous la Loi sur les jeunes contrevenants et ceux référés sous la Loi sur le système de justice pénale pour les adolescents assortie à l’Entente cadre en ce qui a trait au type de crime, au nombre de délits commis, à l’existence d’une référence précédente à Trajet, aux raisons pour lesquelles la médiation n’a pas eu lieu, à la restitution sous toutes ces formes et, plus spécialement, la restitution financière. La participation à la médiation est apparue plus probable sous la LSJPA que sous la LJC. Des corrélations partielles ont montré que différentes caractéristiques étaient associées à la participation à la médiation dans les deux périodes en question. Seule une caractéristique, le sexe des victimes, s’est avérée reliée significativement à la participation à la médiation tant sous la LJC que sous la LSJPA. Les résultats de ce projet ont donné lieu à une connaissance plus approfondie des cas référés à Trajet pour un processus de médiation et à une exploration de l’impact que la LSJPA et l’Entente cadre sur ce processus. Toutefois, l’échantillon étant limité au cas traités à Trajet ne permet pas la généralisation de ces résultats à l’ensemble des cas référés aux organismes de justice alternative du Québec pour le processus de médiation.
This thesis provides an in-depth look at the cases of young offenders referred to Trajet, an organisme de justice alternative (OJA) in Montreal, for victim-offender mediation. More specifically, the objectives of this thesis are to describe the characteristics of these cases, to examine their relationship with participation in mediation and outcome, and to compare these same elements under the laws and processes in effect during the study time period (Young Offenders Act versus Youth Criminal Justice Act and Entente cadre). Quantitative research methods were used to analyse the cases referred to Trajet over a ten-year period (1999-2009). Descriptive analyses helped to determine how the cases resembled or distinguished themselves from those referred to other mediation programs. Bivariate analyses revealed that offender age, offender gender, offence number, victim number, victim type, victim age, victim gender and case referral delay were significantly correlated with participation in mediation. Logistic regression showed that offender age, victim number and referral delay were significant predictors of victim-offender participation in mediation. Unfortunately, it was not possible to explore characteristics related to mediation outcome through bivariate and multivariate analyses due to the small proportion of cases in which the outcome was unsuccessful. Significant differences were found in cases referred to victim-offender mediation after the implementation of the Youth Criminal Justice Act and the Entente Cadre regarding offence type, offence number, referral for prior offending, victim age, referral delay, reasons for which mediation did not occur, restitution terms and, more specifically, financial restitution. Participation in victim-offender mediation also differed significantly in that participation was more likely following the implementation of the YCJA/Entente Cadre. Partial correlations revealed that different case characteristics were associated with participation under the YOA and the YCJA/Entente cadre. Only one characteristic was significantly correlated with participation regardless of the law and processes in effect: victim gender. This in-depth look at the cases referred to Trajet for victim-offender mediation resulted in a better understanding of victim-offender mediation practice and of the impact of the YCJA/Entente cadre. However, because the sample of cases used was not representative, the results of this study cannot be generalised to the cases referred to all of Quebec’s OJAs for victim-offender mediation.

The abolition of corporal punishment in S v Williams and Others 1995 (3) SA 632 (CC) provided the state with the impetus to consider alternative sentencing options. Unsystematic efforts by the government to reform the juvenile justice system have failed abysmally. The government was forced to review its policies on juvenile sentencing. An examination of international trends reveals the imposition of stricter measures of punishment for serious and violent juvenile offenders. Community-based sentencing options are used mainly for first-time offenders. The focus has also shifted from punishment and retribution to prevention and treatment. It is advocated that serious and violent juvenile offenders be incarcerated in secure-care facilities and/or juvenile prisons and that community-based sentencing options be utilised for first-time offenders. The government should also design programmes that deal with situations that lead to crime and delinquency
Criminal & Procedural Law
LL.M. (Law)

