Juvenile Cases Research Articles

PENYELESAIAN PERKARA PIDANA ANAK SECARA ADAT LAMPUNG MEGOW PAK TULANG BAWANG DALAM RANGKA RESTORATIVE JUSTICE

The completion of the juvenile criminal case in restorative justice can be done in a various way, one of the completion is using Megow Pak Tulang Bawang custom. The results of this research, in the completion process of juvenile criminal case using Megow Pak Tulang Bawang Lampung Custom, there are several stages and the completion of juvenile criminal case using Megow Pak Tulang Bawang Lampung Custom has been suitable with restorative justice principle because in the settlement, involving all stakeholder and using penal mediation that was form of restorative justice. There are several reason the completion of the juvenile criminal case using Megow Pak Tulang Bawang custom rarely used, that are: the society is not homogenous anymore, there are no strict rules that recognize the unity of customary law, and sometimes the authority is taken by law enforcement officers contrary to customary law of Megow Pak. Suggestions for this research is the completion of juvenile criminal case using Megow Pak Tulang Bawang Lampung custom can be taken as consideration for the law enforcement officers in Juvenile criminal case completion and also as well as consideration in formulating the new rules (Ius constituendum). Keywords: Juvenile Criminal Cases, Lampung Costum, Restorative Justice.

She's Nobody's Child/the Law Can't Touch Her at Alll: Seeking to Bring Dignity to Legal Proceedings Involving Juveniles

Recent Supreme Court decisions declaring unconstitutional both capital punishment (Roper v. Simmons, 2005) and life without parole (Graham v. Florida, 2010) in cases involving juveniles might lead a casual observer to think that we are now in an era in which dignity of juveniles is privileged in the legal system and in which humiliation and shame are subordinated. This observation, sadly, would be wrong. Inquiries into a range of issues involving juveniles – commitment to psychiatric institutions; trials in juvenile courts; aspects of criminal procedure that, in many jurisdictions, bar juveniles from raising the incompetency status or the insanity defense; waivers that allow juveniles (some younger than 14) to be tried as adults; caselaw that has developed on the question of the validity of Miranda waivers in juvenile cases; conditions in juvenile punishment facilities – reveal that, regularly, juveniles are subject to shame and humiliation in all aspects of the legal system that relate to arrest, trial, conviction and institutionalization, shame and humiliation that are often exacerbated in cases involving racial minorities and those who are economically impoverished. First, we discuss the meanings of shame and humiliation, and contextualize them into the juvenile justice system that we discuss in this paper. Next, we look specifically at how this is reflected in caselaw involving psychiatric institutionalization and the criminal process (including, but not limited to, juvenile delinquency prosecutions, matters involving mental status defenses, and the correctional system. We then consider these findings through the filters of therapeutic jurisprudence and international human rights laws, urging that these approaches be relied upon so as to best remediate the current state of affairs and infuse this system with some badly-needed dignity. Although scholarship by judges concludes that “Juvenile justice professionals should treat family members with dignity and respect” (Burkemper, Balsam & Yeh, 2007), it is clear that this is, more often than not, not the case. Remarkably, there is a paucity of recent legal scholarship available on much of what is discussed in this paper. We hope that this paper encourages others – judges, scholars, policymakers – to think carefully about the questions we seek to address, and to weigh equally carefully the ultimate impact that out current policies – drenched in shame and humiliation – have on the population in question.

Review of Ya'Ir Ronen, Re-Understanding the Child's Right to Identity: On Belonging, Responsiveness and Hope (2016)

