Journal articles on the topic 'Juvenile Justice Act in Queensland'

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1

Sudharshan, Vijay, and Darshan V. "Juvenile Justice Act - An Overview." International Journal of Trend in Scientific Research and Development Volume-2, Issue-5 (August 31, 2018): 1914–18. http://dx.doi.org/10.31142/ijtsrd18199.

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2

Healey, Edward V. "Senate Testimony on Juvenile Justice Act." Juvenile Justice 26, no. 2 (July 14, 2009): 59–63. http://dx.doi.org/10.1111/j.1755-6988.1975.tb01089.x.

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3

D'Angelo, Jill, and Michael P. Brown. "Missouri Juvenile Justice Reform Act of 1995." Criminal Justice Policy Review 19, no. 3 (September 2008): 314–32. http://dx.doi.org/10.1177/0887403408315580.

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4

Hil, Richard, and Leanne Roughley. "PUBLIC CONSULTATION AND JUVENILE JUSTICE REFORM: A QUEENSLAND CASE STUDY." Australian Journal of Social Issues 32, no. 1 (February 1997): 21–36. http://dx.doi.org/10.1002/j.1839-4655.1997.tb01290.x.

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5

YI, ZOONIL. "An Idea for the Constitutional Juvenile Justice System." Korean Constitutional Law Association 28, no. 3 (September 30, 2022): 191–235. http://dx.doi.org/10.35901/kjcl.2022.28.3.191.

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According to the Juvenile Act, which regulates the judicial system related to investigation, prosecution, or trial procedures targeting juvenile delinquency, ‘juvenile’ means a person under the age of 19, that is, a person of the age of 18 and lower. Since the Civil Act refers to a person of the age of 19 and higher as an ‘adult’ and a person under the age of 19 as a ‘minor’, a juvenile under the Juvenile Act and a minor under the Civil Act have the same meaning. Meanwhile, the Criminal Act stipulates that a person under the age of 14, that is, a person of the age of 13 and lower, is called a ‘criminal minor’ and should not be punished. The Juvenile Act categorizes ‘delinquent juveniles’ into criminal juveniles, juvenile delinquents, and juvenile at risk of committing a crime, and stipulates that only criminal juveniles can be subject to punishment or protective measures, while juvenile delinquents and juveniles at risk of committing a crime can only be subject to protective measures. There are 10 types of protective measures under the Juvenile Act, but it is argued that the upper limit of the age for juvenile delinquent between the ages of 10 and 13, to which only protective measures can be imposed, should be lowered to expand the scope of criminal juveniles subject to punishment. Similarly, it is argued that the related regulations should be repealed because protective measures are imposed only on the grounds of the risk of crime even though there is no fact of violating the Penal Code for juveniles between the ages of 10 and 18 who can be subject to protective measures. Legal issues related to juvenile delinquents should be discussed from the perspective of the principle of proportionality of responsibility and punishment, the duty to protect constitutional rights and the principle of prohibition of excessively deficient protection, and the principle of equality and proportionality. And legal issues related to juvenile at risk of committing a crime should be discussed in terms of the principle of clarity and equality.
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6

Kilkelly, Ursula. "The human rights act 1998: Juvenile justice implications." Child Care in Practice 6, no. 3 (July 2000): 279–87. http://dx.doi.org/10.1080/13575270008413215.

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7

O'Connor, Ian. "The new removals: Aboriginal youth in the Queensland juvenile justice system." International Social Work 37, no. 3 (July 1994): 197–212. http://dx.doi.org/10.1177/002087289403700302.

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8

Ferdousi, Nahid. "Comparing Reforms of Juvenile Justice in Bangladesh and Malaysia." Substantive Justice International Journal of Law 3, no. 1 (April 20, 2020): 15. http://dx.doi.org/10.33096/sjijl.v3i1.52.

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The article attempts to critically compare juvenile justice reforms in both jurisdictions of Bangladesh and Malaysia. It explores legal reforms in line with the international standards to ensure the effective juvenile justice system as well as child well-being in the respective legal systems. The juvenile justice practice of Bangladesh and Malaysia are a testament that diverse juvenile laws, norms and systems exist. After ratification of UNCRC, significant progress has been achieved in both countries. Malaysia adopted mechanisms for rehabilitation in terms of job-based education and alternatives measures by the Child Act 2001. Child-oriented justice and alternative measures have started with the commencement of Children Act 2013 in Bangladesh. For both countries, there is a need for establishing a child-friendly justice system, which would ensure sustainable juvenile justice.
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Saefudin, Wahyu, and Nasirudin Nasirudin. "IMPLEMENTATION OF RESTORATIVE JUSTICE BY PROBATION AND PAROLE OFFICERS IN INDONESIA." Journal of Correctional Issues 5, no. 1 (June 30, 2022): 1–11. http://dx.doi.org/10.52472/jci.v5i1.83.

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The cases enforcement of children in conflict with the law has shifted from retribution to restorative. This policy transformation was in line with the ratification of Act 11/2012 on the Juvenile Criminal Justice System, which replaced Act 3/1997 on Juvenile Court. This study aims to examine the role of community mentors in Indonesia, both before and after implementing the Juvenile Criminal Justice System Act. This study utilizes a qualitative approach through literature review with primary data originating from legislation, scientific journals, and books then studied systematically and described descriptively. The study results explain that probation and parole officers have a significant role in implementing restorative justice in Indonesia. This role has been proven to reduce the number of child criminals who must end up in prison. This study shows differences in the number of prison sentences for children before and after the enactment of the Juvenile Criminal Justice System Act. Probation and parole officers are at the forefront of implementing restorative justice in Indonesia through their duties and functions
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10

Morris, Allison, and Gabrielle M. Maxwell. "Juvenile Justice in New Zealand: a New Paradigm." Australian & New Zealand Journal of Criminology 26, no. 1 (March 1993): 72–90. http://dx.doi.org/10.1177/000486589302600108.

