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Lysova, Alexandra, et Helmut Kury. « Obstacles to the Development of Restorative Justice : a Comparative Analysis of Russia, Canada and Germany ». Всероссийский криминологический журнал 12, no 6 (28 décembre 2018) : 806–16. http://dx.doi.org/10.17150/2500-4255.2018.12(6).806-816.
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Restorative justice (RJ), which is a concept of criminal justice focused on the needs of victims and the community affected by the criminal act rather than on the punishment of the offender, is becoming an integral part of criminal justice in many developed Western countries. Russia, however, is just taking the first steps in the development of restorative justice with the focus on mediation for juvenile delinquents. Using the theory of the (de)civilization process by N. Elias, the authors suggest that a weak state, characterized not so much by inefficient economy as by underdeveloped social institutes, could be an obstacle for a more active use of RJ in Russia. Specifically, the authors claim that corruption undermining the legitimacy of public administration, a lack of trust in law enforcement, suppression of small business and hatred towards some groups of people all strengthen punitive sentiments that contradict the principles of RJ. A comparative criminological analysis of RJ in Canada and Germany reveals the unique history of its emergence and use in these countries in comparison with Russia. As for Germany, the moments of de-civilization in this country in the first half of the 20th century and in the recent years (connected with the uncontrolled influx of migrants) are slowing down the development of RJ. The absence of any significant social upheavals in Canada could explain a strong support for RJ among the local population and a comparatively successful integration of its principles in traditional Canadian criminal justice. In conclusion, the authors debunk some myths regarding RJ, which could constrain its implementation in these countries. In particular, the authors argue, that the traditional paradigm of punishment should not be abolished, but could be supplemented by the paradigm of reconciliation and restoration.
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Mears, Daniel P. « Book Review : Readings in Juvenile Justice Administration ». Criminal Justice Review 24, no 2 (septembre 1999) : 217–18. http://dx.doi.org/10.1177/073401689902400228.
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Mingyue, Su. « The Dualistic Model of Juvenile Justice System in China : In & ; Beyond Criminal Justice ». International Annals of Criminology 51, no 1-2 (2013) : 157–74. http://dx.doi.org/10.1017/s0003445200000106.
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SummaryIn October 1984, Shanghai Changning district people's court established the first collegial panel of our country specializing in juvenile criminal cases; and it marks the beginning of the juvenile justice reform in China. After 30 years of development, the philosophy of juvenile justice has changed; juvenile judicial institutions are growing and juvenile justice system has gradually formed. Different from the practices of juvenile court in Western countries such as the U. S., Japan, and Germany, juvenile delinquency or deviant behavior that does not violate the criminal law would not enter the judicial process, but rather, would be handled by administrative agencies such as the police, and subject to coercive measures including educational measures, protective measures, and punitive measures in China. Among these measures, education through Custody as a strict administrative punishment can deprive the personal liberty of the juvenile delinquents for as long as four years. Instead of ruling by court through the due process in accordance with the law, decisions of education through custody are made by the administrative organs in practice. This practice is probably unique in the world.
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Pastukh, Igor, Viktoriya Bass, Oleksii Bukhtiiarov et Olena Maksymenko. « International approaches to legal regulation of juvenile justice and juvenile prevention ». Cuestiones Políticas 40, no 73 (29 juillet 2022) : 345–63. http://dx.doi.org/10.46398/cuestpol.4073.18.
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The article is dedicated to investigation of different approaches in the field of juvenile prevention and juvenile justice. The article examines the features of juvenile justice and juvenile prevention in different countries, in particular, in the United States, Britain, France, the Netherlands, Germany, Italy, Ukraine. The existing models of organizing the activities of the juvenile police, other specialized bodies and institutions for children operating in foreign countries are considered. The issues of organization and implementation of crime prevention among children in different countries of the world have been studied. Special attention is paid to the US experience in the field of juvenile justice and juvenile prevention. In particular, the system of specialized bodies and institutions for children in the United States was studied. International systemic acts on the settlement of juvenile liability are analyzed. The analysis of world models of juvenile justice, in particular, Anglo-Saxon, continental, Scandinavian, is carried out and their peculiarities are singled out. The positive features of each of these models, which can be borrowed, in particular, by Ukraine, have been identified.
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Feld, Barry C. « Justice by Geography : Urban, Suburban, and Rural Variations in Juvenile Justice Administration ». Journal of Criminal Law and Criminology (1973-) 82, no 1 (1991) : 156. http://dx.doi.org/10.2307/1143795.
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Cohn, Alvin W. « The Future of Juvenile Justice Administration : Evolution v. Revolution ». Juvenile and Family Court Journal 45, no 3 (août 1994) : 51–63. http://dx.doi.org/10.1111/j.1755-6988.1994.tb01472.x.
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Burdina, Tetiana. « INTERNATIONAL STANDARDS OF THE PROCEDURE FOR APPLICATION OF DISCIPLINARY INFLUENCE MEASURES TO JUVENILE PRISONERS ». Visnyk of the Lviv University. Series Law 73, no 73 (30 novembre 2021) : 131–39. http://dx.doi.org/10.30970/vla.2021.73.131.
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The article examines the international legal standards of the procedure, particularly the rules and conditions, for the application of disciplinary influence measures to the juveniles sentenced to imprisonment. The author analyzes the relevant provisions of a number of such standards, namely: United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) of 17.12.2015; European Prison Rules of 11.01.2006; Guidelines for Action on Children in the Criminal Justice System (The Vienna Guidelines) of 21.07.1997; Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment of 09.12.1988; United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) of 29.11.1985; United Nations Rules for the Protection of Juveniles Deprived of their Liberty (The Havana Rules) of 14.12.1990; The European Rules for juvenile offenders subject to sanctions or measures of 05.11.2008; Guidelines for child-friendly justice of 17.11.2010; Human rights in the administration of justice, including juvenile justice: Resolution 36/16 of 29.09.2017; Human Rights in the administration of justice: Resolution 75/185 of 16.12.2020; General comment No. 24 (2019) on children`s rights in the child justice system of 18.09.2019; Model Law on Juvenile Justice and Related Commentary: issued under the auspices of United Nations in 2013. The author finds out that the international standards for execution of punishment in the form of imprisonment of the juveniles pay special attention primarily to re-education, correction, social rehabilitation, readaptation as well as social reintegration of juvenile prisoners. The study reveals that the considered international legal acts focus, consequently, primarily on the educational impact of disciplinary measures, provide for an individual approach to juvenile prisoners, require the preservation of dignity and the welfare of juvenile prisoners, as well as enshrine the principle of proportionality of the applied measures in relation to the characteristics of the personality of a juvenile sentenced to imprisonment, and concerning to the circumstances and gravity of the offense committed by him/her. However, the author finds that the international standards, while defining a number of requirements for the application of sanctions, instead do not pay due attention to the incentives, which are mentioned only in the Nelson Mandela Rules and the European Rules for juvenile offenders
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Nguyen, Duc. « The Development of Four Leading Principles of the Convention on the Rights of the Child in Vietnam´s Juvenile Justice ». Bergen Journal of Criminal Law & ; Criminal Justice 4, no 2 (9 janvier 2017) : 267. http://dx.doi.org/10.15845/bjclcj.v4i2.1074.
