Justice For Children Research Articles

Police legitimacy and procedural justice for children and youth: a scoping review of definitions, determinants, and consequences.

Understanding police legitimacy among children and youth is important for building a just and democratic society. Although the volume of studies on police legitimacy among underaged persons has grown in recent decades, the findings on the relationships between police legitimacy and procedural justice and their definitions, associated determinants, and consequences remain heterogeneous across studies and across political and legal contexts. Given these heterogeneities, the conclusions and implications generated by this research are far from comprehensive. This scoping review offers readers a comprehensive and comparative understanding of this topic by answering the following questions. (1) How can we define police legitimacy and procedural justice for children and youth? (2) What are the determinants of police procedural justice and legitimacy for children and youth? (3) What are the consequences of police procedural (in)justice and (il)legitimacy for children and youth? (4) Among children and youth, who are the vulnerable groups receiving less legitimate and unjust treatment from the police? A scoping review of the literature published between January 1, 1990 and May 31, 2022 was conducted based on four databases: PubMed, Web of Science, Scopus, and ProQuest. Guided by the scoping review screening framework proposed by Arksey and O'Malley, that is, the Preferred Reporting Items for Systematic Reviews and Meta-Analysis guidelines, and the checklist provided by the Joanna Briggs Institute for quality assessment, 47 publications, consisting of 38 quantitative studies and 9 qualitative studies, were retained in the final sample. The results synthesize the operational and subjective interpretations of police legitimacy offered by the respondents in the studies reviewed which is followed by the discussion of conceptual and measurement issues. The key correlates of police legitimacy identified in these studies were police procedural justice and behavior, followed by experience and contact with the police, relationships with other authority figures, and personal competence in moral reasoning and self-control. In addition to compliance and cooperation, cynicism, trust, and health were related to police (il)legitimacy. We argue that in addition to building and maintaining police legitimacy, it is vital to remedy the negative consequences of injustice in police-youth encounters. https://inplasy.com/inplasy-2024-9-0064/, INPLASY202490064.

Penyelesaian Perkara Tindak Pidana Anak Dibawah Umur Dengan Asas Restorative Justice di Lingkungan Polres Belitung Timur

Crimes of theft in the family committed by children require special handling by the police, not all cases involving children are resolved through the courts. This is in the best interests of the child and also considers justice for the victim, which is called a restorative justice approach. This research aims to analyze the form of resolution of criminal acts committed by minors in the East Belitung Police area. The results of the research are that the resolution of children's cases that applies restorative justice is guided by Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and the 2012 Political Regulations concerning Restorative Justice, namely the resolution of children's cases outside the criminal court which emphasizes restoring the situation. initially with an emphasis on conditions for creating justice and balance for children and their victims. The conclusion is that the form of resolving criminal acts of theft committed by the East Belitung Police is by implementing restorative justice. Restorative justice carried out by the East Belitung Police aims to accommodate the norms and values ​​that apply in society while providing legal certainty, especially the benefits and a sense of justice that meets the needs of the community. a sense of justice for all parties, which is a manifestation of the National Police's authority in carrying out duties in the field of criminal proceedings and police discretion based on Articles 16 and 18 of Law Number 2 of 2002 concerning the State Police of the Republic of Indonesia.

Restorative Justiceand Protection of Children's Rights in the Criminal Legal Process

Protection for children who are in conflict with the law in the juvenile criminal justice process, from investigation, prosecution, court, to juvenile correctional facilities, has not been able to provide protection that provides a sense of justice for children. In fact, children's rights are often ignored. In the case of children, children can be perpetrators, victims, or witnesses, so serious protection and treatment is needed to prevent wider and detrimental impacts on them. Handling of children's cases must be carried out by officials who understand children's problems. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System marks progress in protecting children in conflict with the law, by changing the paradigm in handling these cases. The process of resolving children's cases is not only limited to the judiciary, but can also be carried out outside the judiciary through diversion with a restorative justice approach. This approach involves all relevant parties, including perpetrators, victims, witnesses and other parties, to jointly find solutions in the best interests of the child.