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This study describes the system of juvenile justice adopted in New Zealand under the Children, Young Persons and Their Families Act 1989. The Act sets out objectives and principles which stress a number of innovative features including the integration of a western and an indigenous approach; the empowerment of families and young people; the involvement of victims; and group consensus decision-making. The principal mechanism for achieving these objectives is the Family Group Conference which replaces or supplements the Youth Court as the principal decision-making forum in most of the more serious cases. Police involvement in decision-making is also increased by a greater emphasis on diversion and by their role in reaching agreements in the Family Group Conference. Research data are presented which enable an evaluation of the extent to which the Act is meeting its objectives. The tensions in the system are discussed: particularly the issue of victim involvement versus an offender focus and the conflict between accountability and welfare.
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11

Saeed, Muhammad Arif, Sara Amin, and Dr Muhammad Imran. "Juvenile Justice System Implications and Overview of Resolved Cases in Punjab, Pakistan." Journal of Law & Social Studies 4, no. 1 (March 31, 2022): 98–112. http://dx.doi.org/10.52279/jlss.04.01.98112.

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The juvenile justice system has been designed to protect the juveniles' rights to avoid sentencing like adults, especially the death sentences. The current study analyses the practical implication and overview of the resolved cases under the juvenile justice system Act 2018 and juvenile justice system ordinance 2000.It is qualitative exploratory research that goes through the content analysis of case laws based on the different crimes; having weapon, attempt to murder, possession of narcotics, rape cases, accused treatment as an adult offender, dispute of age and birth certification, dispute on sentencing the accused base on the age factor. It is found that in various cases, the juveniles have been released on bail after the approval of their age less than sixteen years. The study finds that the juvenile justice system Act 2018 and juvenile justice system ordinance 2000 are significant to protect the children's rights and prevent them from being addicted and professional criminals due to their physical and psychological protection from the jail environment. It concludes that such acts are necessary to providethe juveniles a platform to prove themselves innocent, indulging the age factor and preventing them from the evil influence of rigid and predetermined punishments of their intentional and unintentional committed crimes. The study suggests that policymakers consider the practical stances of the law implementation in the field before introducing the complete law at ground level. This research will be useful for the lawenforcing agencies, policymakers and academicians to have rich insight into the juvenile justice system Act 2018, Juvenile Justice System Ordinance 2000 and its practicality.
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12

McCarter, Susan, and Tierra Durant. "Disproportionate Minority Contact (DMC) to Racial and Ethnic Disparities (RED) in Juvenile Justice: What does it Mean and Does it Matter?" JoFSW 6, no. 1 (March 25, 2022): 57–76. http://dx.doi.org/10.15763/issn.1936-9298.2022.6.1.57-76.

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Youth of color have been overrepresented in the American juvenile justice system/juvenile court since its inception in 1899. Additionally, the court's philosophy has changed over time from a more informal and rehabilitative model to a more formal and punitive model. And minoritized and marginalized youth continue to experience disparate and more severe outcomes than their White counterparts; outcomes that cannot be explained by behavior/legal factors. Moreover, the nation's Juvenile Justice and Delinquency Prevention Act of 1974 was not reauthorized from 2008 to 2018. On December 21, 2018, the JJDPA was reauthorized as the Juvenile Justice Reform Act of 2018 (P.L. 115-385). This article documents racial and ethnic overrepresentation over time, examines the philosophy shifts in juvenile justice and DMC/RED policy changes including the progression from DMC to RED, and provides evidence-based recommendations to reduce RED for all social workers.
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13

Ijaz, Aqsa, Attia Madni, and Naureen Akhtar. "Implementation of Juvenile Justice System Act 2018: Prospects and Challenges for Pakistan." Review of Politics and Public Policy in Emerging Economies 3, no. 1 (June 30, 2021): 79–85. http://dx.doi.org/10.26710/rope.v3i1.1763.

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Purpose: This paper develops a framework for analyzing the practical implementation of Juvenile Justice System Act 2018, and bottlenecks which are being faced by the juvenile during the process of trial before the court of law. Few areas need to be examined while determining the practical implementation of this act, as its procedural requirements have not been yet followed in the field. This paper aims to identify those obstructions which are necessary to be dealt with iron hand in order to ensure the full implementation of the act. Design: Qualitative content analysis method has been used to analyze the various factors, which are responsible for the failure to implement the said act. Findings: Findings on the topic suggest that even at the stage of registration of first information report , the age of juvenile is neglected and loopholes continues till the conclusion of trial. The crux is that in order to avoid the exploitation of juvenile offender during trial, the Provincial and Federal Governments should play their role to ensure that procedural requirements are met as envisaged by the said act. Implications: The practical and firm implementation of Juvenile Justice System Act 2018, competent authorities and requisite institutions should realize their role.
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14

Agarwal, Deepshikha. "JUVENILE DELINQUENCY IN INDIA- LATEST TRENDS AND ENTAILING AMENDMENTS IN JUVENILE JUSTICE ACT." PEOPLE: International Journal of Social Sciences 3, no. 3 (February 3, 2018): 1365–83. http://dx.doi.org/10.20319/pijss.2018.33.13651383.

