Juvenile Justice Administration Research Articles

Фактические основания производства выемки

The article emphasizes the necessity of using confidentiality as generally recognized principle in administering juvenile cases in criminal proceeding. The analysis of international legal acts, particularly, United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), showed that the right of juvenile offenders to confidentiality should be observed at all stages of criminal proceedings. The author of the article showed that confidentiality is also expressed in the denial the third party’s access to the juvenile cases files and prohibition to publish the information about juvenile criminal cases in the media. The comparative analysis of the “Beijing Rules” and the Russian Federation Code of Criminal Procedure concerning juveniles made it possible to conclude that the right of juvenile to confidentiality is not protected by the Russian law. It is assumed that the confidentiality in juvenile cases legislated, the legal defense of the juvenile rights in legal proceeding could increase.DOI 10.14258/izvasu(2015)2.1-18

Post-traumatic stress symptoms among juvenile offenders in nigeria: implications for holistic service provisioning in juvenile justice administration.

There is hardly any study examining exposure to traumatic events and post-traumatic stress disorder (PTSD) among juvenile justice populations in Nigeria or any part of sub-Saharan Africa. We examined the prevalence and trauma determinants of PTSD among a cohort of juvenile justice inmates in Nigeria, compared with a cohort of school-going adolescents. Ninety percent (90%) of the juvenile justice inmates reported exposure to at least one lifetime traumatic event with higher mean incident events, compared with 60% among the comparison group (p=.001). Juvenile justice inmates had significantly higher prevalence rate of current and lifetime PTSD than the comparison group (current: 5.8% vs. 1.4%; lifetime: 9.7% vs. 2.8%, p<.05). Mean incident traumatic event was statistically significantly higher among juvenile justice inmates who had PTSD. Posttraumatic stress symptoms are common among adolescents coming in contact with the juvenile justice system. Implications for holistic service provisioning in juvenile justice administration are discussed.

Serving the Best Interests of the Child? Judicial Decision Making Regarding Pre-Trial Detention in the Dutch Juvenile Justice System

The Netherlands has become a leading country in Europe as far as the use of pre-trial detention of juveniles is concerned. This gives rise to seriously question whether the application of pre-trial detention in the Dutch juvenile justice system is in compliance with the fundamental children’s rights principle that in all decisions taken within the context of the administration of juvenile justice, the best interests of the child should be a primary consideration. Given that Dutch law does not provide any guidelines for judicial decision makers about how to deal with the 'best interests of the child' principle, the objective of this paper is to reflect on the meaning and implications of this principle with respect to the judicial decision making process regarding pre-trial detention of juveniles in the particular context of Dutch juvenile justice. In doing so, this paper aims to make a contribution to the enhancement of compliance of the application of pre-trial detention to juveniles in Dutch practice with this core children’s rights principle.

The United Nation Convention on the Rights of the Child: Are Children 'In Conflict with Law' Really Protected? A Case Study of Republic of Albania's Juvenile Justice System

This thesis aims to provide a systematic and comprehensive analysis of the implications of the UN Convention on the Rights of the Child (CRC) with regard to the administration of juvenile justice in Albania. The central questions addressed are what overall approach does the CRC, as the guiding framework, adopt towards children in conflict with the law; what overall approach does Albania adopts towards children in conflict with the law; and what does being part of the juvenile justice system mean for a young Albanian person? Mixed methods are utilised to analyse research and provide a theoretical working basis of the thesis. As such, a detailed legal analysis of the available literature, CRC, and other relevant international instruments was performed in order to ascertain the international standards and norms applied to the juvenile justice system. Examining juvenile justice in Albania involved in-depth policy and legal analysis of domestic legislation and policy papers relating to juvenile justice, in addition to shedding light on the policymaking process and local implementation itself through qualitative interviews at the Ministry of Justice in Albania and child-oriented local and international NGOs. These were combined with survey results to provide a more rounded picture concerning both the formal aspects of the system and the reality as experienced by those subjected to it. The general conclusion of the thesis is that the present juvenile justice in Albania fails to implement, in full, the articles of UN Convention on the Rights of the Child and UN Norms on Juvenile Justice. No diversionary measures from the criminal justice system are available to children in conflict with the law. The juveniles are tried at juvenile sections of courts under the same procedure and conditions that apply to adult offenders. There is a lack of a childoriented approach on alternative measures to deprivation of liberty, the effective implementation of which is currently not supported by the institutional mechanisms. Similarly, the penitentiary system dealing with children deprived of liberty, whilst violating juvenile rights, fails to comply with juvenile reintegration and the juvenile assuming a constructive role in society. The study concludes by proposing a set of recommendations and actions for implementing international standards, concerning domestic legislation and enforcement, including awareness raising and training.