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The paper sheds light on the latest development of four CRC principles in the administration of Vietnam’s juvenile justice after the recent amendment of the Penal Code and Criminal Procedural Code of Vietnam. It also assesses the compatibility of the Vietnamese juvenile justice system compared to international standards elaborated by the CRC Committee. At the same time, certain issues are raised regarding the implementation of such principles in practice. Finally, concluding remarks will be provided together with recommendations on how to develop the juvenile justice system in Vietnam.Keywords: Vietnam’s juvenile justice; Children’s rights; CRC leading principles; juvenile offenders; the rights of the child; non-discrimination; best interests of the child; children’s right to life; survival and development; children’s right to be heard.
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Walkenhorst, Philipp, Anna Alexandrovna Grebenkina et Evgeny Vladimirovich Grebenkin. « Resocialization of juvenile offenders in Germany : morality of justice and education ». Novosibirsk State Pedagogical University Bulletin 6, no 3 (29 juin 2016) : 30–39. http://dx.doi.org/10.15293/2226-3365.1603.03.
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Geerling, Wayne, Gary B. Magee et Robert Brooks. « Faces of Opposition : Juvenile Resistance, High Treason, and the People's Court in Nazi Germany ». Journal of Interdisciplinary History 44, no 2 (août 2013) : 209–34. http://dx.doi.org/10.1162/jinh_a_00537.
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Analysis of the sixty-nine juveniles tried for high treason before the People's Court in Nazi Germany between 1933 and 1945, based on the available court records, finds that juvenile resistance in Nazi Germany possessed a distinct form and character; it was a phenomenon rather than an exceptional act. Juvenile resisters charged with high treason were typically working-class males of German ethnicity, motivated primarily by left-wing and religious beliefs, acting in small groups free of significant adult supervision and direction. Examination of the verdicts and sentencing of these juvenile resisters sheds light on how the Nazi justice system reacted to such serious internal resistance from its young.
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Raine, John W. « Rehabilitative and Restorative Justice for Juvenile Offenders ». Criminology & ; Public Policy 13, no 1 (février 2014) : 27–29. http://dx.doi.org/10.1111/1745-9133.12078.
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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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Tabe, Simon. « A Critical Appraisal of the Juvenile Justice System under Cameroon's 2005 Criminal Procedure Code : Emerging Challenges ». Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no 1 (22 mai 2017) : 147. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2460.
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The objective of this article is to examine the changes introduced by the 2005 Cameroonian Criminal Procedure Code on matters of juvenile justice, considering that before this Code, juvenile justice in Cameroon was governed by extra-national laws. In undertaking this analysis, the article highlights the evolution of the administration of juvenile justice 50 years after independence of Cameroon. It also points out the various difficulties and shortcomings in the treatment of juvenile offenders in Cameroon since the enactment of the new Criminal Procedure Code. The article reveals that the 2005 Code is an amalgamation of all hitherto existing laws in the country that pertained to juvenile justice, and that despite the considerable amount of criticism it has received, the Code is clearly an improvement of the system of juvenile justice in Cameroon, since it represents a balance of the due process rights of young people, the protection of society and the special needs of young offenders. This is so because the drafters of the Code took a broad view of the old laws on juvenile justice. Also a wide range of groups were consulted, including criminal justice professionals, children’s service organisations, victims, parents, young offenders, educators, advocacy groups and social-policy analysts. However, to address the challenges that beset the juvenile justice system of Cameroon, the strategy of the government should be focussed on three areas: the prevention of youth crime, the provision of meaningful consequences for the actions of young people, and the rehabilitation and reintegration of young offenders. Cameroonian law should seek educative solutions rather than to impose prison sentences or other repressive measures on young offenders. Special courts to deal with young offenders should be established outside the regular penal system and should be provided with resources that are adequate for and appropriate to fostering their understanding of juvenile crime.
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Balo, Yusuf Solmaz, et Felix Butz. « Terrorist Offenses and Juveniles – a Comparison between Germany and Turkey ». European Journal of Comparative Law and Governance 9, no 1 (1 décembre 2021) : 7–55. http://dx.doi.org/10.1163/22134514-bja10026.
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Abstract Terrorism criminal law and juvenile criminal law are branches of law that modify default criminal law provisions. In terms of their goals, these approaches mostly oppose each other. While the primary purpose of terrorism law is to meet the security needs of society, juvenile criminal law serves the privileged interests of juveniles and their reintegration to that society. With increasing active recruiting of juveniles by terrorist organizations, the question arises of what legal systems are doing in the face of juvenile terrorist offenses. This paper analyses and compares legal responses to terrorist crimes by juveniles in Germany and Turkey. The authors conclude that in Germany juvenile terrorist offenses are granted the benefits of juvenile criminal law to a higher degree than in Turkey. This has various legal and extra-legal reasons; however, in both legal systems reforms seem necessary to react more adequately to this troubling form of juvenile delinquency.
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Ame, Robert Kwame. « The Origins of the Contemporary Juvenile Justice System in Ghana ». Journal of Family History 43, no 4 (17 septembre 2018) : 394–408. http://dx.doi.org/10.1177/0363199018798099.
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The origin(s) of the contemporary juvenile justice system in Ghana could be traced to the country’s colonial era just like most modern criminal justice institutions in Africa. Colonization and its consequent introduction of English education, laws, administration, and Christianity challenged the traditional agencies for maintaining social control and the system of justice. But to fully appreciate the new juvenile justice system that was introduced, one must first appreciate the system that was in place in the precolonial era. Based on an analysis of secondary sources, this article argues that the systems in place during both the colonial and precolonial periods were reflective of a particular perception of children in each era.
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Bokiyev, Jakhongir. « "CRIMINAL LIABILITY OF MINORS IN SOME DEVELOPED COUNTRIES AND IMPLEMENTATION OF ADVANCED EXPERIENCE IN THIS FIELD TO NATIONAL LEGISLATION" ». Tsul legal report 2, no 1 (16 juillet 2021) : 134–42. http://dx.doi.org/10.51788/tsul.lr.2.1./pzcu8425.