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15

Beger, Randall R. "Illinois Juvenile Justice: An Emerging Dual System." Crime & Delinquency 40, no. 1 (January 1994): 54–68. http://dx.doi.org/10.1177/0011128794040001004.

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Trial courts have inherent powers, including the authority to punish for contempt. Historically, contempt charges were limited to adults who understood the consequences of deliberately disregarding a court order or challenging the court's authority. Illinois juvenile court judges now use contempt power to force nondelinquent status offenders to comply with routine court directives, a practice having no legal or historical precedent and conflicting with the legislative intent of the Illinois Juvenile Court Act.
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16

Carrington, Peter, and Jennifer Schulenberg. "Introduction: The Youth Criminal Justice Act - A New Era in Canadian Juvenile Justice?" Canadian Journal of Criminology and Criminal Justice 46, no. 3 (April 2004): 219–24. http://dx.doi.org/10.3138/cjccj.46.3.219.

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17

Yulianto, Rama Fatahillah, and Ali Muhammad. "THE ROLE OF BAPAS IN THE IMPLEMENTATION OF THE CHILD CRIMINAL SYSTEM." Journal of Correctional Issues 4, no. 1 (June 30, 2021): 57–65. http://dx.doi.org/10.52472/jci.v4i1.58.

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The role of the Fathers, LPKA and LPAS in the Juvenile Criminal Justice System since the enactment of the Juvenile Criminal Justice System Act is getting bigger and more important this is because the Correctional Center (BAPAS) through the Community Counselor (PK) has had to work since the pre-adjudication stage, this is shown through the implementation of assistance by the Community Advisor (PK) since the child is reported to have committed a crime and this is regulated in the Child Criminal Justice System Act, then the Community Advisor based on the mandate of this Law is also to immediately conduct Community Research (Litmas) within a period of 1 x 24 hours as a basis for investigators to decide whether a child will be resolved through a litigation process or a non-litigation process and the role of the Fathers continues to be carried out at the adjudication stage to post-adjudication. This role reflects that currently Correctional Services through the Correctional Technical Implementing Unit as stipulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System have been carried out since the beginning of the criminal justice system process and are no longer relevant if correctional is in the criminal justice system. This child is positioned to be the final part of the juvenile criminal justice system. This study uses a research method with a statutory approach (statue approach), a conceptual approach (conceptual approach) by examining each norm that regulates the role of the Fathers in each article in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and linking these norms with the concept of and the level of implementation of the Juvenile Criminal Justice System Act (Alam & Purwati, 2016).
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18

Singh, Vanshika. "Role of Juvenile Justice System in India." Journal of Legal Subjects, no. 25 (September 3, 2022): 1–4. http://dx.doi.org/10.55529/jls.25.1.4.

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India is a country where children are treated as the asset of parents and also the asset of nation. Therefore, it is the responsibility of both parents and the government to have a firm hand on the youth of the country. It is necessary for nation- building and the development of nation. A person is not an offender by birth. The person acquire through the conduct or experiences through his life. So it is needed to prevent them for committing crimes. A delinquent juvenile cannot be sentenced to imprisionment. There are both pros and cons of Juvenile justice system in India. There are many leading factors to juvenile delinquency, in which one of the basic is ‘Violence in their Social Circles.’ In 2009 after the case Hari Ram v. State of Rajasthan & Anr., the court held that all persons who were below the age of 18 years on the date of commission of the offence even before the enforcement of Juvenile Justice (JJ) Act, 2000, would be treated as juveniles. The paper help us understand the concept of Juvenile Justice System in India and the need of it. The researcher used an analytical approach to understand different provisions of the JJ Act, 2000 to prevent the youth by providing care, protection, treatment, development and rehabilitation to neglected or delinquent juveniles.
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Darmika, Ika. "Diversion and Restorative Justice in the Criminal Justice System of Children in Indonesia." Ijtimā'iyya: Journal of Muslim Society Research 3, no. 2 (September 28, 2018): 179–96. http://dx.doi.org/10.24090/ijtimaiyya.v3i2.1921.

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Diversity and Justice Justice is the norm in the Criminal Justice System in Indonesia, as regulated in Law Number 2012 on the System Juvenile Justice. The latest Law Number 11 Year 2012 was not available to be separated by UN Resolution Number 44.25 about Convention of the Rights which was ratified by the Indonesian Government dated January 26, January 1990 in the Presidential Decree No. 36 Year 1990. Convention on the Rights of the Children of the Republic of Indonesia was the basis of the consideration of the establishment of Law Number 11 of 2012 about Juvenile Criminal Justice System which replaced Law Number 3 1997 concerning Juvenile Court. At this time, there are a number of developed countries that have implemented diversion, among others is Australia. Australia has Act on Juvenile Crimes (The Young Offenders Act 1977).In which the Law gives the authority of lawyers (police)to do diversion child offender. This thing can be known from the purpose of the Juvenile Criminal Act Law. In Australia, the policymaking has the authority to do diversion in handling crime done by child. Authority is done with consideration: a) avoiding labeling or stigma which was caused by the effects of the system judicial justice. b) There are doubts about whether to progress from treatment to children. In Indonesia, regulated in Law Number 11 of 2012 about the Juvenile Criminal Justice System, which began after 2 years promulgated on July 30, 2012. In Law Number 11 of 2012, diversion was regulated in Article 17, Article 6 / Article 15. Regarding the restorative justice in developed countries, restorative justice not only in academic fields and practical practice and criminology North America, Australia, and some Europeans, restorative justice has been applied to all know the conventional criminal justice process, namely the investigation, prosecution, stage adjudication, and the stages of the trial. The justice-restructuring process looks for a facility dialogue between various parties affected by crime, including victims, perpetrators supporters and community are all over. Death involves the process that all parties who acted in crime were at the same time together to try to complete the scrutiny of how the negotiation after the crime has taken place Indonesia trial justice regulated in Article 1 Article 6, Article 5 (1) and Article 8 Section (1)Law Number 11 Year 2012.
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Singh, Deepak. "An Analysis of Section 15 of the Juvenile Justice Act, 2015." Christ University Law Journal 8, no. 2 (July 1, 2019): 1–23. http://dx.doi.org/10.12728/culj.15.1.