Legal Commentary ‘A Sorry Tale’: Forcible Physical Restraint of Children in Custody

The author discusses forcible physical restraint of children who are in government custody in Great Britain. He explores the juvenile justice administration dilemma faced by Secure Training Centres (STCs), a detention facility in England and Wales introduced by the Criminal Justice and Public Order Act (CJPOA) 1994. Moreover , he says that trainee who is in custody of STCs will only be subjected to physical restraints as the last choice in preventing him/her from inciting another trainee. KEYWORDS: Juvenile justice; Juvenile delinquency

Alternatives to Detention for African American Adolescents with Substance Use and Co-occurring Disorders

Juvenile justice services, disproportionate minority contact, and alternatives to detention for African American adolescents with substance use and co-occurring disorders continue to be areas of concern for juvenile justice, substance abuse, and mental health administrators. Additionally, salient is the question regarding the purpose of the juvenile justice system. Whether its focus is “punishment or rehabilitation” affects outlook, services, approaches, and outcomes. This article examines disproportionate minority contact and alternatives to detention for African American adolescents with substance use and co-occurring disorders along with evidence-based and community-based alternatives to detention.

A Critical Appraisal of the Juvenile Justice System under Cameroon's 2005 Criminal Procedure Code: Emerging Challenges

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&nbsp; range of groups were consulted, including criminal justice professionals, children&rsquo;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&nbsp; understanding of juvenile crime.KEYWORDS: Juvenile justice; Criminal Procedure Code; Cameroon

Juvenile Justice System Ordinance 2000

This powerpoint presentation, on the juvenile justice law, has been made, time and again, at the Federal Judicial Academy, Islamabad by the author. It provides an insight into the juvenile justice system as working in Pakistan and what are its characteristics. What particular rights are protected under this law? How the juveniles are saved from unnecessary incarcerations and what impact therapeutic jurisprudence has over the administration of juvenile justice. The importance resources, including leading case law from Pakistan, are also mentioned at the end of the presentation. This presentation mentions the leading case law on issue of determination of age of juvenile and how the courts have to take up this matter at the very initial stage of trial. It will be beneficial to all judges, magistrates, lawyers, court administrators and law school teachers to have a bird's eye view of the law.

Trauma Exposure and PTSD in Justice-Involved Youth

This special issue of Child and Youth Care Forum includes four original research reports that build on the field’s knowledge of trauma stress exposure and PTSD in justice-involved youth. Utilizing diverse methodologies, study authors report unique results investigating important questions related to screening and assessment of justice-involved populations, the potential linkage between violence exposure and violence perpetration, and the complex relationships between trauma exposure in childhood and specific problematic offending behaviors. Each article includes specific clinical implications and recommendations for future research to provide useful information to juvenile justice administrators, mental health professionals, and researchers involved in the care and management of trauma exposed youth within the juvenile justice system. This introduction provides an overview of how empirical studies of the nature and sequelae of traumatic stress exposure are currently a focus for research and services in the juvenile justice field, highlighting how the articles in the Special Issue exemplify the progress to date, and promise for the future, of several lines of research involving psychometrics, health and correctional services, and clinical epidemiology.

The right to counsel in juvenile court

Research Summary The U.S. Supreme Court in In re Gault granted delinquents the right to counsel in juvenile courts. Decades after Gault, efforts to provide adequate defense representation in juvenile courts have failed in most states. Moreover, juvenile justice administration varies with structural context and produces justice‐by‐geography. In 1995, Minnesota enacted juvenile law reforms, which include mandatory appointment of counsel. This pre‐ and post‐reform legal impact study compares how juvenile courts processed youths before and after the statutory changes. We assess how legal changes affected the delivery of defense services and how implementation varied with urban, suburban, and rural context. Policy Implications We report inconsistent judicial compliance with the mandate to appoint counsel. Despite unambiguous legislative intent, rates of representation improved for only one category of offenders. However, we find a positive reduction in justice by geography, especially in rural courts. Given judicial resistance to procedural reforms, states must find additional strategies to provide counsel in juvenile courts.