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"Special attention is being paid to minors not only in our country, but also in all countries of the world. Judicial and legal reforms in Uzbekistan have identified the protection of the rights and legitimate interests of minors, especially the further liberalization of criminal liability, as one of the main tasks. This article reveals the features of criminal liability for juvenile delinquency in International standards such as “Beijing rules,” as well as in some foreign countries, their juvenile justice system and some theoretical and practical issues in Uzbekistan related to minors, with the adaptation of positive experience of these countries to our national legislation. For instance, the author analyzes what juvenile justice is, when and where it was established, what kind of international standards exist in this field, and why we know its positive and negative aspects. Secondly, this article identifies contemporary approaches to minors’ crime and punishment in various developed European countries, particularly Russia, Germany, France, and Japan from Asia. All information was taken from these countries’ official legislations. Moreover, in this article several viewpoints of some of lawyers and specialists in the juvenile justice system were given. At the conclusion of this article, some new norms to Criminal code of Uzbekistan can be proposed."
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Kaimudin, Arfan, et Hisbul Luthfi Ashsyarofi. « Model Countermeasures Children which Commit Crimes in Review Restorative Justice ». Jurnal Cakrawala Hukum 14, no 2 (27 août 2023) : 134–45. http://dx.doi.org/10.26905/idjch.v14i2.10783.
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This study describes the model settlement of cases through non-penal channels for crimes committed by children according to Act 11 of 2012 concerning the Juvenile Criminal Justice System with prioritizing restorative justice so that children who commit crimes are not stigmatized negatively. The Juvenile Criminal Justice System concept has included solving problems in a family manner or for children in conflict with the law, formally known as diversion. Diversion exists to divert the settlement of child cases from the criminal justice process to processes outside criminal justice. Diversion exists to prevent children who conflict with the law from the negative impacts of the criminal justice process on children. United Nations Standard Minimum Rules for the Administration of Juvenile (The Beijing Rules) have provided guidelines to prevent children in conflict with the law from negative impacts, namely by giving law enforcers the authority to take action in handling or resolving the problems the child offenders by not taking courts, among others stopping or not continuing or releasing or returning or handing over to society and other forms of social service activities.How to cite item: Kaimuddin, Arfan, and Hisbul Luthfi Ashsyarofi. “Model Countermeasures Children Who Commit Crimes in Review Restorative Justice.” Jurnal Cakrawala Hukum 14 no. 2(2023): 134-145. DOI: 10.26905/v14i2.10783.
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Oduor, Alfonce James, et Vivian Moraa Nyaata. « Identify children's rights in the juvenile justice system ». Journal of Law and Jurisprudence (JLJ) 1, no 1 (7 novembre 2022) : 1–8. http://dx.doi.org/10.51317/jlj.v1i1.304.
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The study's objective was to identify children's rights in Juvenile Justice System. The research has been done on the assumption that there are gaps in juvenile laws. The study was based on a desktop research method where both primary and secondary sources of information were utilised. Children in conflict with the law are protected under various legislations both domestically, regionally and internationally, which provides for their rights within the administration of justice. However, Kenya's legal framework has not adequately protected juveniles who come into contact with the law as is a requirement. In conclusion, the study has discovered that laws enacted have gaps, and thus this forms the main reason behind the violation of children's rights within the justice system; if this is not addressed in time, children in conflict with the Law will continue to suffer in several ways. The judicial Service Commission should develop clear guidelines for the courts on how children in conflict with the Law should be handled. There should also be specially trained Legal officers responsible for hearing and determining children's cases. Law Society of Kenya should encourage Advocates and Activists to represent children who are unable to cater for legal fees on a pro bono basis. This should be a requirement for renewals of practising licenses.
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BISHOP, DONNA M. « PUBLIC OPINION AND JUVENILE JUSTICE POLICY : MYTHS AND MISCONCEPTIONS ». Criminology & ; Public Policy 5, no 4 (novembre 2006) : 653–64. http://dx.doi.org/10.1111/j.1745-9133.2006.00408.x.
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Romero, Leo M., et James E. Johnson. « An Administrative Model of Juvenile Justice - The Nato Status of Forces Agreement Application to American Juvenile Offenders in Germany ». Juvenile Justice 27, no 3 (14 juillet 2009) : 51–52. http://dx.doi.org/10.1111/j.1755-6988.1976.tb01129.x.
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Oduor, Alfonce James, et Vivian Moraa Nyaata. « To uncover instances of abuse of juveniles in the juvenile justice system ». Journal of Law and Jurisprudence (JLJ) 1, no 1 (7 novembre 2022) : 9–18. http://dx.doi.org/10.51317/jlj.v1i1.306.
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This study explores instances of abuse of juveniles in the juvenile justice system. Children in conflict with the law are protected under various legislations both domestically, regionally and internationally which provides for their rights within the administration of justice. However, Kenya’s legal framework has not adequately protected juveniles who come into contact with the law as is a requirement. The research has been made on the assumptions that there are gaps in juvenile laws. There are also specific instances of juvenile abuse within the juvenile justice system. The study was based on desktop research method where both primary and secondary sources of information have been utilised. The study revealed that children in conflict with the Law faces a number of human rights abuses and violations at various stages once they come into contact with the law and this is counterproductive to the international requirements, objectives and standards of an efficient. The study recommends that there should be a special police unit, trained on how to deal with children in conflict with the Law to reduce cases of police brutality and violence against juveniles. The study also recommends that further research should be done on the topic.
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Maslennikova, L. N., et T. E. Sushina. « Experience of Criminal Proceedings Digitalization in the Federal Republic of Germany and Possibilities of its Use in the Criminal Proceedings Digitalization in Russia ». Actual Problems of Russian Law 15, no 6 (11 juillet 2020) : 214–24. http://dx.doi.org/10.17803/1994-1471.2020.115.6.214-224.
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The paper analyzes the experience of digitalization of the criminal justice of the Federal Republic of Germany as one of the leading states of the European Union with a high level of informatization of the public administration mechanism. The study of German theory and practice allowed us to conclude that the criminal justice of Germany is quite successful in adapting to the new digital reality and that it is possible to use positive experience in developing the Russian concept of building criminal justice that provides access to justice in the development of digital technologies. It is proposed to consider digitalization as an irreversible and logical process of the development of criminal proceedings, requiring adjustments to the organizational basis of criminal procedure. Along with this, it is concluded that digitalization may become a prerequisite for changing the architecture (construction) of pre-trial stages of criminal proceedings with their subsequent transformation into the initial stage of criminal proceedings prior to justice.
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Dalby, J. Thomas, Alan W. Leschied, Peter G. Jaffe et Wayne Willis. « The Young Offenders Act : A Revolution in Canadian Juvenile Justice ». Canadian Public Policy / Analyse de Politiques 18, no 2 (juin 1992) : 232. http://dx.doi.org/10.2307/3551433.
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Elliott, Delbert S., Pamela R. Buckley, Denise C. Gottfredson, J. David Hawkins et Patrick H. Tolan. « Evidence‐based juvenile justice programs and practices : A critical review ». Criminology & ; Public Policy 19, no 4 (15 octobre 2020) : 1305–28. http://dx.doi.org/10.1111/1745-9133.12520.