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21

Ame, Robert Kwame. "The Rights of Children in Conflict with the Law in Ghana." International Journal of Children's Rights 19, no. 2 (2011): 271–93. http://dx.doi.org/10.1163/157181810x528003.

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AbstractIn a country where implementing children's rights in general remains a major challenge, the idea of according rights to children in conflict with the law can be a daunting task. With too many other children's problems to deal with such as the millions of street children and child laborers, female circumcision, and sexual violence against female children, the needs and rights of juvenile offenders could easily be relegated to the bottom of the government's priorities for children. Nonetheless, by virtue of ratifying the UNCRC in 1990, Ghana has made a commitment to address the needs and respect the rights of children in Ghana including its juvenile offenders. Thirteen years after ratifying the CRC, the Ghanaian Parliament passed the Juvenile Justice Act 2003 (Act 653). What rights does the Act accord children in conflict with the law? Do the policies and practices of the new juvenile justice system measure up to the standards of the Convention? These are the key questions addressed in this paper. The paper concludes that vis a vis the CRC, the new Juvenile Justice Act looks good on paper but argues that there is a colossal gap between policy and practice. The paper ends with suggestions on how to effectively protect the rights of children in conflict with the law.
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22

Osho, Gbolahan S. "Is the United States Juvenile Justice System Working: An Empirical Investigation from the Life Course Approach." Journal of Public Administration and Governance 3, no. 1 (April 11, 2013): 142. http://dx.doi.org/10.5296/jpag.v3i1.3006.

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The juvenile court was given jurisdiction over neglect and dependent children for the purpose of this act the words dependent child and neglected shall mean any child who for any reason is destitute or homeless, abandoned, no proper parental care or guardianship; or who habitually begs or receives alms; or who is found living, in any house of ill fame or with any vicious or disreputable person; or whose home, by reason of neglect, cruelty or depravity on the part of its parents, guardian or other person in whose care it may be, is an unfit place for such a child” (Abadinsky pg 102). In 1968 Congress “passed the Juvenile Delinquency Prevention and Control Act. The act was designed to encourage states to develop plans and programs that would work on community levels to discourage juvenile delinquency. The Juvenile Delinquency Prevention and Control Act was precursor to the extensive Juvenile Justice and Delinquency Prevention Act that replaced it in 1974. However, to prevent a juvenile from committing a crime or re-offending, this study believes that the juvenile court and the state legislators must designed a program that juveniles can participate in and engage them in positive activities. This way a youth will change his or her behavior and become a law-abiding
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23

Corrado, Raymond R. "The Young Offenders Act – A Revolution in Canadian Juvenile Justice." Canadian Journal of Criminology 36, no. 1 (January 1994): 83–87. http://dx.doi.org/10.3138/cjcrim.36.1.83.

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24

Dalby, J. Thomas, Alan W. Leschied, Peter G. Jaffe, and Wayne Willis. "The Young Offenders Act: A Revolution in Canadian Juvenile Justice." Canadian Public Policy / Analyse de Politiques 18, no. 2 (June 1992): 232. http://dx.doi.org/10.2307/3551433.

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25

Hutchinson, Terry. "Making the Fun Stop: Youth Justice Reform in Queensland." Deakin Law Review 19, no. 2 (December 30, 2014): 243. http://dx.doi.org/10.21153/dlr2014vol19no2art343.

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In 2013 the newly elected conservative Liberal National Party government instigated amendments to the Youth Justice Act 1992 (Qld). Boot camps replaced court ordered youth justice conferencing. In 2014 there were more drastic changes, including opening the Children’s Court proceedings to the public, permitting publication of identifying information of repeat offenders, removing the principle of ‘detention as a last resort’, facilitating prompt transferral of 17 year olds to adult prisons and instigating new bail offences and mandatory boot camp orders for recidivist motor vehicle offenders in Townsville. This article compares these amendments to the legislative frameworks in other jurisdictions and current social research. It argues that these amendments are out of step with national and international best practice benchmarks for youth justice. Early indications are that Indigenous children are now experiencing increased rates of unsentenced remand. The article argues that the government’s policy initiatives are resulting in negative outcomes and that early and extensive evaluations of these changes are essential.
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Cahyaningtyas, Irma. "PENAL MEDIATION OF TREATMENTS FOR CHILDREN IN THE JUVENILE JUSTICE SYSTEM." Diponegoro Law Review 3, no. 2 (October 30, 2018): 264. http://dx.doi.org/10.14710/dilrev.3.2.2018.264-276.