Kariong Juvenile Correctional Centre: countless contraventions of international law

International law demands that children in detention be treated in a manner different to adults and when confined should have access to specialised programs and support workers to cater for their developmental needs. These fundamental principles along with others were ignored by the decision in November 2004 to transfer the management of Kariong, the maximum security detention centre housing children, from the Department of Juvenile justice to adult correctional services. Years later, the rights of children continue to be ignored in New South Wales, Australia.This article explores children's rights in the context of international law, and provides a detailed analysis of possible contraventions relating to the operations of Kariong Juvenile Correctional Centre. It discusses the historic background of Kariong, the nature of the transfer of management and the punitive consequences of the decision. The article postulates that the NSW Government's actions with respect to Kariong were hasty and responsive to media pressure and ignored comprehensive research which could have avoided such drastic changes. The article concludes with some law reform suggestions to counter this regrettable change in policy and practice.The objective of training and treatment of juveniles placed in institutions is to provide care, protection, education and vocational skills, with a view to assisting them to assume socially constructive and productive roles in society.— Rule 26.1, United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 29 November 1985

Probation and Parole as Methods of Mainstraiming Criminals: A Socio-Legal Analysis from Indian Perspective

Modern Criminal Jurisprudence recognizes that criminals are not born but made, since when a crime occurs it takes place due to culmination of variety of factors and that a good many crimes are the result of socio-economic milieu. Thus modern laws try to reform criminal in order to control crime. This paper would like to enlighten reader about the economic and jurisprudendential analysis behind prison reforms in the form of probation and parole. The author would analyse teh situation from emerging concepts like juvenile justice administration in lights of international documents like the 'Beijing Rules' etc. The main focus would be a comprehensive analysis of jail reformatory system in India from a comparative perspective.

Psy-knowledge, history and the sociology of law

This article examines the application of the psy-sciences to the conduct of juvenile justice in Victoria in the period 1940—80, in order to reassess assumptions in contemporary sociology of law concerning psy-knowledge and judicial administration, welfare and justice, and their relations to liberal or conservative political mandates. It seeks to understand the implications of shifts in the production of knowledge of the child in the justice system, by reporting on analysis of both clinical and administrative files of the Children's Court Clinic in this period. The article documents how particular kinds of offenders became known in order to be properly managed, and questions the extent of separation between science and juvenile justice administration.

Has Welfarist Criminology Failed? Juvenile Justice and the Human Sciences in Victoria

In the present context of “get tough on crime” and “back to criminal justice” campaigns that continue to dominate political agendas throughout Australia, critics point to the inadequacy of “welfarist” or reformist criminological and sociological theories that have informed interventions in the past and reinforce the need for “retributive justice” models of penal policy. The present paper examines historical evidence on the role of the human sciences in juvenile justice administration during the 1940s, a formative time when psychiatric, psychological, and social work expertise came together in the form of the Children's Court Clinic in Victoria. It suggests that contemporary critiques about the failure of the welfare model of juvenile justice inadequately capture the historical functioning of expertise in justice administration and the real extent to which the welfare model as “actual rehabilitative intervention” was ever implemented.

Cops and Kids: Policing Juvenile Delinquency in Urban America, 1890-1940

Although scholars have written about the “policing” of juvenile delinquency in a Foucauldian sense, the police themselves have been largely absent from historical investigations into the rise of modern juvenile justice. The scarcity of sources on the police helps to explain that absence, while it also highlights how truly ambitious this book is. David B. Wolcott strove to tell “a national [story] about what happened on a neighborhood and street level” (p. 3). He mined an impressive range of primary sources, including life histories and police department, juvenile court, and corrections records, to study the interactions between police officers and minors from 1890 until 1940 in Chicago, Detroit, and Los Angeles. The result is a clearly written, fresh interpretation of the development of American juvenile justice that shifts the focus from courtrooms to the streets and station houses in order to open “a historical window for seeing how social change affected the regulation of behavior” in urban environments (p. 198). Moreover, his findings offer empirically grounded answers to some of the most elusive and controversial historical questions about juvenile crime and punishment from the Progressive Era until World War II, including the significance of race in the administration of juvenile justice. For instance, Wolcott discovered that the Los Angeles Police Department targeted minority youth, but its juvenile court “treated delinquents of all races with relative evenhandedness” (p. 188).

Critical factors in mental health programming for juveniles in corrections facilities.

