Children Of Offenders Research Articles

IMPLEMENTATION OF PROVIDING LEGAL AID TO CHILDREN AS PERPETRATORS OF THE CRIME OF OBSCENITY

IMPLEMENTATION OF PROVIDING LEGAL AID TO CHILDREN AS PERPETRATORS OF THE CRIME OF OBSCENITY

Implementation of Juvenile Reprimand in Indonesia

Eight years on from the enactment of Law of The Republic Indonesia No. 11 of 2012 concerning the Juvenile Criminal Justice System, there is no implementing regulation that regulates the reprimand sanction imposed on children. In other countries, for example in the United States, a reprimand is called a judicial warning or reprimand and is implemented in front of a public trial by a judge, who verbally warns children, following which they are returned to their parents and have no obligation that must be met regarding the criminal acts they have committed. This type of penalty is mostly imposed on a juvenile who is guilty of their first offence, as well as against non-violent crimes. The placement of the reprimand in Article 77 Paragraph (1) of JCJS Act is not without purpose, but this is a form of protection for children of criminal offenders and provides choices for judges in imposing sanctions other than imprisonment. Using normative legal methods, this research examines the current practice of implementing the reprimand sanction and proposes possible suggestions for its improvement.

Rol' K. V. Rukavishnikova v formirovanii otechestvennoj shkoly perevospitaniya nesovershennoletnih pravonarushitelej

The article is devoted to the history of the origin in Russia and the activities of the shelter for juvenile offenders in Moscow. The main purpose of the shelters was to educate street children and children of offenders, to teach them in order to prevent crimes. Based on the study of archival materials, the author characterizes the activities of K. V Rukavishnikov in organizing the correction of juvenile offenders in the Moscow Correctional Shelter for Juvenile Offenders. The issues of formation are considered scientific support for the activities of correctional institutions and its theoretical foundations.

PENERAPAN SANKSI HUKUM TERHADAP ANAK PELAKU TINDAK PIDANA NARKOTIKA DI WILAYAH HUKUM KEPOLISIAN RESORT KOTA YOGYAKARTA

This thesis aims to review and analyze the application of the law against children of narcotics offenders in the jurisdiction of the Yogyakarta City Resort Police and review and analyze the factors that affect the application of the law to children of narcotics offenders and how to countermeasures. Used type of research is normative juridical with conceptual, statutory and case approaches. The method of analcys is qualitative descriptive. Research result was Yogyakarta City Resort Police applied the law to the children of narcotics offenders by applying Diversion in reference to Law Number 11 of 2012 on the Juvenile Criminal Justice System. Diversion stage with mediation and deliberation with related elements. Factors that affect the application of the law to children of narcotics offenders include internal and external factors. Internal factors (Law enforcement officers and facilities), while for external factors (There are no implementing rules on Diversion, Society and culture). As for the efforts made to overcome these obstacles can be done, namely: Increasing understanding of the concept of diversion that is fair restorative; Increased education; Providing personality training; Have to make a change.

Intergenerational continuity of crime among children of organized crime offenders in the Netherlands

As existing literature on intergenerational continuity of criminal behavior is mainly based on data on ‘general’ offenders and their children, the current study aims to improve our knowledge by looking at intergenerational continuity of crime among a national sample of children of organized crime offenders. Judicial data on all (N= 478) offenders convicted of organized crime in the Netherlands (in the period 2008 - 2014) and their children were used to study offspring’s involvement in crime. In addition, a comparison group was selected from the entire population in the Netherlands to examine the relative risk of offending. Results show that almost half of the children of organized crime offenders have a criminal record. Sons are significantly more at risk of offending and this risk also increases strongly by age. Furthermore, the results show the strongest intergenerational relation for violent crimes. Gender of the convicted parent and timing of parental crime also seem to play a role in the continuity. With regard to the relative risk of offending, the results show that children of convicted organized crime offenders are three times more at risk of offending compared to children in the comparison group, even after controlling for the number of parental crimes. In sum, there is a substantial risk of intergenerational continuity of criminal behavior among children of organized crime offenders. Future research would benefit from focusing on how criminal behavior in these specific families is transmitted to future generations.

Accessibility of evidence‐based parenting programs in the community: Parents who are involved in the Criminal Justice System encounter barriers to program access

ObjectiveThe intergenerational cycle of crime is well‐documented and there exists strong evidence that children of offenders are more likely to be involved in the Criminal Justice System (CJS) than children of non‐offenders. Parenting is important to children's life outcomes, both generally and in the context of offending. However, little attention has been paid to the parenting programs and parenting support services for parents who are involved in the CJS, and this is particularly evident in the community corrections context, both internationally and in Australia. We know very little about the accessibility, uptake, and effectiveness of parenting interventions that are available to CJS‐involved parents in Australian communities, including parents who are ex‐prisoners and/or serving community‐based corrections orders or whose partner is involved in the CJS.MethodA survey was administered to professional staff from community agencies that provide parenting services in Queensland, Australia (N = 82). The agencies were predominantly identified through an integrated referral service system used by the Queensland Police.ResultsOne third of the agencies reported offering evidence‐based parenting programs. The available parenting programs and services are underutilised by CJS‐involved parents. The results point to barriers to service use that pertain to accessibility, such as costs for some evidence‐based services; and differences in how parenting services are delivered to CJS‐involved parents compared to non‐CJS parents.ConclusionEfficacious parenting interventions are reaching too few CJS‐involved parents in the community. The findings have implications for service delivery and research.