There exists a robust therapeutic jurisprudence (TJ) literature dealing with many areas of juvenile law: on the questions of whether juveniles have a right to counsel in civil commitment hearings, of the extent of rights to be granted to foster children in juvenile and family court proceedings, the civil commitment trial itself, the implications of TJ for juvenile cases involving Miranda issues, the issue of whether juveniles can be “waived up” to adult courts in criminal cases, and on punishment schemes for juveniles. But, with the exception of earlier articles by the author of this volume, there have been no TJ-cased inquiries into the child’s right to an identity. In a thoughtful, provocative and important new work, Ya’ir Ronen has expanded his vistas, and has given us a book-length investigation into this question. And he has done it brilliantly.Ronen states his claim immediately: “[T]he state should have a positive duty to safeguard the child’s right to identity,” and that this right is “derivative of his human dignity,” although he concedes that “current legal protection of the child’s right to human dignity does not guarantee protection of an individualized identity.” In assessing this issue, culture must be explored as a “context of personal meaning,” and that international human rights law “implicitly reaffirm[s]” a commitment to a “dynamic child-constructed identity.” One of the central principles of therapeutic jurisprudence is a commitment to dignity; Ronen’s decision to begin his work by clarifying this important commitment is of inestimable significance to his project. He incorporates this into his consideration of issues of culture; “suppressing distinctness by a dominant or a majority culture [is] the cardinal sin against authenticity;” thus, “protecting a child-constructed identity may be construed as a commitment to dignity.” Other scholars have considered the relationship between TJ and culture, but, to the best of my knowledge, virtually none in this specific context.Ronen looks long and seriously at international human rights law, specifically articulating where he sees existing UN Conventions as providing support for his position and where he feels that those instruments are not comprehensive enough to grant the rights to which he believes all children are entitled. I believe it is absolutely essential that TJ scholars turn to international human rights law as a potential source and future direction of TJ scholarship and Ronen’s consideration of these documents in this context is of great importance, beyond the specific substantive subject on which he has turned his focus.Ronen’s book is brisk and bracing and refreshing. It deserves to be read by all who care about these important topics.

‘Make Not Your Prisons Your Prisons’: Participant-perceived Potential Outcomes of a Shakespeare Focussed Alternative to Juvenile Incarceration in the USA

ABSTRACTFor over two decades, there has been a progressive emergence of Shakespeare-focussed, performance-based programmes intended for use as criminal rehabilitation in the USA. Prison based criminal retribution, though historically prevalent, remains controversial. Although it is still used as a common method for rehabilitation, evidence demonstrates that alternative sentences have a consistently more positive impact on reducing rates of recidivism. Some criminal justice organisations and institutions in the United States of America have invested in enabling Shakespeare courses to become supplements or, in some juvenile cases, alternatives to incarceration. In particular, some state judiciary courts have introduced a series of Shakespeare courses to serve as alternative sentences for juvenile crime. The Shakespeare focussed alternative programme considered in this research is celebrating its seventeenth anniversary in 2017. This article considers the specific programme practices and reported outcomes of one now well established, yet widely underreported, Shakespeare-based alternative programme for juveniles in the USA, exploring the juvenile perspectives of the outcomes of activities that are designed for them by adults working in performing arts and/or juvenile criminal services. Key outcomes from participants related specifically to programme content, the selection and use of Shakespeare, skills acquisition and personal development culminating in overall behavioural change.

Temporary Efficacy of Pyrimethamine in Juvenile-Onset Tay-Sachs Disease Caused by 2 Unreported HEXA Mutations in the Indian Population.

Background:Juvenile Tay-Sachs disease is rarer than other forms of Tay-Sachs disease and is usually seen in children between the age of 2 and 10 years. Pyrimethamine as a pharmacological chaperone was used to increase β-hexosaminidase A activity in this patient.Patient:We describe a patient with Tay-Sachs disease from the Indian population, a juvenile case who presented with developmental regression starting at the age of three, initially with motor followed by language regression. She is currently incapacitated with severe behavioral issues.Conclusion:This brief communication gives an insight into the efficacy of pharmacological chaperones. It also describes two unreported mutations in hexosaminidase A gene from the Indian population. After commencing Pyrimethamine, though initial benefits with increase in levels corresponded with briefly halting the motor regression, the observed increase was only transient and not associated with discernible beneficial neurological or psychiatric effects.

Parenting Insight to Shape An Anti-Aggressive Behaviour

This study aimed to reveal the importance of knowledge parenting’s insight and skills of non-violence in early childhood as a manifestation of concern for child development. Parenting occupies an important position in shaping the character of children in the future. It received national attention in the world (WHO), as well as in Islam Religion. The results showed that increasing aggressiveness in juvenile cases such as bullying, fights, and fighting now is the impact on the parenting treatment with a high level of violence aggressiveness when one of them was a child. Children who are at the age of chronic and require the model in each of his behavior often become victims. Thus, in the development of children vulnerable to becoming victims or perpetrators of violence.
 Keywords: Parenting Insight, Anti Aggressive Behavior.

Burnout in probation officers enforcing judgements in criminal and juvenile cases

The results of the study unambiguously indicate that the phenomenon of occupational burnout affects almost half (44%) of probation officers who participated in the study. It is illustrated by the most important, global occupational burnout ratio and, additionally, its individual dimensions. The correlation between stress and occupational burnout was confirmed, which corroborates the results of studies conducted by authors such as Schaufeli and Dierendock (1995), Hart (1996), Leiter, Maslach (1997), Maslach (1998).