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Atilola, Olayinka, Olayinka Omigbodun et Tolulope Bella-Awusah. « Post-traumatic Stress Symptoms among Juvenile Offenders in Nigeria : Implications for Holistic Service Provisioning in Juvenile Justice Administration ». Journal of Health Care for the Poor and Underserved 25, no 3 (2014) : 991–1004. http://dx.doi.org/10.1353/hpu.2014.0116.
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Jenson, Jeffrey M., Cathryn C. Potter et Matthew O. Howard. « American Juvenile Justice : Recent Trends and Issues in Youth Offending ». Social Policy & ; Administration 35, no 1 (mars 2001) : 48–68. http://dx.doi.org/10.1111/1467-9515.00219.
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Jennings, Terri E., Barbara A. Lucenko, Robert M. Malow et Jessy G. Dévieux. « Audio-CASI vs interview method of administration of an HIV/STD risk of exposure screening instrument for teenagers ». International Journal of STD & ; AIDS 13, no 11 (1 novembre 2002) : 781–84. http://dx.doi.org/10.1258/095646202320753754.
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Previous research conducted to examine the implications of using audio-computerized (A-CASI) procedures to gather sensitive sexual behaviour data has provided mixed results. The purpose of this study was to assess differences in the disclosure of HIV risk behaviours between subjects interviewed face to face and subjects interviewed using A-CASI procedures. An HIV/STD risk of exposure screening instrument was administered to 265 male and female adolescents in the juvenile justice system. T-test analyses revealed that adolescents assessed using A-CASI procedures endorsed fewer items on the HIV/STD screen than those interviewed by an assessor. In addition, those in the A-CASI group endorsed fewer items with explicit sexual or drug content and fewer subtle items. Results of this study suggest that A-CASI may not be suitable for use among adolescents in the juvenile justice system when assessing undesirable and/or illegal behaviours.
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Odem, Mary E., et Steven Schlossman. « Guardians of Virtue : The Juvenile Court and Female Delinquency in Early 20th-Century Los Angeles ». Crime & ; Delinquency 37, no 2 (avril 1991) : 186–203. http://dx.doi.org/10.1177/0011128791037002003.
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This article analyzes the origins and implementation of a policy and a formal institutional apparatus to discipline female delinquents in early 20th-century Los Angeles. The data derive from original case files of delinquent girls on whom petitions were filed in 1920. The authors seek to shed new light particularly on (a) the juvenile court's basic operations, (b) the social and institutional setting in which modern responses to female delinquency emerged, and (c) the characteristics of the girls petitioned to court. They conclude that the juvenile court held sway in the administration of female juvenile justice until the dawn of the modern women's movement.
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Baglivio, Michael. « Considering Race and Gender in the Validity of Juvenile Justice Risk ». Criminology & ; Public Policy 17, no 3 (août 2018) : 519–23. http://dx.doi.org/10.1111/1745-9133.12385.
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Miruktamova, Feruza. « JUSTICE FOR CHILDREN : NATIONAL LEGISLATION AND LEGAL ISSUES FOR ITS IMPROVEMENT ». Review of Law Sciences 6, no 1 (15 mars 2022) : 151–62. http://dx.doi.org/10.51788/tsul.rols.2022.6.1./wcyp6548.
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The article is devoted to the issues of national legislation concerning justice for children. The normative documents aimed at ensuring the rights of the child in the justice system, recommendations for improving national legislation taking into account the UN international standards on the administration of justice for children are analyzed. The norms of international UN standards have been studied in order to bring national legislation into line with them, legal issues of the introduction of the juvenile justice system, which is one of the most important areas of ensuring the rights of the child. It is noted that the introduction of this system will be facilitated by the presence of a special justice system for children, interaction with representatives of the social sphere for the reintegration and rehabilitation of children in conflict with the law. Conclusions have been drawn on the need for public explanatory work on the widespread use of mass media in forming public opinion about the features and advantages of juvenile justice, about negative cases of deprivation of liberty of children, as well as about the positive results achieved by the introduction of alternative types of dispute resolution measures in cases involving children in conflict with the law.
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Twain, David, et Laura Maiello. « Juvenile conference committees : An evaluation of the administration of justice at the neighborhood level ». Journal of Criminal Justice 16, no 6 (janvier 1988) : 451–61. http://dx.doi.org/10.1016/0047-2352(88)90077-3.
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Rasdi, Rasdi, Pujiyono Pujiyono, Nur Rochaeti et Rehulina Rehulina. « Reformulation of the Criminal Justice System for Children in Conflict Based on Pancasila Justice ». Lex Scientia Law Review 6, no 2 (20 décembre 2022) : 479–518. http://dx.doi.org/10.15294/lesrev.v6i2.58320.
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The writing of this paper aims to examine the policy of the criminal justice system for children in conflict with the law and reformulation of the criminal justice system for children in conflict with the Pancasila justice. The main problem in writing this paper is that why it is considered important to reform the criminal justice system for children in conflict with the law based on Pancasila justice? This study uses secondary data by analyzing the laws of the juvenile justice system in Indonesia and comparing them to the laws and regulations regarding the juvenile justice system in Greece and Yoslavia. The results of the study found that the age requirement for criminal responsibility for children is too low, namely 12 (twelve) years and the terms of diversion, that the threat of criminal acts that can be carried out by diversion and not repetition of criminal acts is not in line with the aim of diversion, namely to prosper and achieve the best interests of children such as recommended by the Convention on the Right of the Child and The Beijing Rules. Therefore, it is important to reformulate/reformulate immediately regarding these diversion requirements. The conclusion of this paper emphasizes the importance of reformulating the criminal justice system for children in conflict with the law (the criminal child) based on Pancasila justice.
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Phillippi, Stephen W., Joseph Cocozza et Debra K. DePrato. « Advancing Evidence-Based Practices for Juvenile Justice Reform Through Community Development ». Journal of Community Practice 21, no 4 (octobre 2013) : 434–50. http://dx.doi.org/10.1080/10705422.2013.849636.
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Ramneet Kaur. « A Study On The Rehabilitation Of Children In Dispute With The Law In India ». Legal Research Development 6, no IV (30 juin 2022) : 10–13. http://dx.doi.org/10.53724/lrd/v6n4.04.
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The world’s largest population of children resides in India. The Indian Constitution protects all children in the country have basic rights, and the administration is empowered to take specific measures for them. The Act governs children, sometimes known as Juveniles. This is referred to as violating the law inside the country. The fundamental purpose is to create a juvenile justice arrangement that would focus on reintegration. Its execution is the responsibility of the Department of Women and Child Development. Juvenile Justice Boards All legal rights of children will be respected in India, and actions will be done to protect them. Putting in the necessary effort to ensure their recovery and safety, which includes meeting their physical, psychological, and emotional requirements, societal expectations, and understanding the rehabilitation of youngsters in legal trouble is one of the study's goals.