Funds of courage: advancing social justice in children’s reading for pleasure

ABSTRACT Children’s reading for pleasure is associated with significant academic and personal benefits and is widely recognised as an effective way to leverage social change, yet in schools this is not fully capitalised upon. The authors connect extant research in this area to the seminal concepts of Funds of Knowledge and Funds of Identity to advance the notion of Funds of Courage and unify literature on dark Funds of Identity and subjective sense, in order to put forward a volitional reading agenda that resonates with the urgent need to innovate reading curricula. The authors argue that the twin psychological pillars of Funds of Courage – resilience and vulnerability – can enable teachers to progress children’s volitional reading practices more reciprocally and thus play a role in advancing social justice. In drawing on examples from recent work with both emergent and established readers, primarily focused on early years and early primary education in England, they seek to widen conceptual and practical understanding in this area.

Critically Conscious Early and Elementary Educators: Towards Abolitionist Education in Teacher Preparation

How do teacher preparation programs re-culture themselves so that we can supply educational settings with teachers who work toward liberation from racism and other systems of oppression? Abolitionist education is one strategic framework that can be utilized to support this systemic re-culturing. I share my experiences in re-designing and facilitating a diversity course in an early childhood education (ECE) teacher preparation program toward abolitionist education through culturally and historically responsive learning, social justice teaching frameworks, Chicana/Latina feminist philosophy, and abolitionist pedagogy. The course explored four units: Identity, Justice and Anti-Bias, Intergenerational Genius, and Freedom Dreaming and Abolition. In-class and at-home projects included positionality statements, analyzing characteristics of white supremacy culture operating in ECE, studying abolitionist movement organizers, and transforming mandated curriculum based on social justice for young children. In this article, I share the context of the course redesign, my facilitation, and reflexive ideas for moving toward abolitionist education as a field of teacher preparation.

Protecting Children Rights through the Juvenile Criminal Justice System in Indonesia: Issues and Challenges

The Juvenile Criminal Justice System is established to uphold justice for children who engage in criminal proceedings, especially those who perpetrate criminal offense. The System sets up various measures in order to protect the rights of these children. This article aims at evaluating the operation of the Juvenile Criminal Justice System in Indonesia with special concern on the fulfilment of the rights of children who are in conflict with the law. The type of research is that of normative legal research which relies on secondary data in the form of primary and secondary legal material. This normative legal research employs statutory approach. It is found that the rights of children who are in conflict with the law is primary protected through the employment of diversion, the initial step for settling the criminal case outside the judicial system. The operation of the Juvenile Criminal Justice System comes across some obstacles in field, including with regard to the employment of diversion. Therefore, improvement in employing diversion seems to be necessary to achieve better quality of children rights protection.

Akibat Hukum Praktik Perkawinan yang Tidak Tercatat di Kantor Catatan Sipil Dikaitkan dengan Hak Waris Anak di Luar Perkawinan Menurut Kajian Hukum Perdata

Referring to the Constitutional Court decision Number 46 / PUU-VIII/2010 that recognizes illegitimate children as having a civil relationship with their biological father, so that illegitimate children have inheritance rights. This decision has drawn pros and cons from the public. For those who support it, this decision is seen as legal protection and justice for illegitimate children, whereas for those who reject it, this decision is seen as an opening for crimes of deviation from religious values, such as unregistered marriages, acts of adultery or sexual immorality. This research method is empirical juridical. Types of secondary data sources obtained using library research. The results of the research show that to obtain legal certainty, the heir's statement should include the names of children from unregistered marriages, but this cannot be done, because there are no statutory regulations that determine the names of children resulting from extramarital marriages. is included in the deed, so an inheritance certificate containing the name of a child resulting from an unregistered marriage has legal force, therefore it is recommended that the government immediately do this and make regulations regarding the creation of inheritance certificates for children resulting from an unregistered marriage, so that it has clear legal force and permanent, and binding in general.