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The protection of children becomes the responsibility of all parties, namely family, community and government. Indonesia through the Act No. 11 Year 2012 on Juvenile Justice System provides protection namely diversion which should be emphasized as a penal mediation which can be used to solve a juvenile cases. There are two main problems; firstly, how is the penal mediation process in the juvenile justice system; secondly, how is the implementation of the penal mediation which is based on Pancasila? The research method used in this paper was normative juridical research method. The approach used in this study is socio legal approach and the data analysis method used a qualitative analysis. The results that in penal mediation in the juvenile cases namely diversion aims to achieve restorative justice. The diversion process is very important and must involve the parties in order the mediation be effective. This process is what distinguishes from the treatments of juvenile’s cases before Act No. 11 Year 2012. In the previous times, penal mediation was not acknowledged so law enforcement procedure is always ends at Juvenile court. Penal mediation in juvenile justice system must be based on Pancasila as the philosophical foundation of Indonesia, which means diversion process must be in accordance with the values of Pancasila, which are are religious moral values; humanistic values; nationalistic values, democratic, and social justice.
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Iswahyudi, Eko, I. Nyoman Nurjaya, Nurini Aprilianda, and Bambang Sugiri. "THE REGULATION URGENCY OF CHILDREN UNDER 12 (TWELVE) YEARS OLD IN THE ACT OF JUVENILE JUSTICE SYSTEM IN INDONESIA." International Journal of Advanced Research 9, no. 10 (October 31, 2021): 233–41. http://dx.doi.org/10.21474/ijar01/13540.

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In the Act No. 11 of 2012 about the Juvenile Criminal Justice System, it explains the age limit for juvenile criminal responsibility for those who commit criminal acts, as regulated in Article 1 point 3. The children between 12 (twelve) years old and 18 (eighteen) years old are suspected of committing a crime.. The purpose of this study was to determine and analyze the urgency of regulating teenager under the age of 12 in the constitution of Republic of Indonesia Number 11 of 2021 on the Juvenile Criminal Justice System as well as children in conflict with the law.This type of normative legal research uses a statute approach and a case approach through a literature study. The results of the research on the urgency of regulating children under the age of 12 in Act Number 11 of 2021 concerning the Juvenile Criminal Justice System as well as children in conflict with the law. Many cases of crime that occur under the age of 12 years. So that special attention is needed regarding the minimum age limit for children who can be given criminal sanctions related to Article 1 letter 3 and Article 21 paragraph 1 of Act Number 11 of 2021 about the Juvenile Criminal Justice System without ignoring the psychological aspects of the child, whether acting as perpetrators, witnesses or victims. The purpose of punishing children is relatively not just to retaliate against people who commit criminal acts but has a useful purpose.
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Stewart, Anna, Hennessey Hayes, Michael Livingston, and Gerard Palk. "Youth justice conferencing and indigenous over-representation in the Queensland juvenile justice system: a micro-simulation case study." Journal of Experimental Criminology 4, no. 4 (October 29, 2008): 357–80. http://dx.doi.org/10.1007/s11292-008-9061-5.

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Sucahyo, Danang, and Aryani Witasari. "The Diversion in Law Enforcement of Criminal Action of Children in the Judicial System of Children." Jurnal Daulat Hukum 4, no. 1 (March 6, 2021): 9. http://dx.doi.org/10.30659/jdh.v4i1.13694.

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Handling of crimes committed by children is carried out through the juvenile criminal justice system, as regulated in Act No. 11 of 2012. In Act No. 11 of 2012, the settlement of criminal cases of children is carried out by means of a diversion mechanism. This study aims to determine and examine diversion in law enforcement of child criminal acts in the juvenile criminal justice system. This study uses a normative juridical approach, which is descriptive analysis. The data used is secondary data obtained through library research, which is then analyzed qualitatively. The result of this research is that diversion is a persuasive action or an approach that aims to invite people to obey and enforce the law while still considering the sense of justice as a top priority in addition to providing opportunities for perpetrators to improve themselves. Diversion in the juvenile criminal justice process is regulated in Article 8 of Act No. 11 of 2012, which is carried out through deliberations involving the child and his/her parents/guardians, the victim and/or their parents/guardians, social advisers, and professional social workers. The diversion provision is applied to criminal offenses that carry a sentence of less than seven years and do not constitute a repetition of the crime. Diversion in the juvenile criminal justice process is regulated in Article 8 of Act No. 11 of 2012, which is carried out through deliberations involving the child and his/her parents/guardians, the victim and/or their parents/guardians, social advisers, and professional social workers. The diversion provision is applied to criminal offenses that carry a sentence of less than seven years and do not constitute a repetition of the crime. Diversion in the juvenile criminal justice process is regulated in Article 8 of Act No. 11 of 2012, which is carried out through deliberations involving the child and his/her parents/guardians, the victim and/or their parents/guardians, social advisers, and professional social workers. The diversion provision is applied to criminal offenses that carry a sentence of less than seven years and do not constitute a repetition of the crime.
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Rowand Robinson, T., and Mary Jane K. Rapport. "Providing Special Education in the Juvenile Justice System." Remedial and Special Education 20, no. 1 (January 1999): 19–35. http://dx.doi.org/10.1177/074193259902000103.

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According to the Individuals with Disabilities Education Act of 1990, all students are entitled to a free and appropriate public education, including incarcerated youth with disabilities. Based on legal research, we discuss pertinent issues integral to providing appropriate educational services to incarcerated youth as addressed by the courts and education professionals. We address (a) prevalence rates of disabilities among juvenile delinquent populations, (b) problems facing correctional facility personnel in providing special education services to inmates with disabilities, (c) recent developments in case law regarding the implementation of special educational services for juveniles in correctional facilities, and (d) recommendations for facilitating special education programming in correctional institutions.
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Daniluk, Paweł, and Joanna Mierzwińska-Lorencka. "Responsibility of a Juvenile for a Prohibited Act Under Polish Law." International and Comparative Law Review 16, no. 2 (December 1, 2016): 99–115. http://dx.doi.org/10.1515/iclr-2016-0017.