Section 17(1) of the Animal Care and Protection Act 2001 (Qld) (‘ACPA’) provides that ‘[a] person in charge of an animal owes a duty of care to it’. Until the Northern Territory adopted that same expression in its Animal Welfare Act, the ACPA was the only animal protection statute in Australia that suggested that a nonhuman animal is owed a duty. What is at stake in this thesis is the contrasting of that legal duty, posited to derive legal justice, with Derridean justice that demands that a duty is owed to other beings. This research addresses the question: could s 17 of the Animal Care and Protection Act 2001 (Qld) represent a Derridean justice-based approach to animal protections? To address this question, this thesis develops a legal and contextual analysis of ACPA s 17. It also applies Derrida’s proposition of deconstructions to ferret-out how rationality, embedded in the metaphysics of presence, gets-to-work in law. The purpose is to test if ACPA s 17 delivers what it promises. This research examines whether ACPA s 17 provides any undoing of the Western inheritance, which through rationality justifies using, mistreating, and slaughtering nonhuman animals for human animal ends. Within this research, ACPA s 17 is examined in context to the Western cultural trace that Derrida described as a ‘culture of sacrifice’. Derrida’s lens offers a unique perspective since he provided a different accounting of beingness. That is one that breaks down human-animal difference. It enables contrasting of Western conceptions of duties and rights that continue to rely on rationality as bases for ‘ethics’. The deconstructive approach highlights our Western modes of thinking and reasoning that reinstitute that violent culture of sacrifice. This research offers: a rich discussion of relevant Derridean propositions; a contrasting of Anglo-American and Continental perspectives of what is thought to be owed to nonhuman animals, a survey of neurosciences to ascertain if Derrida’s propositions of beingness remain credible, and various approaches to legal contextualisation of ACPA s 17. The new knowledge developed in the research includes a rich legal characterisation of ACPA s 17. The research finds that, in contrast to existing commentary, ACPA s 17 is not an implementation of ‘negligence’, and neither could it be properly described as implementing a ‘guardianship’ model. It is a regulatory type offence that is constrained by many layers of anthropocentric law. Various problems that limit the effect of ACPA s 17 are highlighted. The research makes suggestions for law reform. The thesis finally brings together the traces gathered in the research, through a legal analysis, and a deconstructive reading, of a relevant appeal case. Unfortunately, ACPA s 17 does not institute a legal duty that is owed to nonhuman animals. Neither does it appear to be an opening toward Derridean justice.

The thesis focuses on the issue of sanctioning juveniles in the Czech Republic according to the Act No. 218/2003 Coll. on the criminal responsibility of juveniles and jurisdiction of juveniles (hereinafter referred to as the "Juvenile Justice Act"). The aim of the thesis is to analyze the Czech legal regulation of sanctioning juveniles, compare it with foreign legal regulations, evaluate the knowledge from application practice and find out the frequency of use of individual institutes with regard to the extent of application of restorative justice elements. It compares various periods of the development of legislation in this area in the Czech lands and focuses on circumstances and reasons for adopting the Juvenile Justice Act. It examines whether the system and types of sanctions, as well as other solutions to criminal matters of juveniles, which the legislator has regulated in Juvenile Justice Act, correspond to the needs of juveniles and whether it can truly represent an effective solution to their situation and at the same time effectively protect society. It analyzes in detail the various possible ways of responding to offenses committed by juveniles, critically evaluates them and compares them to responses to adult offenders. It also apprises readers of an analysis of the frequency of use of...

Le 1er avril 2003, l’entrée en vigueur de la Loi sur le système de justice pénale pour les adolescents (LSJPA) a fourni aux policiers canadiens de nouveaux outils pour procéder à des interventions non-judiciaires auprès d’adolescents contrevenants. Dorénavant, les policiers détiennent le pouvoir officiel d’imposer des mesures extrajudiciaires aux adolescents interpellés pour avoir commis des infractions plutôt que de procéder à leur arrestation formelle. La présente étude vise à déterminer quelles caractéristiques des adolescents et circonstances des infractions ont un impact significatif sur les décisions des policiers d’imposer ces mesures plutôt que de procéder à des arrestations. Les résultats sont basés sur trois échantillons de participations criminelles juvéniles enregistrées par un corps policier canadien entre 2003 et 2010: le premier composé d’infractions contre la personne (n= 3 482), le second, d’infractions contre la propriété (n= 8 230) et le troisième, d’autres crimes (n= 1 974). L’analyse de régression logistique multiniveaux a été utilisée pour déterminer les facteurs — tels que le sexe, l’âge et les contacts antérieurs avec la justice des adolescents ainsi que la localisation dans le temps et l’espace de l’infraction — ont un impact significatif sur le pouvoir discrétionnaire des policiers. Certains facteurs ont une influence universelle d’une catégorie de crime à l’autre, tandis que d’autres ont un impact spécifique selon le type d’infraction commise.
Since April 3rd 2003, the Youth Criminal Justice Act (YCJA) provides police officers with new tools to divert canadian juvenile offenders. Specifically, police officers can officially impose extrajudicial measures to juvenile delinquents instead of handing them directly to the justice system. The current study seeks to determine which characteristics of the offenders and circumstances of the offences significantly impact the decisions of officers to divert cases instead of sending them to the formal justice system. The results are based on three samples of juvenile offence participations recorded by a Canadian police force between 2003 and 2010: the first composed of violent offences (n= 3,482), the second, of proprety offences (n= 8,230) and the third, of other offences (n= 1,974). Multilevel logistic regression analyses were conducted to determine which factors - for example, gender, age, and criminal record of the offender as well as location in time and space of the offence - have a significant impact on police decision-making for each category of offence. Although some factors have similar significant impacts regardless of offence type, others have a differential influence depending on the type of crime that was committed.