Hukum Adat sebagai Pertimbangan Hakim dalam Mengabulkan Permohonan Dispensasi Nikah dan Akibatnya (Studi Kasus Pengadilan Tulang Bawang Tengah)

Granting a marriage dispensation to underage children who will be married is an example of a legal decision which will undoubtedly have a direct impact from a legal perspective. The purpose of this research is to find out what customary law is taken into consideration by judges at the Tulang Bawang Tengah Religious Court in granting requests for marriage dispensation and the impact of marriage dispensation on the Tulang Bawang Tengah community. This type of research uses Field Research which is carried out at the Tulang Bawang Tengah Religious Court, with a qualitative descriptive research approach, namely clearly describing and describing customary law as a judge's consideration in granting marriage dispensations and the consequences based on existing facts. The data management process uses the interview method to obtain accurate information regarding customary law for the judge's consideration in granting requests for marriage dispensation and its consequences. The results of this research are that the judge's consideration in granting a marriage dispensation is because the legal requirements have been fulfilled, and the considerations are outside the law. Meanwhile, in cases of dispensation for pregnancy out of wedlock, the panel of judges considered granting the request for dispensation from marriage because it was very urgent, and to provide guarantees of protection as per the elements in Islamic legal philosophy, namely legal certainty, justice and benefit for women and children who are born so that they have a clear legal status. And if it is not granted, it will cause wider harm to both the family and the prospective bride and groom. Thus, the consideration of the Panel of Judges is the last resort.

Terrorism in the Indonesian New Criminal Code

Indonesia finally has its own Criminal Code; the country no longer uses the criminal code inherited from Dutch East Indies colonialism. Nonetheless, the New Criminal Code is effective three years after its launch, which is in 2026. By reviewing literature, this article explores the New Criminal Code and its link to relations to terrorism and terrorism financing laws. This article aims to understand how far terrorism is addressed in the Indonesian New Criminal Code. This article may help counter-terrorism practitioners, academics, and policymakers to employ legal instruments as much as possible to prevent terrorism. Regarding the preparation of terrorism, the New Criminal Code outwardly revises what is already listed in the Law no. 5/2018 where anyone who prepares acts of terrorism whether intentionally or unintentionally is eligible for criminalization. There have been several criticisms of the New Criminal Code, such as its overlapping with other laws, the contradiction of regulations stated in the New Criminal Code, and its low support on restorative justice for children affiliated with terrorist organizations.

The nexus between the best interests of the child and detention of children in conflict with the law

The principle of the best interests of the child is a universally recognised norm of the Convention on the Rights of the Child (CRC). While there is no consensus on the definition of this principle, various soft law documents, academic literature, and judgments demonstrate its centrality in both private and public spheres. The Children Act of 2022 provides a detailed articulation of this principle, facilitating its application in the Kenyan context. This paper examines the Kenyan and international legal and normative framework on the detention of children in the child justice system. It explores the nexus between the detention of children in conflict with the law and the principle of the best interests of the child. The authors contend that the detention of children in conflict with the law should be guided by the principle of the best interests of the child, as enshrined in Article 53(2) of the Constitution of Kenya, 2010 and international law. It reaffirms the position, adopted by courts of law, that there should be a limit to the institutionalisation of children in Kenya. The authors further advocate diversionary measures to judicial proceedings, such as family group conferencing, as suitable options.

Applying Justice Aspects as an Impact of Emergence of Judicial Review Decisions in Children's Cases Against the Law

The study aims to describe the emergence of aspects of justice in juvenile crimes in decision number 131/PK/Pid.Sus/2015. This descriptive study uses a normative juridical approach. The data source is secondary data in the form of Judicial Review Decision Number 131/PK/Pid.Sus/2015 used library data collection methods, which were then analysed using qualitative methods with deductive logic. Based on the discussion carried out, it can be seen that the emergence of aspects of justice for children dealing with the law who are victims of wrongful arrest due to new evidence, so that the trial process from the beginning cannot bring up aspects of distributive justice by the state before the emergence of Judicial Review Decision Number 131/PK/Pid.Sus/2015, in which the panel of judges made mistakes in the first level process so that the justice that the child should have obtained is new. In addition, to provide distributive justice if there is a wrong arrest, new evidence that appears takes time. Keywords: Wrongful arrest; Juvenile justice; Law enforcement.