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Summary The law on juvenile delinquency proceedings creates a model of a paternalistic and welfare approach to juvenile justice, the protection and treatment of the juvenile at risk oriented allowing only a certain range, to use criminal sanctions against juvenile perpetrators of prohibited acts. The rule is that juvenile is not liable to the principles defined in the Penal Code, the Code of Petty Offences or the Fiscal Penal Code, and the law is applied to him is the Juvenile Act of 26 October 1982 which does not provide for a criminal responsibility. Special, nonpenal responsibility for juveniles applies for those between 13 and 17 years. For younger juveniles, special measures of exclusively educational and care character are possible.
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Agarwal, Smita, and Nishant Kumar. "Juvenile Justice (Care and Protection of Children) Act 2015: A Review." Space and Culture, India 3, no. 3 (March 26, 2016): 5. http://dx.doi.org/10.20896/saci.v3i3.165.

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The aim of this article is to look into the provisions of the newly amended Juvenile Justice Act. The central question which this article looks at whether the article is comprehensive enough to eliminate the possibilities of crime by juveniles as it is based on principle of reformation and rehabilitation of children who are otherwise presumed to be innocent not to commit a crime. It also tries to see if the intention of juveniles involved in crimes can be differentiated from their social surroundings that can help to punish the perpetuators in the former while thinking of remedial measures in the latter.
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Oppus, Anne Mariquit D., and Frances Mae C. Trabajo. "The Juvenile Justice and Welfare Act Of 2006: Does It Rehabilitate?" ACADEME University of Bohol, Graduate School and Professional Studies 14, no. 1 (March 22, 2019): 58–80. http://dx.doi.org/10.15631/aubgsps.v14i1.140.

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This study was conducted to record the perception of the Children-in-conflict with the Law (CICL). The services assessed the following: Physical, Moral, Spiritual, Intellectual, and Social Well-being; it further assesses the effectiveness delivered by the RRCY and whether RA 9344 rehabilitates. The methods used are qualitative through interview methods on implementing the Juvenile Justice and Welfare Act of 2006 (RA 9344), as amended by RA 10630, at the Regional Rehabilitation Center for the Youth (RRCY) in Argao, Cebu. The study participants were then identified as Children-in-conflict with the law (CICL) who come from the Province of Bohol. A researcher-made semi-structured questionnaire was used to guide the face-to-face interviews conducted and supported by a focused-group discussion. It was, however, a short-term interview with the participants, limited to the perception of the CICL, their parents, and the staff while the CICL were undergoing rehabilitation thereat. The study revealed the effectiveness of the services delivered by the RRCY and the narrative of the respondents, RA 9344 rehabilitates. Thus, continuity in the services rendered by the rehabilitation center and that of the community shall be reintegrated. Therefore, a Barangay-based Reintegration Program is recommended.
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Bishop, Donna M., and Charles E. Frazier. "Gender Bias in Juvenile Justice Processing: Implications of the JJDP Act." Journal of Criminal Law and Criminology (1973-) 82, no. 4 (1992): 1162. http://dx.doi.org/10.2307/1143718.

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35

SEYKO, RONALD J. "Balanced Approach and Restorative Justice Efforts in Allegheny County, Pennsylvania." Prison Journal 81, no. 2 (June 2001): 187–205. http://dx.doi.org/10.1177/0032885501081002004.

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On November 17, 1995, the governor of Pennsylvania signed into law Special Session Act 33 of 1995, which redefined the purpose of Pennsylvania's juvenile justice system to incorporate the principles of the Balanced Approach and Restorative Justice (BARJ) philosophy. This article describes the genesis of the new law, explains the BARJ model, and illustrates the effect that the law is having on the juvenile court system in Allegheny County. The article specifically focuses on the numerous projects that the Allegheny County juvenile probation department has instituted to meet the BARJ obligation.
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Veselov, N. Yu. "ADMINISTRATIVE AND LEGAL REGULATION OF THE FUNCTIONING OF JUVENILE JUSTICE IN THE ENSURING OF CHILD RIGHTS." Legal horizons 33, no. 20 (2020): 77–81. http://dx.doi.org/10.21272/legalhorizons.2020.i20.p77.

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Problem setting. Legal regulation is an integral component of the administrative and legal mechanism for ensuring the functioning of juvenile justice, through which the state regulates relevant social relations through law and the totality of legal means. Recent research and publications analysis. The following Ukrainian scientists tried to conceptually solve these issues: Ya. Kvitka, V. Levchenko, O. Maksimenko, N. Lesko, I. Ishchenko, O. Navrotsky. Paper objective. The purpose of the study is to obtain scientific and applied results on the presentation of options for legislative support of juvenile justice in other countries and to formulate proposals for improving the administrative and legal regulation of juvenile justice in Ukraine. Paper main body. The analysis of the legislation of other countries indicates that there are several conditional models of legal regulation of the peculiarities of ensuring the rights of the child in the exercise of juvenile justice. This division is based on the following criteria, such as the existence of a law in the country that establishes the general principles of the judicial and extrajudicial, administrative and legal protection of children’s rights; the existence of a separate law on juvenile justice, which codifies all the rules of law that determine the peculiarities of criminal proceedings against children; the existence of a separate law on juvenile justice, but which establishes the general principles of the operation of juvenile justice, public administration in this area, prevention of offenses, etc. Conclusions of the research. The expediency of adopting the Law on Juvenile Justice in Ukraine, which, in its content, will mainly be an act of administrative and legal nature, the Law «On Ensuring the Rights of the Child in Ukraine», the Law «On the Ombudsman of Ukraine» is substantiated. Keywords: child, minor, legal regulation, administrative law, juvenile justice, justice.
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Effendy, Feri Satria Wicaksana, and Arpangi Arpangi. "Settlement Policy of Criminal Actions which Performed by Children through Penal Mediation." Jurnal Daulat Hukum 4, no. 2 (July 1, 2021): 140. http://dx.doi.org/10.30659/jdh.v4i2.15744.