 

Whilst policy formulation has been extensively studied and theorised in the literature, far less attention has been paid until fairly recently to the issue of policy implementation. For a long time it was more or less assumed that once policy was formulated, implementation was a relatively straightforward administrative matter. In the past twenty or thirty years, however, public administration scholars (such as Pressman and Wildavsky and, in the South African context, Brynard and de Coning) have devoted more attention to unravelling the complexities of policy implementation. The current study intends to apply these more theoretical approaches to an analysis of the implementation of the 1997 White Paper for Social Welfare with particular respect to children in conflict with the law, focusing specifically on the One Stop Child Justice Centre in Mangaung, Bloemfontein. Welfare Service in South Africa before 1994 had a racial bias with services mostly unavailable to the majority of the citizens of the country. The 1997 White Paper for Social Welfare, based on a developmental approach to social welfare, was designed to take the country in a new and inclusive direction. In line with South Africa&rsquo
s 1996 ratification of the UN Convention on the Rights of the Child, as well as other international instruments, Section 4 of Chapter 8 of the White Paper focuses on crime prevention through development and restorative justice, and recommends diversion wherever possible in the case of juveniles. With respect to Juvenile justice, this section of the White Paper makes provision for the establishment of One Stop Child Justice Centres, where a variety of services, from Social Development, the Department of Justice, the South African Police Services, Correctional Services, and the NPA, would be available to clients under one roof. All of these role players, it was envisaged, would operate as a multi-disciplinary team to achieve the objectives of the White Paper with respect to developmental and restorative forms of justice. The Centre at Mangaung is one of only a few centres to have been established as yet in South Africa. Although focusing in particular on the implementation of the 1997 White Paper, the study is also informed by other policy and legislative measures with respect to juvenile justice, in particular the Child Justice Bill of 2002 (now the Child Justice Act of 2008) and the Probation Services Amendment Act of 2002. It is generally accepted by the Government and its critics alike that the policy scene in South Africa in the period since 1994 has been characterized by good policies but poor execution. This is, however, a relatively untested hypothesis and needs further investigation. In the light of this, it is anticipated, that the present study will make a contribution to the literature on policy implementation in South Africa, as well as providing useful insights and lessons that can inform general government policy in this regard, and policy with respect to juvenile justice in particular. Within the general context of the 1997 White Paper for Social Welfare and the Department of Social Development&rsquo
s Integrated Service Delivery Model, and the specific context of the Mangaung One Stop Child Justice Centre, the overall purpose of the study is to scrutinize the apparent discontinuity between policy design on the one hand and policy implementation on the other. More specifically, though, the objectives of the study are: (i) to examine the content of the 1997 White Paper for Social Welfare in general and more specifically the section on children in conflict with the law, (ii) to provide a historical overview of the delivery of services to youth in conflict with the law prior to the first democratic elections (1994) in South Africa, (iii) to examine what the concept of &lsquo
integrated service delivery&rsquo
means to the different role-players at the One Stop Child Justice Centre, (iv) to examine the existing resources (human, financial and other) for successful implementation of the policy,(v) to examine whether there are procedures in place to encourage co-operation among stakeholders at the One Stop Child Justice Centre, (vi) to examine the successes, challenges and opportunities presented by the implementation of this policy at the One Stop Child Justice Centre and, (vii) to identify gaps between policy and implementation and make recommendations towards more successful implementation. Detailed semi-structured interviews were conducted with the Centre Manager and senior representatives of all the services involved (Social Development, the SAPS, Magistrates, the Probation Service, and Prosecutors). The interview questions focus mainly on implementation issues and challenges, but also gather information on the knowledge of the interviewees on the content of the policy. In addition, in order to validate and compare the data collected from these respondents, semi-structured interviews were held with six parents/guardians of children in conflict with the law who had been serviced by the centre. Official documents of the centre, such as annual reports, were also consulted for purposes of triangulation. Detailed transcripts will be made of all the interviews. In analysing the data, use was made in particular of the 5C Protocol advocated by Brynard and De Coning (2006) in their study of policy implementation in South Africa. The five C&rsquo
s include the Content of the policy, the Context in which the policy is implemented, Commitment from those implementing the policy, the role of Clients and Coalitions, and the Capacity of those tasked with implementing the policy. In addition other C&rsquo
s which have an impact on policy implementation (such as communication, co-ordination, and change management) will also be considered. Confidentiality of data gathered and anonymity of respondents were ensured by not requiring any personal details from the survey instruments. The sole purpose of using the data gathered for research was communicated to the respondents on the front page of the survey instruments. The choice of also not answering questions raised was respected.