Possible beings: Deaf children and linguistic justice

ABSTRACT This paper discusses the case of Carter Churchill v. Newfoundland and Labrador English School District and analyses legal documents as they illuminate current understanding of linguistic justice and relational ethics. This case is a test case for the standard of education provided to deaf learners in Canada who benefit from sign language. Linguistic justice considers language issues as they are relevant to social justice. The paper first discusses the linguistic justice framework in relation to deaf children’s right to sign language, then analyses legal documents from the case for what they reveal about patterns of inaction on the part of senior educational administrators and deficiency views of American Sign Language (ASL) that are pervasive in Canadian early intervention and education systems for deaf children. While the 2023 Human Rights Commission of Newfoundland and Labrador’s Board of Inquiry decision found the school district failed to provide reasonable accommodation and discriminated against Carter during the first four years of his education, this decision and related events stop short of ordering linguistic justice for deaf children in the form of sign language policy and planning that fulfils a society’s ethical responsibilities to deaf people.

Perlindungan Hukum Terhadap Anak Sebagai Korban

Introduction: The resolution of acts of violence faced by children as perpetrators, witnesses, and victims if the criminal law is resolved is still inappropriate, considering that between the perpetrator and the victim as children so that different ways of solving the case are still needed.Purposes of Devotion: The purpose of this writing is to study more deeply related to problems related to previous research as a follow-up to the results of the research in order to provide legal education, especially related to solving crimes related to the Protection of Children as Victims carried out with a Restorative justice approach, as a model for solving cases. Method of Devotion: The methods of activities carried out in this socialization activity are Coordinating with the church, Preparing material or materials in the form of powerpoint material related to the problems studied in this PKM activity, Preparing a location to be used for PKM activities at Shiloh Church, joint discussions between participants and resource persons.Results of the Devotion: The result of this writing that is intended to be achieved is to realize legal protection for children by providing guarantees for the fulfillment of their rights without discriminatory treatment. Protection for children who are in conflict with the law in the juvenile criminal justice process at every stage starting from investigation, prosecution and court to children's correctional institutions has not been able to provide protection that can realize a sense of justice for children and even children's rights are often neglected. Children have been positioned as objects and tend to harm children. In children's cases, children are sometimes the perpetrators, victims and witnesses, so serious protection and handling is needed to anticipate this so that it does not have a wider impact and harm the child. The process of protecting children as perpetrators, witnesses and victims must be given attention in the handling process, namely that it must be handled by officials who truly understand children's problems.

Screening children in conflict with the law in Kenya for mental health needs using the Massachusetts Youth Screening Instrument–Version 2

A growing body of research shows that justice-involved children, particularly those in conflict with the law, present with symptoms of a diagnosable mental disorder. Routine screening and assessment of young offenders assists justice actors in determining the most appropriate treatment interventions, ensures effective rehabilitation, and enhances public safety. Conversely, some child-justice jurisdictions such as Kenya have not integrated mental health screening for children entering the justice system. This lack of internal audit mechanisms by agencies can contribute to worsening of the young person’s mental status. This study sought to determine the mental health needs of 153 children in conflict with the law committed by courts to remand homes, reception centers, rehabilitation schools, Borstal institutions, youth corrective centers, probation hostels, and on community probation supervision in Nairobi country. Massachusetts Youth Screening Instrument Version-2 was used to screen the children. The findings revealed that thought disturbance in boys was the highest endorsed scale as 58.9% were within warning range scores. Clinically significant caution level scores were reported for somatic complaints (66.7%), angry-irritable (54.2%), and depressed-anxious (45.1%). There were statistically significant gender differences in somatic complaints (p = 0.021), suicidal ideation (p < 0.001) and traumatic experiences (p = 0.034). Respondents with a history of offending had higher mean scores in alcohol/drug use (M = 2.92, SD = 2.36). Significant differences were found between the institution where the child was screened and alcohol/drug use. The findings of this study could assist the Kenyan child justice system to institute mechanisms for mandatory mental health screening, assessment, and treatment of young offenders.