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One form of progressive law in the Juvenile Criminal Justice System is the existence of penal mediation. The benchmark for the positive implications of penal mediation as a force is expected to encourage efforts to alleviate various issues that have been identified. Thus, the conditions for implementing penal mediation as the embodiment of Pancasila values in order to support the rule of law in the context of national development are expected to be truly realized. The problem in this research is how is the technical implementation of penal mediation in Indonesia? and How is the Penal Mediation Process at the stage of Investigation, Prosecution and Examination in Court Sessions. The method used in this study is normative juridical, which relates to the policy of resolving crimes committed by children through penal mediation. Penal mediation in the Juvenile Criminal Justice System Act is called Diversion. In accordance with Article 7 paragraph (1) of Act No. 11 of 2012 concerning the Juvenile Justice System, at the level of investigation, prosecution and examination of children's cases in district courts, diversion must be sought, based on a Restorative justice approach.
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38

Prenzler, Tim, and Hennessey Hayes. "Victim—Offender Mediation and the Gatekeeping Role of Police." International Journal of Police Science & Management 2, no. 1 (March 2000): 17–32. http://dx.doi.org/10.1177/146135570000200103.

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This paper reports on implications for the management of police discretion arising from a Victim—Offender pilot project in Queensland, Australia. The pilot was conducted with juvenile offenders and was highly successful on a range of key outcomes related to restorative justice. However, the project suffered from very low referrals from police, and there were no referrals from the courts, partly because of magistrates' deference to police decisions. As a consequence, many crime victims and young offenders and their caregivers had no opportunity to benefit from reparation. On this basis, a recommendation was made to curtail police discretion severely by building into the case disposition process mandatory consultation regarding mediation with all victims and offenders. This posed a direct challenge to the traditional wide discretionary powers held by police in their gatekeeping role. This research was commissioned by the Queensland Department of Justice. The views expressed are those of the authors, not necessarily those of the Department.
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Manfredi, Christopher P. "The Young Offenders Act and Juvenile Justice in the United States: Perspectives on Recent Reform Proposals." Canadian journal of law and society 6 (1991): 45–63. http://dx.doi.org/10.1017/s0829320100001915.

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Abstract Recent proposals to reform the Young Offenders Act have sought to address the difficult question of the proper response to youth who commit especially serious offences. This article evaluates these proposals from the perspective or recent developments in US juvenile justice policy that have also been designed to meet serious and chronic youth criminality. The article suggests that a series of US state legislative reforms, in which individual responsibility and system accountability replace rehabilitation as the dominant objective of juvenile justice policy, offers a comprehensive, if imperfect, model for reform.
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40

Nellis, Ashley, and Brad Richardson. "Getting Beyond Failure: Promising Approaches for Reducing DMC." Youth Violence and Juvenile Justice 8, no. 3 (April 22, 2010): 266–76. http://dx.doi.org/10.1177/1541204009361180.

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States that wish to receive federal financial support through the Juvenile Justice and Delinquency Prevention Act for their juvenile justice systems are mandated to address disproportionate minority contact (DMC). A vast number of studies now exist that try to explain the presence, cause, and severity of DMC in states and local jurisdictions, but most work does not move past this point. A newer set of works explores reasons why DMC-reduction efforts fail. In recent years, generous investments from private foundations have led to a renewed sense of hope for success in the seemingly intractable problem of minority overrepresentation in the juvenile justice system. This article presents promising approaches that have resulted from these investments and suggests steps that should be taken from here.
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Swart, G. T. "Book Review: The Young Offenders Act: A Revolution in Canadian Juvenile Justice." Canadian Journal of Psychiatry 37, no. 4 (May 1992): 277. http://dx.doi.org/10.1177/070674379203700418.

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42

RALEY, GORDON A., and JOHN E. DEAN. "The Juvenile Justice and Delinquency Prevention Act: Federal Leadership in State Reform." Law & Policy 8, no. 4 (October 1986): 397–417. http://dx.doi.org/10.1111/j.1467-9930.1986.tb00388.x.

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43

Bajpai, Asha. "The Juvenile Justice (Care and Protection of Children) Act 2015: an analysis." Indian Law Review 2, no. 2 (May 4, 2018): 191–203. http://dx.doi.org/10.1080/24730580.2018.1552233.

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44

Howell, James C., John J. Wilson, Melissa H. Sickmund, Nancy J. Hodges, and Megan Q. Howell. "Caught in the Act: States Doing Some Things Right in Juvenile Justice." Juvenile and Family Court Journal 68, no. 4 (December 2017): 25–42. http://dx.doi.org/10.1111/jfcj.12101.