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Aruin, S. E., R. V. Chirkina et E. Puetz. « Features of Legal and Social Policy of Germany Regarding "Young Grown-ups" with Migrational Background ». Psychological-Educational Studies 6, no 3 (2014) : 168–80. http://dx.doi.org/10.17759/psyedu.2014060317.
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The article explains the concept of "young adults" from the point of view of law enforcement and social practices in Germany, designed to help and support this population in legally relevant situations, such as criminal justice, prevention of illegal behavior and criminal involvement, problems of social integration. We provide a characteristic of the social and psychological characteristics of this group of young people, allowing to include them in the system of juvenile justice. We present the data on the nature of the crime of young adults, including those with a migration background, and on the kinds of social control and legal sanctions against them. We present models and the specific experience of working in state, municipal and non-governmental organizations with young adults in need of re-socialization and further integration into society. The comparative aspect of this problem is considered from the standpoint of the Russian legal and social policy for young adults in conflict with the law.
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MOAK, DANIEL S., et SARAH D. CATE. « The Political Development of Schools as Cause and Solution to Delinquency ». Journal of Policy History 34, no 2 (avril 2022) : 180–212. http://dx.doi.org/10.1017/s0898030622000057.
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AbstractThis article offers a comprehensive history of the development of the federal role in education and juvenile justice policy from the 1950s to the 1970s. We argue that the issues of juvenile delinquency and education became linked during this period and policies that were enacted reflected the belief that education was a solution to delinquency. In the mid-twentieth century, a broader variety of approaches to antidelinquency, such as public job creation for youth, began to fall out of favor and education became elevated as the primary policy area for addressing delinquency outside the criminal justice system. Policy makers frequently justified federal involvement in education by arguing that schools were central to antidelinquency efforts. Drawing educational institutions into the fight against delinquency made schools susceptible to the punitive turn in crime policy. Ultimately, these developments have introduced punitive policies into schools and pushed antidelinquency efforts away from broader structural reforms.
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Shulman, Elizabeth P., Jordan Bechtold, Erin L. Kelly et Elizabeth Cauffman. « Mental Health Screening in Juvenile Justice Settings : Evaluating the Utility of the Massachusetts Youth Screening Instrument, Version 2 ». Criminal Justice Policy Review 29, no 8 (7 juin 2016) : 849–72. http://dx.doi.org/10.1177/0887403416650250.
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Allocating limited mental health resources is a challenge for juvenile justice facilities. We evaluated the clinical utility of the Massachusetts Youth Screening Instrument, Version 2 (MAYSI-2)—an instrument designed to aid in this process—in three subsamples of justice-involved youth (ages 14-17): detained girls ( n = 69), detained boys ( n = 130), and incarcerated boys ( n = 373). For perspective, we compared its performance (in the incarcerated subsample) to that of the Youth Self-Report (YSR), a more widely-used screen. The MAYSI-2 subscales were moderately useful for detecting relevant diagnoses, and differences were observed across samples. However, as a general mental health screen, the MAYSI-2 performed well (and comparably to the YSR), correctly classifying 66% to 75% of youth. When used to differentiate youth with any and without any disorder, both instruments were effective. Given the MAYSI-2’s practical advantages over the YSR (lower cost, easier administration), it may be a better option for juvenile facilities.
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Paslavska, N. T. « The system of administrative courts of the Federal Republic of Germany : organization and functioning ». Uzhhorod National University Herald. Series : Law 2, no 81 (8 avril 2024) : 189–95. http://dx.doi.org/10.24144/2307-3322.2024.81.2.29.
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The article is devoted to the organization and functioning of administrative courts of general and special jurisdiction in the Federal Republic of Germany. Administrative justice in Germany is an independent branch of judicial power. It is represented by administrative courts of general and special jurisdiction and is separated from constitutional, general courts and courts of labor disputes.
The system of administrative courts of general jurisdiction in Germany covers three levels: the administrative courts, the higher administrative courts of the states and the Federal Administrative Court in Leipzig. The administrative court is the court of first instance for most administrative proceedings. The higher administrative courts of the federal states are the appellate and cassation instance of the administrative courts. Each federal state has a Supreme Administrative Court, the states of Berlin and Brandenburg share a Supreme Administrative Court, which, with the exception of Bavaria, Saxony- Anhalt and the city-states, are not located in the capital of the state to emphasize their independence from the administration in terms of location. Higher administrative courts are courts of first instance in cases of judicial review of laws and regulations, prohibition of associations by state bodies, and approval of implementation of certain infrastructure projects. The Federal Administrative Court, located in Leipzig, is the court of appeal and cassation on matters of law. The legislature also gave the Federal Administrative Court first-instance jurisdiction in public law disputes between the federal government and non-constitutional Länder, bans on mergers by the Federal Minister of the Interior or approvals for certain infrastructure projects. In these cases, the Federal Administrative Court has jurisdiction of both first and last instance.
A feature of administrative justice in Germany is the presence of special courts of administrative justice – financial and social courts with appropriate organization and functioning. The issue of the status of judges of administrative courts, non-professional judges, representatives of public interest, judicial administration, competence and jurisdiction was considered.
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Aidy, Widya Romasindah. « PERLINDUNGAN HUKUM TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM ». Jurnal Hukum Sasana 5, no 1 (14 mai 2020) : 21–44. http://dx.doi.org/10.31599/sasana.v5i1.90.
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Tujuan penulis meneliti mengenai bagaimanakah pelaksanaan pembinaan anak yang berkonflik dengan hukum sesuai prinsip yang terdapat dalam Standard Minimum Rules for The Administration of Juveniles Justice/Beijing Rules dan The United Nations Rules for The Protection of Juvenile Deprived of Liberty/JDL, adalah untuk mendeskripsikan sejauhmana pelaksanaan dan pembinaan terhadap anak yang berkonflik dengan hukum sesuai prinsip yang terdapat dalam Standard Minimum Rules for The Administration of Juveniles Justice/Beijing Rules dan The United Nations Rules for The Protection of Juvenile Deprived of Liberty/JDL dan untuk mengidentifikasi kendala-kendala yang dihadapi dalam pelaksanaan pembinaan anak berkonflik dengan hukum. Jenis penelitian ini merupakan penelitian hukum yuridis normatif dan yuridis empiris dengan karakteristik deskriptif yang bersumber pada data primer dan data sekunder. Sistem peradilan pidana anak telah mengkonstruksi hak-hak anak yang berhadapan dengan hukum (ABH) yaitu dengan tidak lagi diposisikannya anak sebagai objek dengan tujuan agar dapat terwujud peradilan yang benar-benar menjamin pelindungan kepentingan terbaik terhadap anak yang berhadapan dengan hukum sebagai penerus bangsa. Dalam penerapan prinsip mengutamakan kepentingan terbaik bagi anak, diperlukan proses penyelesaian perkara anak di luar mekanisme pidana atau biasa disebut diversi, dengan pendekatan keadilan restorasi. Mekanisme diversi dilakukan dalam semua jenjang peradilan pidana anak (dimulai dalam tahap penyelidikan/penyidikan di Kepolisian, diversi bisa juga dilakukan pada saat penuntutan, pada saat di Pengadilan, dan diversi bisa dilakukan pada saat tahap pelaksanaan putusan).