Privacy and Court Records: An Empirical Study

As courts, libraries, and archives move to make court records available online, the increased ease of public access raises concerns about privacy. Little work has been done, however, to study how often sensitive information appears in court records and the context in which it appears. This Article fills this gap by analyzing a large corpus of briefs and appendices submitted to the North Carolina Supreme Court from 1984 to 2000. Based on a survey of privacy laws and privacy scholarship, we created a taxonomy of 140 types of sensitive information, grouped into thirteen categories. We then coded a stratified random sample of 504 court filings in order to determine the frequency of appearance of each sensitive information type and to identify relationships, patterns, and correlations between information types and various case and document characteristics. We present several important findings. First, although a wide variety of sensitive information appears in the court records we sampled, it is not uniformly distributed throughout the records. Most of the documents contained relatively few incidences of sensitive information while a handful of documents contained a large number of pieces of sensitive information. Second, court records vary substantially in the types and frequency of sensitive information they contain. Sensitive information in seven of the categories — “Location,” “Identity,” “Criminal Proceedings,” “Health,” “Assets,” “Financial Information,” and “Civil Proceedings” — appeared much more frequently than the other categories in our taxonomy. Third, information associated with criminal proceedings, such as witness and crime victim names, is pervasive in court records, appearing in all types of cases and records. Fourth, criminal cases have disproportionately more sensitive information than civil or juvenile cases, with death penalty cases far exceeding all other case types. Fifth, appendices are generally not quantitatively different from legal briefs in terms of the frequency and types of sensitive information they contain, a finding that goes against the intuition of many privacy advocates. Sixth, there were no overarching trends in the frequency of sensitive information during the seventeen-year period we studied. Although we found a substantial amount of sensitive information in the court records we studied, we do not take a position regarding what information, if any, courts or archivists should redact or what documents should be withheld from online access or otherwise managed for privacy protection. These largely normative questions must be answered based on a careful balancing of the competing public access and privacy interests. Nevertheless, we expect that this highly granular view of the occurrence of sensitive information in these North Carolina Supreme Court records will help policymakers and judges evaluate the potential harms to privacy interests that might arise from online access to court records. We also hope that scholars will draw on our taxonomy and empirical data to develop and ground normative arguments about the proper approach for balancing government transparency and personal privacy.

Current status and clinical association of beta-catenin with juvenile nasopharyngeal angiofibroma.

A possible role of the APC/beta-catenin pathway in the pathogenesis of sporadic juvenile nasopharyngeal angiofibroma has been suggested. This paper presents its current status and clinical association in our patients. A prospective observational study was conducted at King George Medical University and Central Drug Research Institute, in Lucknow, India. Western blot analysis was undertaken in 16 cases to examine beta-catenin expression. The clinical details were recorded along with follow up observations, to determine associations. Up-regulation of beta-catenin expression was seen in 69 per cent of cases. The clinical variables did not reveal significant differences between patients with extremes of expression (extreme under- vs over-expression). However, absent expression was shown exclusively in young adults aged over 18 years, while enhanced expression was associated with an altered facial profile. Although a beta-catenin association was seen in a subset of our sporadic juvenile nasopharyngeal angiofibroma cases, its expression was not homogeneous. This is in contrast to the Western literature that suggests a universal (homogenous) enhanced expression in the majority. Hence, further research is required to better define its molecular cascade.

Punishing on a Curve

Does the punishment of one defendant change because of how she fares in comparison to the other defendants on the judge’s docket? This article demonstrates that the troubling answer is yes. Judges sentence the same case more harshly when their caseloads contain relatively milder offenses, and more leniently when their caseloads contain more serious crimes. I call this problem “punishing on a curve.”Consequently, the article shows how such relative sentencing patterns put into question the prevailing practice of establishing specialized courts or courts of limited jurisdiction. Because judges are punishing on a curve, the court’s jurisdiction systematically shapes sentencing outcomes. Courts of limited jurisdiction usually specialize in relatively less serious crimes (such as misdemeanors, drug offenses, or juvenile cases). They treat the mild offenses on their docket more harshly than generalist courts, that also see severe crimes, would have treated them. This leads to the disturbing effect of increasing punitive outcomes vis-a-vis these offenses, wholly contradictory to the missions of these courts. Such sentencing patterns undermine notions of justice and equitable treatment. They also undermine retributive principles and marginal deterrence across crimes of increasing severity.In light of the profound normative and practical implications, the article offers a remedy to standardize sentences through “statistical curving.” In addition to consulting the sentencing range recommended by the sentencing guidelines for a particular offense, a judge should see the distribution of sentences for the same offense across different courts. The article illustrates the feasibility of the proposal empirically using sentencing data from neighboring judicial districts in Pennsylvania. It also explains how this proposal fits within the Supreme Court’s jurisprudence following United States v. Booker, which rendered the sentencing guidelines advisory, and its potential advantage in improving appellate review.