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45

Zamble, Edward. "Review of The Young Offenders Act: A revolution in Canadian juvenile justice." Canadian Journal of Behavioural Science/Revue canadienne des sciences du comportement 25, no. 2 (1993): 324–26. http://dx.doi.org/10.1037/h0084916.

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46

O'Brien, Grace, and Michelle Trudgett. "School House to Big House." Australian Journal of Indigenous Education 49, no. 1 (August 29, 2018): 98–106. http://dx.doi.org/10.1017/jie.2018.13.

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In 1991, the Australian Government released the Royal Commission into Aboriginal Deaths in Custody Report. Of the 339 recommendations, Recommendation 62 identified that there was an alarming over-representation of Indigenous youth in contact with the criminal justice system. The report called for immediate action by governments to develop strategies that would urgently reduce retention rates of Indigenous youth within the prison system. Analysis of the literature indicates that almost three decades after the release of this report, the high numbers of Indigenous youth who are incarcerated, or who have come into contact with the juvenile justice system remains the same. Although there is a good deal of literature investigating the criminological characteristics of this phenomena; there is a substantial gap in the literature surrounding the educational exclusion of young Indigenous males from the formal education system. This paper focusses specifically on the literature surrounding student exclusion from state schools and how this may provide some insight into the subsequent over-representation of young Indigenous males within the Queensland juvenile justice system.
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47

Kumar, Shailesh. "Shifting Epistemology of Juvenile Justice in India." Contexto Internacional 41, no. 1 (April 2019): 113–40. http://dx.doi.org/10.1590/s0102-8529.2019410100006.

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Abstract The conception of juvenile justice has its ontological root in the internationalisation of childhood and construction of children as a distinct social class. The Euro-centric vision of children as rights-possessors that informed the United Nations Convention on the Rights of the Child (CRC) (1989) transformed the epistemology of juvenile justice. India ratified the CRC in 1992, and defined ‘child’ uniformly, irrespective of sex, unlike in the past, thereby challenging its gendered subjectivity of ‘female child.’ Such an emergence of a new modality of delivering juvenile justice that I see as the epistemic shift did not last long, and one gory incident, alongside mediatised demonisation of male children, and brewing social discontent on women’s safety, changed its landscape. This paper foregrounds an analysis of the role of gender in juvenile justice jurisprudence from the colonial period to the present time. Reflecting on the populist punitiveness at play, it talks about the Indian state’s poverty of understanding of children’s rights. Mapping legislative, juridical and political dimensions of the journey of the juvenile justice framework in India, the paper shows how construction of gendered notions of a particular group of male child offenders has resulted in the punitive turn of the juvenile justice system in India. It further unpacks the potentiality of repercussions of such punitiveness, and offers reasons as to why a retributive response by the state is a step backwards in reforming juvenile delinquents. Overall, it narrates the story of a political-systemic failure to deal with an important social issue, which may act as a lesson to be learnt with respect to the child governance framework, both for the countries in South Asia and the wider global South.
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Saepudin, Saepudin, and Umar Ma'ruf. "Completion Of Diversion As A Form Of Child Through Criminal Investigators By Restorative Justice Approach In Police Office Of Indramayu." Jurnal Daulat Hukum 1, no. 2 (June 15, 2018): 359. http://dx.doi.org/10.30659/jdh.v1i2.3274.

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Children who commit in a criminal offense must be treated humanely in accordance with the best interests of the child means that children in conflict with the law should be restorative justice approach that should be pursued first. Indonesia already has rules to protect, prosper and fulfill the rights of children, among others Act No. 3 of 1997 on juvenile justice, Act No. 23 of 2002 on Child Protection. However, it seems not enough to bring significant changes to the fate of children in conflict with the law, and what to expect in reality often can not be implemented properly. Because outiusan judges are more punitive to the detriment of the child itself. Versioned as a form of juvenile criminal settlement through restorative justice approach needs to be taken into consideration in handling children. This concept involves all parties in order to repair the moral children so that children will no longer repeat his actions, so that children feel children aware of the law that affect the mental development of children.Keywords: Children, Diversion, Restorative Justice.
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Bedi, Shruti. "The Juvenile Justice Law in India: Are you Old Enough to Commit a Crime?" Vietnamese Journal of Legal Sciences 5, no. 2 (December 1, 2021): 16–30. http://dx.doi.org/10.2478/vjls-2021-0012.

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Abstract Juvenile justice is a designated area of criminal law that is applicable to persons who are not old enough to be held responsible for criminal acts. One of the most difficult areas of criminal justice has been to provide a clear legal framework dealing with the transition from childhood to adulthood. Countries distinguish between the definition of a ‘child’ and an ‘adult’ in different ways with diverse factors being taken into consideration. The Indian Parliament has introduced the Juvenile Justice (Care and Protection) Act, 2015 which has brought in some controversial changes, one of them being that the 16 to 18 years age group are now tried as adults in certain circumstances. This paper seeks to address the anomalies in the language of the provisions providing for such transfer of children to the adult system in India and the consequent lack of a consistent law on the differential treatment of juvenile offenders. This discussion would facilitate a critical analysis and positive change in the juvenile justice systems of other countries including Vietnam.
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Shubik, Claire, and Jessica Kendall. "RETHINKING JUVENILE STATUS OFFENSE LAWS: CONSIDERATIONS FOR CONGRESSIONAL REVIEW OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT." Family Court Review 45, no. 3 (July 2007): 384–98. http://dx.doi.org/10.1111/j.1744-1617.2007.00154.x.

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