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Gilmore, Thomas N., et Ellen Schall. « Use of Case Management as a Revitalizing Theme in a Juvenile Justice Agency ». Public Administration Review 46, no 3 (mai 1986) : 267. http://dx.doi.org/10.2307/3110444.
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Agus, Sudirman, M. Taufik Makarao et Slamet Riyanto. « OPTIMIZATION OF HANDLING NARCOTIC CRIMINAL ACTIONS PERFORMED BY CHILDREN THROUGH THE DIVERSION PROCESS ». Jurnal Hukum Jurisdictie 5, no 1 (7 juillet 2023) : 100–116. http://dx.doi.org/10.34005/jhj.v5i1.119.
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Research on Optimizing the Handling of Narcotics Crimes Conducted by Children Through the Diversion Process aims to determine the diversion setting in the laws and regulations, to identify and analyze the implementation of diversion against children who are perpetrators of narcotics crimes based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, to find out what obstacles occur in handling child narcotics crimes in the diversion process. The approach that will be used is the empirical juridical/sociological juridical approach. In conducting the research, the writer will use descriptive analytical research method. The types of data used in this study are primary data and secondary data obtained from searching for definite data based on the results of data searches or interviews with parties concerned with this research and also from the literature. Methods of data collection using library research (Library Research). The data analysis method used is descriptive-qualitative analysis method. The results of this study are that diversion regulation in Indonesia begins with the idea of diversion in international law which is proclaimed in the SMRJJ (The Beijing Rules) as an international standard in the administration of juvenile criminal justice. 2012 on the Juvenile Criminal Justice System. The process of implementing the diversion carried out by investigators is guided by Article 7 paragraph (1) of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. As for the obstacles in the process of implementing the diversion of narcotics abuse crimes committed by children are: the lack of parental care will hinder the diversion process; lack of parental care also makes it difficult for investigators to obtain the child's identity; limited time for arresting children for the purpose of investigation; absence of parents; if what is caught is a homeless child, it will be difficult for investigators to obtain the identity of the child; lack of understanding of diversion efforts.
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Ajgaonkar, Mihir, Keith D’Souza et K. P. Asha Mukundan. « Resource cell for juvenile justice : challenges of motivation of social workers ». Emerald Emerging Markets Case Studies 10, no 1 (9 avril 2020) : 1–18. http://dx.doi.org/10.1108/eemcs-11-2018-0256.
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Learning outcomes The learning outcomes are as follows: understanding issues involved in the employee motivation, particularly those engaged in social change and development in emerging economies; develop insights into how to motivate team members by drawing on relevant theories of motivation; and orient students towards the application of these theories in the organization. Case overview/synopsis Resource cell for juvenile justice (RCJJ) was initiated as a field action project at the centre for criminology and justice, Tata Institute of Social Sciences with the objective of working on issues of children with a special focus on juveniles in conflict with law (JCL). RCJJ aimed at highlighting the socio-legal issues of juvenile children who were in conflict of law providing aid to these children and their families, and working towards their eventual social reintegration. RCJJ also trained stakeholders in the juvenile justice system and facilitated rehabilitation and social integration of JCLs as directed by the juvenile justice boards (JJBs). RCJJ had teams at six places within India. These teams worked with various government institutions, parents and JCLs to eventually effect change in the conditions of JCLs. The social workers engaged by RCJJ had a challenging task of facilitating social integration of the children, in coordination with the police, JJBs, families and lawyers. They had to actively manage help desks at the judicial observation homes where JCLs were housed. The social workers were under great stress because of antagonism from lawyers and police. The JJBs were prejudiced against them for being “outside watchdogs”. This resulted in high demotivation and attrition among employees. Jyoti Mhatre, project manager, interviewed past and present field workers to gauge the extent and reasons for demotivation. This intervention highlighted the positive and negative aspects of the organizational culture and the stress points that were causing demotivation. The situation was alarming and Jyoti had to develop an action plan to improve the motivation of the social workers to bring down the attrition. Complexity academic level Courses in human resource management, organizational behaviour and general management as part of masters-level programmes in business administration and management, and executive development programmes on employee motivation for middle/senior management. Supplementary materials Teaching Notes are available for educators only. Subject code CSS 6: Human resource management.
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Pshava, Veronika Viktorovna, Irina Andreyevna Babenko, Vyacheslav Vitalievich Pletnev, Aleksandr Borisovich Sokolov et Julia Vladimirovna Sadikova. « Trends in developing the jury institution in the Russian Federation ». LAPLAGE EM REVISTA 7, Extra-C (21 juin 2021) : 118–24. http://dx.doi.org/10.24115/s2446-622020217extra-c993p.118-124.
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The article considers various forms of participating in the administration of justice in criminal cases in the constituent entities of the Russian Federation, the Federal Republic of Germany and the United States of America. A 30-year long development of the jury institution in Russia and its active reforming since 2016 necessitate a scientific analysis of various forms of people's participation, identification of their features, positive and negative experience. Despite the expanded jurisdiction of the jury considering criminal cases, the introduction of this institution at the level of district courts and the reduction of jury members, there is an acute issue of forming jury boards (the unwillingness of citizens to participate in the administration of justice) and a large number of repealed sentences passed in this form of legal proceedings. The positive experience of other democratic federal states can serve as an example of ensuring the functioning of the jury institution in Russia.
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Samoilenko, Olena. « At the sources of Ukrainian Juvenile Justice : Valery Levitsky and Yuriy Novitsky – founders of the Kiev court for minors ». Yearly journal of scientific articles “Pravova derzhava”, no 33 (septembre 2022) : 247–55. http://dx.doi.org/10.33663/1563-3349-2022-33-247-255.