On Gang Affiliation, Gang Databases, and Prosecutorial Outcomes

Technological advances have enabled criminal justice organizations to collect and share offender data. Accompanying these advances are concerns about how various segments of the criminal justice system utilize these data. Specifically, scholars have expressed concerns about the legal consequences of being included in gang databases. This study explored the use of gang affiliation indicators on prosecutorial outcomes by using a sample of 5,111 urban juvenile cases. Using three binary measures of gang affiliation, multinomial logistic regression analysis suggested indicators of gang affiliation influenced prosecutorial outcomes (dismissal, pre-adjudication informal supervision, deferred prosecution, or petition), but in an unanticipated manner. Confirmed gang affiliates, instead of suspected or non-gang affiliates, were significantly more likely to experience pre-adjudication informal supervision over other forms of case outcomes: case dismissal, deferred prosecution, or court petition. Policy implications focus on the inter-connectedness of the criminal justice system.

An Unusual Case of Antemortem and Postmortem Sex Offence with Homicide by a Juvenile Offender-A Case Report

Sex offence to children is not uncommon now a days. Death following rape is also not unknown to us to prevent the victim to disclose the identity of the offender especially when the offender is known to the victim. Adult as well as juvenile sexual offenders against children exist in both inside and outside of our family system and posing a recognizable threat to vulnerable children. Sexual aberration and aggression reach its height when the offender after performing illegal sexual intercourse, kills the victim and even after death performs sexual intercourse with the dead body to achieve gratification, which is defined in term of 'Necrophilia'. Paedophilia is defined as recurrent, intense sexual fantasies, urges or behaviours involving sexual activity with a prepubescent child less than 13 years of age by a person who is 16 years or older and at least 5 years older than the child. Here in the following case a 7 year old girl was suffocated following rape and the assailant who was juvenile by age performed anal intercourse with the dead body to achieve gratification.

Benign prostatic hyperplasia: Case report of a 17-year-old

Benign prostatic hyperplasia (BPH) is generally common in men older than 50 years of age but is extremely rare in childhood. In the literature to date, fewer than five cases have been reported under 18 years of age. Owing to the limited number of cases, the etiology and management of BPH in the first two decades is not clear. We herein report a 17-year-old boy who presented with acute urinary retention due to BPH and was treated with endoscopic transurethral resection of the prostate (TUR-P). A 17-year-old male patient with a history of intermittent hematuria was admitted elsewhere with acute urinary retention. An increase in prostate size was detected on digital rectal examination. Pelvic ultrasound revealed a large mass arising from the prostate and filling the bladder lumen. Transrectal ultrasound-guided prostate biopsy (TRUS-Bx) was performed to exclude malignancy. After the documentation of benign prostate tissue in the histopathological analysis, the patient was referred to our clinic for further evaluation and management. Magnetic resonance (MR) imaging revealed a 48×55×68mm mass arising from the middle lobe of prostate and filling the bladder lumen (Figure) with an initial diagnosis of a non-ductal malignant tumor because of his age. Enlarged lymph nodes or any sign of metastasis were not detected. Re-examination of the previous biopsy specimens confirmed the absence of malignancy; therefore he underwent endoscopic treatment with TUR-P. Histopathological examination reported BPH. The postoperative 1-year follow-up was uneventful. The patient was extensively evaluated with a suspicion of malignancy, especially rhabdomyosarcoma, which is more expected for this age group. Reviewing juvenile cases with BPH in the literature, two authors explained the possible etiologic factors of their cases as gonadotropin supplement therapy for undescended testes and the mother's utilization of a human chorionic gonadotropin-containing agent during pregnancy to prevent spontaneous abortion. Our case had no history of drug intake, endocrinologic abnormality, or any other possible relevant factor. Owing to the limited number of cases, there is not enough data to understand the etiology and also no consensus on the treatment of BPH in the adolescents. Therefore, experiences gained from adult cases guide the pediatric treatment modalities. Despite the fact that BPH is very rare in childhood, one should keep it in mind in the differential diagnosis of acute urinary retention and malignant prostate diseases. The endoscopic method is the treatment of choice in BPH.