PROTECTION OF CHILDREN FROM CRIMINAL ACTION IN THE IMPLEMENTATION OF A CHILD-FRIENDLY-CITY

Since Indonesia ratified the Convention on the Rights of the Child in the form of the Child Protection Act, the government has now started to pay attention to child issues. Children are in a period of growth, development, and achievement, in which children very easily absorb everything that happens to them, whether good or bad. Sadly, recently, many children have experienced criminal acts that have caused injuries to the children, not only physical injuries but also psychological/mental injuries. The problem of child protection is not only referring to children who are victims of criminal acts that receive legal protection, but also children of witnesses and children of criminal offenders who have the same legal protection needs. Various Problems of violence against children that occur and even polemics in households that consider violence against children is a natural way of educating children has become piecework for the government to protect children from other violent crimes. Currently, the government is trying to build a suitable city structure for children to live in. The regional government’s role, all law enforces, and the community is to manifest legal protection for children in a Child-Friendly-City structure.

Weighing in the balance

A substantial body of research now exists indicating that parental imprisonment can produce multiple negative effects on dependent children. While the criminal justice system can respond to this post-imprisonment through positive interventions, an important question arises as to whether courts should take into account the impact of imprisonment on the children of offenders at the point of sentencing. The recognition of children’s rights in many jurisdictions has prompted courts to develop approaches that take account of these important third party considerations. This article will explore how the courts of South Africa and England and Wales have made space for the rights of children of offenders within the sentencing process and consider whether Ireland might adopt such an approach. Central to this process is how relevant information regarding dependent children can best be presented to the sentencing court. The article will therefore examine the potential introduction of child impact statements into the Irish sentencing process, and the extent to which probation officers are suited to adapting their current pre-sanction report role to include child impact information.

Process as Intergenerational Punishment: Are Children Casualties of Parental Court Experiences?

Ground-breaking work by Malcolm Feeley established that the experience of criminal court processing can feel like punishment to a defendant, separate and apart from the outcome of the criminal case. The purpose of this paper is to explore whether that effect extends beyond the offender to his or her family, particularly children, and whether this effect exists even before incarceration is imposed. There exists a significant body of literature that links parental incarceration to negative outcomes for children of prisoners (e.g., poor socialization, behavioral problems, poor school outcomes, etc.) Criminologists have also tied early childhood exposure to traumatic experiences (such as violence and deprivation) to later criminality. But neither of these literatures has specifically investigated the effect of criminal court processing of parents on their children, particularly when children witness court appearances or hearings. We interviewed prosecutors and active offenders in a major southeastern city to identify their perceptions of the short and long term effects of witnessing court processing on children of offenders. Our interviews suggest that such experiences could have deleterious effects similar to those observed in research on the effects of parental incarceration. We conclude by offering some policy suggestions for how the court system might mitigate these effects in the future.

Children and Their Incarcerated Parents: The Importance of Kids' Days at Tasmania's Risdon Prison

It is unfortunate that in an era when progressive thinking is celebrated, human rights are on many people’s agenda, and both government and non-government organisations are supposedly working to create a more sustainable life for those considered to be marginalised, the difficulties that families of offenders face rarely take centre stage in political forums or policy debates. Imprisonment, largely based on a model of retribution, is immune to the plight of families, caught up in the ‘ripple effect’ that extends well beyond the incarcerated family member.The following discussion examines the challenges encountered by the children of offenders and considers the emotional, social and financial toll that arises as a result of parental incarceration as well as the potential risks of intergenerational criminality. National and international initiatives aimed at fostering and maintaining the relationship between incarcerated parents and their children are examined. Attention is drawn to ‘Shine For Kids’, a New South Wales non-government organisation created to assist prisoners’ children. Kids’ Days, operating successfully in Tasmania’s Risdon Prison, is a program intended to improve contact and interaction between children and their imprisoned parents. Kids’ Days recognise the rights of children to know and interact with their parents, and for parents, regardless of their status as offenders, to know and interact with their children.

Intergenerational transmission of criminal behaviour: Conviction trajectories of fathers and their children

This article investigates father and offspring criminal careers by employing the semi-parametric, group-based trajectories methodology. The findings demonstrate that children of sporadic and chronic offenders have significantly more convictions than children of non-offenders. However, contrary to expectations based on taxonomic and intergenerational theories, chronic offending fathers do not have more chronic offending children than sporadic fathers. The results demonstrate strong intergenerational transmission of criminal behaviour, but it is the fathers having a conviction rather than their conviction trajectory that is related to offspring convictions.

Addressing the Needs of Children of Offenders: The 4-H LIFE Model

4-H LIFE represents a promising approach to addressing the needs of children of offenders and their caregivers. The 4-H Living Interactive Family Education (LIFE) Program was established in 1999 at the Potosi Correctional Center, a maximum security prison. 4-H LIFE is an enhanced or therapeutic visitation program with three key components: 1. parent engagement; 2. parent education; 3. 4-H activities for children of offenders, led by the incarcerated parents. Since inception, 141 youths between the ages of 5 and 18 have participated; 59 incarcerated fathers and 106 caregivers have also been engaged at PCC. Program evaluations suggest that parent-child outcomes improved. In 2005, 4-H LIFE received the Annie E. Casey Foundation Family Strengthening Award.

The Impact of Incarceration on Children of Offenders

Abstract Hundreds of thousands of children experience emotional turmoil each year as the result of the incarceration of a parent. In addition to coping with feelings of grief, anger and rejection, they must deal with the stigma associated with having a relative in prison. Although this article concentrates on the impact of incarceration on both the children of male and female inmates, it also describes the problems encountered by other family members within the family unit. Despite a newfound interest in research and information on children of offenders, there is still a tremendous need for positive and innovative programs that address the problems of this special population.