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The idea of the birth of courts for children originated in Australia, but it was widely known in 1899 in the United States. The main idea was to replace the reprisals for the birth of children, as if they had committed a malice, a wrongful-vichalic beginning. To have good indications that the idea was transferred in 1904 to Western Europe – back to England, then to Germany, France and in 1910, as an experiment, this was implemented in Russia in the city of St. Petersburg. For the results of the activity of a special court for juveniles in St. Petersburg, it was ruled out that people would come to the court to order such a court in Kiev. The process of organizing the court dragged on for a long time. Until the fi rst September of 1913, the project of splitting and making submissions to the Kiev Star of the World Judges. After that, with insignifi cant changes in the vins of fi lings to the 1st Department of the Ministry of Justice. In early 1913, the Ministry of Justice praised the project, and on September 7, 1914, the Kyiv City Court of the World Courts praised the courts of minors accused and minor victims in an open court. All right, they were seen and entrusted to the additonal justice of the peace. On September 7, 1914, the Kiev City Hall of the World Judgment made a decision to appoint a young, talented, accomplished justice of the peace, Valeriy Mikhailovich Levitsky, to the tenure. The article deals with the life and creative path of outstanding but little – known lawyers, active members of the Society of Kiev patronage, founders of the Kiev court for minors-Valery Mikhailovich Levitsky and Yuri Petrovich Novitsky. A general overview of their offi cial careers, their role and place in the formation of the Ukrainian juvenile justice system is presented. Their steady energy in achieving their goals and amazing hard work are shown. Key words: Society Kiev patronage, Kiev court for minors, additional Justice of the peace, justice of the peace, minors.
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Shergaziev, Chyngyz. « REVIEW OF DIGITALIZATION IN THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC : ACHIEVEMENTS AND PLANS ». Alatoo Academic Studies 23, no 1 (30 janvier 2023) : 452–59. http://dx.doi.org/10.17015/aas.2023.231.42.
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The article examines the current aspects of development of constitutional justice in the context of digitalization; the processes and prospects of using new information technologies in the activities of the Constitutional Court of the Kyrgyz Republic, the issues of establishing a digital justice, development of legislation and judicial practice reflecting the processes of implementation of digital technologies in judicial activity, as well as the limits and further development of digitalization of constitutional justice. Today, digital transformation makes it possible to bring public administration to the level of maximum transparency, accessible to citizens. During the pandemic, it made it possible to successfully resolve many issues of interaction between citizens and the state in a remote format. Its development will continue further. This paper was presented at the International Scientific and Practical Conference “E-justice: Challenges and Opportunities in the Digital Era” (September 26-27, 2022, v. Sary -Oi, Issyk-Kul region, Kyrgyzstan) and published with support of Volkswagen Foundation (Germany).
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Schlesinger, Kinga. « Zapobieganie prawicowemu ekstremizmowi i jego zwalczanie na przykładzie Niemiec ». Rocznik Polsko-Niemiecki, no 19 (29 avril 2011) : 168–90. http://dx.doi.org/10.35757/rpn.2011.19.08.
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The article scrutinises the issue of right-wing extremism in Germany in recent years. The analysis leads to the conclusion that this problem is gathering in force in the UE while in Germany it is tending to diminish. The anti-extremism actions undertaken in Germany are so significant that they may provide a sui generis model for the other EU states and the European Commission to follow. The article describes, how right-wing extremism is prevented and countered, in particular as exemplified by Germany. Anti-extremist actions are carried out with regard to various entities and in various fields, namely, legislation, justice, administration, education, the media and NGOs. The article provides a review of anti-extremism strategies applied by the state bodies to the extreme right-wing parties, from marginalising them, in the case of Germany, to accepting them into ruling coalitions, in the case of Austria. The author’s considerations lead her to the conclusion that the main target groups in anti-extremist actions should be the youth and journalists.
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Buker, Hasan, Sebahattin Gultekin et Alper Akgul. « Expected functions of an effective child justice system administration ? A framework developed through a qualitative study in Turkey ». Journal of Human Sciences 16, no 1 (7 février 2019) : 87. http://dx.doi.org/10.14687/jhs.v16i1.5452.
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Research problem / aim: Turkey initiated its first specialized child court in 1987, but the most visible improvements towards establishing child-specific judicial procedures were only achieved in 2005, when the Child Protection Law (CPL) became effective. This Law required the involvement of several agencies in both providing protection for children and adjudicating them when they were involved in delinquency. After this Law was enacted several comprehensive projects were carried out, different institutions were established, and different legal and policy changes took place to maintain the effective administration of child justice procedures. Yet, practical observations of these different stake holders indicated that a useful, productive, and cohesive system in coordinating these various agencies involved in the child justice system procedural processes was not fully achieved as of 2016. The primary objective of this study was to develop a framework on how an effective child justice administration system should be established and what kinds of functions it should carry out in Turkey.Method: This study, first of all, provides an analysis of the existing practices and procedures of the various agencies involved in administering child justice procedures through a series of systematic observations, as well as focus group and in-depth interviews with key informants.Findings: The findings of this study yielded propositions on the general principles, functions, and the bureaucratic nature of such system that can increase the overall effectiveness of the outcomes of the juvenile justice processes.Conclusion: This study concludes with a discussion of how the study findings should be utilized in both the Turkish and international contexts.
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Nurmalawaty, Nurmalawaty. « Penyelesaian Perkara Pidana Anak Melalui Diversi sebagai Bentuk Perlindungan Bagi Anak ». Talenta Conference Series : Local Wisdom, Social, and Arts (LWSA) 1, no 1 (17 octobre 2018) : 079–84. http://dx.doi.org/10.32734/lwsa.v1i1.146.
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Ide Diversi pada awalnya dicanangkan dalam United Nation Standard Minimum Rules for the Administration of Juvenile Justice atau dikenal dengan The Beijing Rules. Diversi merupakan pemberian kewenangan kepada aparat penegak hukum untuk mengambil tindakan atau kebijaksanaan dalam menangani atau menyelesaikan masalah pelanggar anak dengan tidak mengambil jalan formal, misalnya dengan menghentikan atau tidak meneruskan/melepaskan dari proses peradilan pidana. Dengan diundangkan Undang-undang Nomor 11 tahun 2012 tentang Sistem Peradilan Pidana Anak pada tanggal 30 Juli 2012, dan mulai berlaku 2 tahun kemudian, maka Indonesia secara sah sudah memiliki suatu peraturan yang memberikan perlindungan hukum terhadap anak yang berhadapan dengan hukum dengan salah satu metodenya adalah Diversi. Selanjutnya sebagai Peraturan Pelaksana dikeluarkannya Perma Nomor 4 tahun 2014 tentang Pedoman Pelaksanaan Diversi Dalam Sistem Peradilan Anak, dan Peraturan Pemerintah Nomor 65 tahun 2015 tantang Pedoman Pelaksanaan Diversi dan Penanganan Anak yang Belum Berumur 12 tahun. Pada prinsipnya Diversi dengan pendekatan keadilan restoratif untuk memberikan jaminan perlindungan hukum terhadap anak yang berhadapan dengan hukum untuk menghindari stigmatisasi terhadap anak serta diharapkan anak dapat kembali ke dalam lingkungan social secara wajar. Keadilan Restoratif adalah suatu proses dimana semua pihak yang terlibat dalam suatu perkara pidana bersama-sama menyelesaikan masalah serta menciptakan suatu kewajaran untuk membuat segala sesuatunya menjadi lebih baik dengan melibatkan korban, anak dan masyarakat dalam upaya mencari solusi memperbaiki dan menentramkan hati dengan tidak berdasaarkan pembalasan.