La justice criminelle devrait être adaptée aux mineurs et répondre à leurs besoins spécifiques selon le droit international des droits de l’enfant. Or, ce mémoire démontre que les droits internationaux de l’enfant compris dans les traités et autres instruments de droit international ne sont pas respectés au Canada. Le non-respect des droits de l’enfant en matière de justice juvénile se traduit par une violation des protections internationales fondamentales contre la discrimination raciale. Afin d’étudier les répercussions de la violation des droits du mineur dans la justice criminelle sur les jeunes racialisés, l’auteure adopte un cadre théorique critique de la race. La loi canadienne sur le système de justice pénale (LSJPA) est évaluée à la lumière des instruments internationaux de protection des droits de la personne selon quatre thèmes, soit (1) l’accent de la justice juvénile canadienne mis sur la répression, (2) l’accès entravé aux mesures et sanctions extrajudiciaires, (3) l’emploi abusif du placement sous garde ainsi que (4) l’assujettissement à une peine adulte. Chacun de ces quatre thèmes aborde la question de la discrimination raciale telle que vécue par les Autochtones et jeunes d’appartenance aux minorités visibles.
According to Children’s international rights, the youth criminal justice system should be adapted to minors and address their special needs. However, this thesis examines the extend to which Canada does not fulfill its international obligations regarding international children’s rights in juvenile justice. Violation of these rights induce the infrigement of internationally recognized fundamental protections against racial discrimination. In order to analyse the consequences for racialized youth of such violation of international rights, the author applies a critical race theoretical frame. This thesis compares the Canadian Youth criminal justice Act (YCJA) with international human rights emanating from ratified treaties and other international agreements. The evaluation is divided among four themes : the emphasis of the present act on the repressive justice model, the impeded access to extrajudicial measures and sanctions, the abusive use of detention, and the transfer to adult court. Each of these four themes address questions of racial discrimination as lived by Aboriginal youth and visible minorities.

The aim of this exploratory study was to investigate the Western Cape Province's non-governmental child diversion programme compliance with the Minimum Programme Outcomes Standards developed by the Department of Social Development for programme accreditation. The Minimum Standards focus on optimal diversion outcomes for children in conflict with the law and were designed to ensure good diversion practice. The juvenile justice system has determined child diversion as a rehabilitative and cost-effective alternative justice option, positively contributing towards the curbing of re-offending among child offenders. The research process was guided by a mixed method approach and utilised a structured questionnaire as well as comments and information stated by the respondents during the interview process. The questionnaire was applied to a representative sample of non-governmental diversion programme facilitators of the various diversion programme types to determine the level of programme compliance and to evaluate the implications that the results might hold for programme participants, service providers, as well as for the accreditation process. The results of the study revealed a high level of Minimum Programme Outcomes Standards compliance, with an average of 83%. These results indicate that, in general, the programmes provided by non-governmental diversion service providers are complying with the Minimum Standards and are thereby ensuring good diversion practice. This should positively influence their eligibility for programme accreditation by the Department of Social Development. At the same time. the results of the study have pointed towards other challenges. which were evaluated and discussed.
Criminology
Criminology and Security Science
M.A. (Criminology)

This study aimed to explore and describe the role perceptions of social workers working with children who have been sentenced to compulsory residence due to being in conflict with the law. Exploratory, descriptive, and contextual research designs were applied in using a qualitative research approach. The researcher collected the data using semi-structured interviews with all the social workers working with children sentenced to compulsory residence at Bosasa Child & Youth Care Centres. The data analysis was done using the eight steps identified by Tesch (in Creswell, 2014:198). The data verification was accomplished using Guba’s model (in Krefting, 1990:214-220). The research study provided valuable conclusions and recommendations to different role-players who have an interest in the role of social workers working with children sentenced to compulsory residence. The findings indicated the importance of regular training for social workers who work with children sentenced to compulsory residence to help children to deal with risk factors that may increase the probability of offences occurring.
Social Work
M.A. (Social Science, Social Work)