Abstract Juveniles with mental health and other specialized needs are overrepresented in the juvenile justice system, and while juvenile corrections have not historically provided standardized and evidence-based mental health services for its incarcerated youth, the demand is evident. The reality is that juveniles with serious mental illness are committed to youth corrections facilities and justice systems generally do not have the capacity to provide effective mental health care. However, juvenile corrections are aware of the serious refractions involved and are exploring effective interventions. This involves examining the critical components of treatment and implementing promising youth correction programs for juveniles who are incarcerated. The authors review critical treatment factors involved in the mental health care of youth and provide recommendations to the field to further develop promising institutional programs. Keywords: Juvenile, Mental Illness, Dialectical Behavior Therapy (DBT), Mode Deactivation Therapy (MDT), Family Integrative Transition (FIT), Aggression Replacement Training (ART), Thinking For a Change (TFAC), Motivational Enhancement Therapy (MET) Introduction Juvenile offenders with mental illness are a serious concern for juvenile correctional systems. There has been a steady increase of this population throughout the decade of the nineties (Teplin & McClelland, 1998; Timmons-Mitchell, et al., 1997). In 2003 about 2.3 million youth under the age of 18 were arrested and over 130,000 were placed in detention and juvenile correctional facilities (Cocozza, Trupin, & Teodosio, 2003). Concurrently there has been a significant increase in the number of juvenile offenders who have been diagnosed with mental illnesses and substance use disorders (Cocozza, 1997; Faenza & Siegfried, 1998; Libert & Speigler, 1990; Timmons-Mitchell, Brown, Schulz, Webster, Underwood, & Semple, 1997; Teplin, Abram, McClelland, Dulcan, Mericle, 2002; Villani, 1999 & Wasserman, Ko & McReynolds, 2004). Between 50 to 75 percent of all juvenile who enter the justice system has diagnosable mental health issues (Coalition for Juvenile Justice, 2000). The minority population in the juvenile justice system has gone unnoticed. Juvenile offenders who are at risk to maltreatment and negligence among those with mental health disorders are females and African-Americans. Females in the justice system have had their treatment needs overlooked and minimized. Females have higher rates of mood disorders, substance use, sexual abuse, and physical abuse (Timmons-Mitchell, et. al., 1997 & Teplin, et. al., 2002). Furthermore, African-American youth are twice as likely to be arrested and seven times as likely to be placed in youth corrections facilities compared with Caucasian youth. There is a minority overrepresentation, a disproportionate minority confinement, and an under utilization of mental health service identification and implementation. The former refers to the harsher treatment of minorities in comparison to their corresponding Caucasian by the juvenile justice system. The latter is a subset involving only the harsher treatment of minorities detained at secure facilities during pretrial and post-dispositional stages. It is clear that all juveniles with mental health and other specialized needs are overrepresented in the juvenile justice system (Otto, 1992; Teplin, et. al., 2002 & Timmons-Mitchell, et al., 1997). Juvenile justice administrators are faced with the multifaceted problems that arise when dealing with juveniles with serious mental illness. Although the literature on dealing with juvenile offenders with mental health issues is limited, juvenile justice administrators and mental health providers must be flexible in their responses. There has been a shift in the delivery of mental health services from residential and community-based care to the treatment of the serious mentally ill juvenile offender. …

The Japanese adversary system in context: controversies and comparisons

Notes on the Contributors Preface M.M.Feeley & S.Miyazawa Introduction: An Unbalanced Adversary System-Issues, Policies, and Practices in Japan, in Context and in Comparative Perspective S.Miyazawa Adversarial Legalism and American Criminal Justice R.A.Kagan Reflections on Japan's Cooperative Adversary Process D.Foote The Role of the Defence Lawyer in the Japanese Criminal Process M.Murayama The Bench, the Bar and the State: Judicial Independence in the Japan and the United States M.M.Feeley Effective Adversaries for the Poor R.A.Hanson, B.J.Ostrom & A.M.Jones Adversarial Procedure Without a Jury: Is Japan's System Adversarial, Inquisitorial, or Something Else? S.Shinomiya The Miranda Experience in Japan T.Takano Plea Bargaining in Japan D.Johnson Witness Immunity and Bargain Justice: A Look at the Japanese Concept of the Adversary System M.Inouye Critical Issues in the Law-Making Policy of Japanese Criminal Procedure: The Wiretap Act and the Adversary System at the Pre-trial Stage T.Murai Miranda , Confessions, and Justice: Lessons for Japan R.A.Leo The Administration of Juvenile Justice in Japan: Focus on Adversarial Justice N.Araki European Trends Toward Adversary Styles in Criminal Procedure and Evidence G.V.Kessel Appendix Index

Book Review: Readings in Juvenile Justice Administration

Book Review: Readings in Juvenile Justice Administration

The Theme Day of the Committee on the Rights of the Child on the administration of juvenile justice

The Theme Day of the Committee on the Rights of the Child on the administration of juvenile justice

Legal Challenges Facing Lesbian and Gay Youth

Legal constraints on minors can be especially problematic for lesbian and gay youth, who frequently lack support from their families and from school authorities, and whose circumstances are often misunderstood or disregarded by authorizes throughout the juvenile system. Legal mechanisms exist or can e crafted to meet the needs of lesbian and gay youth who have been rejected by their families of origin. School welfare and juvenile justice administrators must become sensitive to personal, economic, and societal pressures faced by lesbian and gay youth, and must tailor bureaucratic responses to the youthAEs particular needs. Finally, it is imperative that adults in the lesbian and gay communities take responsibility for protecting the interest of younger members of the community.