The idea of Diversion was originally proclaimed in the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, otherwise known as The Beijing Rules. Diversion is the granting of authority to law enforcement officials to take action or policy in handling or resolving problems of child offenders by not taking a formal path, for example by stopping or not continuing / releasing from the criminal justice process. With the enactment of Act No. 11 of 2012 concerning the Child Criminal Justice System on 30 July 2012, and entered into force 2 years later, Indonesia has legally established a regulation that provides legal protection for children facing the law, with one of its methods called Diversion. Furthermore, as the Implementing Regulation, the issuance of Supreme Court Regualtion No. 4 of 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Justice System, and Government Regulation No. 65 of 2015 concerning The Guidelines for the Implementation of Diversion and Handling of Children Under 12 Years Old. In principle, Diversion with a restorative justice approach is to guarantee legal protection for children facing the law to avoid stigmatization of children and it is expected that children can return to the social environment fairly. Restorative Justice is a process where all parties involved in a criminal case together solve a problem and create a fairness to make things better by involving victims, children and the community in an effort to find solutions to improve and reassure by not responding to retaliation.
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James Dominic Shalom Sithole. « Impeding factors hindering juvenile offenders’ access to pretrial diversion services in Zimbabwe : study of St Marys, Chitungwiza Urban Centre Zimbabwe ». People Centred – The Journal of Development Administration 8, no 2 (30 juin 2023) : 47. http://dx.doi.org/10.4314/jda.v8i2.5.
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This paper aims at exploring the antecedent factors affecting access to Pre-Trial Diversion (PTD) services by juvenile offenders from high density suburbs in Zimbabwe with particular focus on St Marys high density suburb. Having been tailor made to suit these offenders’ core rights and needs, this program seeks to promote preventive, protective, rehabilitative, reformatory and restorative justice among young offenders. This is achieved through diverting them from the formal criminal justice system that is firmly hinged on punishment, incarceration and prosecution. To this effect, out of 156 administrative districts, Chitungwiza District was selected for this study because of proliferating cases of juveniles’ incarcerations and prosecutions besides it being the oldest and first district to host this program. This paper’s key objectives thus, are to profile the PTD program as a tool to access restorative justice, assess the factors or barriers behind juvenile offenders’ failure to access diversion services and finally, to suggest possible intervention measures to improve access to the aforementioned services. Thus, the restorative justice theory informed this study as it advocates and sets parameters for the establishment of a child-friendly justice system. Again, this study adopted the qualitative research approach and more so, case study design informed this study. To this end, data were collected from participants using a combined set of data collection methods. These methods include documentary review of three reports from Justice for Children Trust (JCT), the Ministry of Justice, Legal and Parliamentary Affairs and UNICEF accordingly. Seven (7) in-depth and five (5) key informant interviews of young offenders and key professionals (within the diversion committee) respectively were also conducted. The study also conducted two (2) focus group discussions with firstly, key stakeholders with a bearing in juvenile justice promotion and secondly, with young offenders for rich and comparative insight. Submissions from participants revealed that there are seven (7) diversion options provided for juvenile offenders including counselling, victim-offender mediation, group conferencing, reparation, community service among others. Regardless of the existence of these options, the findings established that, most of these juveniles lacked the impetus to access diversion services due to a myriad of socio-economic, politico-legal, physical and religio-cultural barriers. These factors generally include limited diversion options, resource constraints, shortage of skilled labour, knowledge, poor involvement of significant others, poor infrastructure, beliefs and perceptions about the causes of juvenile offending, lack of political will and the absence of the Child Justice Act. Cognisant of these barriers to this end, it was recommended that there is need to expedite the enactment of the Child Justice Bill in particular, increase awareness raising on children’s rights, build capacity building among key stakeholders coupled with decentralizing the program while increasing participation of parents or guardians in diversion processes. How to cite this article using ASWNet style Sithole, J. D. S. (2023). Impeding factors hindering juvenile offenders’ access to pretrial diversion services in Zimbabwe: study of St Marys, Chitungwiza Urban Centre Zimbabwe. People centred – The Journal of Development Administration (JDA), 8(2), 47. Social Work and Development Student Conference (SWDSC), 16 June 2023. https://dx.doi.org/10.4314/jda.v8i2.5 Conference Abstract Social Work and Development Student Conference (SWDSC), Held on 16 June 2023, Day of the African Child (DAC), Organised by Africa Social Work and Development Network (ASWDN). Conference Organising Committee: Danzel Rademan, University of the Free State, South Africa (Chairperson); Atuhairwe Collins, Student, Master of Social Work, Makerere University, Uganda (Vice-Chairperson); Never Winnie James Sebit, South Sudan; Bachelor in Social Work, RCSS, India (Secretary); Tatenda Sukulao, Bachelor of Social Work, Midlands State University, Zimbabwe (Vice-Secretary); Norman T. Manyika, Student, Bachelor of Social Work, University of Zimbabwe (Committee member) & Takudzwa Banda, Bachelor of Social Work, University of Zimbabwe (Committee member). Visit journal website: https://jda.africasocialwork.net
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Kennedy, Tom D., W. Alex Edmonds, Danielle H. Millen et David Detullio. « Chronic Juvenile Offenders : Exploring Risk Factor Models of Recidivism ». Youth Violence and Juvenile Justice 17, no 2 (1 mai 2018) : 174–93. http://dx.doi.org/10.1177/1541204018770517.
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This study examined the relationship between known risk factors for youthful offenders and rates of recidivism using Poisson regression models. The sample consisted of 564 male and female juvenile offenders referred to the Juvenile Court Assessment Center (JCAC) by the Juvenile Justice Division of the Eleventh Judicial Circuit of Miami-Dade County. First, data from a clinical interview and the administration of the Wide Range Achievement Test were factor analyzed. Six factors were found to be statistically significant based on a parallel analyses. Neighborhood factors explained the largest amount of variance followed by peer influence, family functioning, gang involvement, substance use, and academic achievement. These six domains were analyzed in separate Poisson regression models. Family-wise error rate was controlled with Bonferroni adjustments. Each model predicting number of arrests from academic performance, substance use, peer influence, gang involvement, and neighborhood factors were statistically significant. The final model including all variables across the six domains indicated good fit, χ2(14) = 201.260, p < .001. Implications stemming from these findings are discussed.