The Children's Justice Clinic: Ensuring high-quality legal representation for children through clinical legal education

The Children's Justice Clinic: Ensuring high-quality legal representation for children through clinical legal education

The Children's Justice Clinic: Ensuring high‐quality legal representation for children through clinical legal education

AbstractJuvenile and family law uniquely require interdisciplinary education and experience to balance children's and families' legal rights with their best interests. Clinical legal education provides third‐year law students with advanced and applied experience in a specific area of law to prepare them for legal practice. Recent developments in clinical legal education advance this experience by integrating interdisciplinary experts and reflective practice into clinics. The Children's Justice Clinic is one such clinic that integrates classroom teaching, clinical legal practice, multidisciplinary expert consultation, and reflective practice to train practice‐ready Guardians ad Litem. Evaluation results from the first 5 years of the Children's Justice Clinic demonstrates that the Clinic is making progress toward its goals to provide third‐year law students with the knowledge and skills necessary to be effective Guardians Ad Litem, increase interest in child welfare and juvenile law practice among law students, and increase access to high‐quality legal representation for children. This paper presents the results from the evaluation and shares lessons learned during clinic development and implementation.

Engineering research‐practice partnerships for social justice

AbstractOur current systems for producing and using research are mired—as are all U.S. institutions—in a long history of racism, xenophobia, and a culture of paternalism. Fortunately, we are not beholden to maintaining those systems, and we can re‐imagine and re‐engineer the ways we approach research and what we seek to accomplish with it. Research–practice partnerships (RPPs) can play a unique and meaningful role in bringing research to bear on social justice for children and families, but the partnerships must be intentionally designed for those goals. In this essay, I discuss three design principles for RPPs: centering children marginalized by oppression, embracing historical perspectives, and contending with power asymmetries.

Interlocked: The ethics of care and the ethics of justice in children's discourses on the parent–child relationship in Chile

AbstractThe article begins with a discussion of the contribution of childhood studies to our understanding of children's ethics, taking into account feminist inputs to the debate over the ethics of care and the ethics of justice. Then, based on two qualitative studies carried out in Chile with children between 10 and 13 years of age, the article shows the emphasis the children place on reciprocal care between parents and children. This concern for reciprocity is accompanied by notions of justice and rights in how they evaluate the parent–child relationship. The data reveal the complex ways in which the ethics of care and of justice interlock in the children's discourses. The article concludes by tracing the links between these results and the conditions of productive and reproductive work in contemporary Chile as reflected in the children's discourses, and it shows how children have begun to internalise a focus on children's rights in reflecting on their daily lives.

Community Empowerment Through Legal Counseling: Increasing Legal Awareness and Justice for Women and Children in Cijeruk Hamlet, Tasikmalaya City

Legal education about justice for women and children is an important step in understanding the Cijeruk Hamlet community about the rights and obligations of women and children in a legal context. This activity aims to fill this gap in understanding and increase understanding about the equal rights and obligations of women and children. In this activity, Article 30 of Law Number 1 of 1974 concerning Marriage was socialized as a legal basis that guarantees equal rights for women and children. This activity also involved PKK women in Cijeruk Village, who have an important role in spreading information and understanding about justice for women and children in their environment. In addition, group counseling is carried out to provide opportunities for group members to share knowledge and experiences in overcoming family problems. The result of this legal education activity is an increase in public awareness, especially PKK women, about the rights and obligations of women and children under the law. The impact is the formation of a women's group that cares about justice for women and children.

Inclusive pre-sentencing reports for children who conflict with the law: Applying and executing section 71 of the Child Justice Act

Despite the progressive nature of the Child Justice Act (CJA) to uphold the best interest principle of all children who come into conflict with the law, s 71(1) and (2) of the CJA that outlines the pre-sentencing evaluation reports required for sentencing, fail to meet and uphold this objective. This is of particular importance given the multi-complex and multi-faceted advancements in scientific findings regarding the development of criminal behaviour in children. This paper reviewed and concluded the following key aspects pertinent to the execution of pre-sentencing reports: (1) practitioners are not provided with clear guidelines specifying key factors that need emphasis in the pre-sentence reports; (2) practitioners are often inexperienced in child development (brain and psychological) processes and lack the requisite knowledge and skills in crime causation to compile the reports; and (3) the best interest principle is hampered by a severe staffing problem, heavy workloads, and tight timeframes governing the compilation and submission of reports. This submission was primarily influenced by the findings from research that explored and subsequently developed an action plan for criminologists with a view toward specialisation in child justice. A literature review and analysis of pre-existing findings from the aforesaid research, coupled with reviews of academic literature from various academic scientific sources formed the basis of the arguments presented in this submission.