Transplanting Jury Trials in South Korean Legal Soils: Comparative Analysis with Jury Trials in the United States

Jury trials, known as common-law institution centering on the UK and the USA, for the first time in Korean adjudicatory history, have been transplanted into Korean legal soils under cultural and political climate with legal roots of the “Civil Participation in Criminal Trial Act (CPCTA) of 2007” since 2008. This research examines legal and operational issues of jury trials through comparative analysis between the United States and South Korea. Several legal characteristics of 2013 revision bill of CPCTA, proposed by the Committee of Civil Participation in the Judiciary (CCPJ), are to be pointed out: so-called “civil participation” approach, de facto binding power of jury verdict and sentencing, and a stricter standard for a jury verdict or decision (3/4 majority). Statistical results from planting jury trials in both American and Korean legal system proved to be very similar. Meanwhile, a 2013 revision bill has to overcome several practical and legal obstacles, such as low usage of jury trials, the high rate of judicial dismissal of defendants’ petitions, and violation of Article 27 of the Korean Constitution. Under the current legislative scheme, judges in Korean courts need to operate jury trials in such a careful and respectful way that the revision may neglect neither a defendant’s right to jury trial nor jury’s verdict. Legal scholars, experts, and legislators with interests in implementing jury trials in Korea should research on ways to expand the system to other judicial procedures such as juvenile, civil, family, and administrative cases.

Morals Coaching Through Tahfidz Al-Quran (Descriptive Study in PERSIS Tsanawiyah Boarding school in Karangpawitan, Garut, West Java)

Porn video case involving junior high school students to college students is the umpteenth of juvenile delinquency cases are seen. The above case is certainly the case that very concern and also shows the loss of moral education in the education world. Ministry of religion and the ministry of national education has essentially concerned with education in Indonesia, but the concern to lead to the formation of moral and religious spiritual seems still very minimal done. What is expected by the purpose of educational activities is the development of personality of students is still far from expectations. This requires a new concept in reconstructing the concept of formal education that exist today to lead to the formation of character or morals, so it will emerge spiritual-religious values on students. MTs Karangpawitan Garut Islamic Union seeks to maximize the interaction of cognitive education is not partial, but much of it is they are trying to internalize the values of the Qur'an as God's revelation to be applied in behavior or morals. This study focuses on efforts to get an idea or phenomenon in the formation of character through Tahfidz Koran that occurred in Pesantren Persis Level Tsanawiyah Karangpawitan Garut.

Anomalous origin of the right coronary artery evaluated with multidetector computed tomography and its clinical relevance

BackgroundAnomalous origin of the right coronary artery (AORCA) is a rare congenital anomaly that may cause myocardial ischemia and sudden death. MethodsWe reviewed the clinicopathological records of three cases of AORCA, and compared these with two cases of sudden cardiac death with AORCA revealed by autopsy. ResultsWe report three juvenile cases with an AORCA originating above the commissural junction between the left and right aortic sinuses, with interarterial and intramural compression. They presented with exertional symptoms and were diagnosed with an AORCA by multidetector computed tomography (MDCT), which successfully delineated the spatial resolution of the anomalous origin and course of the right coronary artery (RCA), in the operating room. All three underwent successful surgical unroofing of the RCA. Two cases of sudden cardiac death with AORCA revealed by autopsy showed a slit-like orifice, acute-angled take-off, and long intramural course of the RCA, resembling the RCAs of three juvenile cases. ConclusionsIt is crucial to be alert to the presentation of exertional symptoms, as sudden death may be the first manifestation of an anomalous coronary artery, such as those observed in these three cases. MDCT provided an excellent definition and spatial resolution of the unusual origin and intramural course of the RCA, facilitating the correct surgical remedy and resulting in a good outcome for the patients.

Changing trends in the incidence of juvenile nasopharyngeal angiofibroma: seven decades of experience at King George's Medical University, Lucknow, India

The occurrence of juvenile nasopharyngeal angiofibroma is reportedly higher in India than in some other parts of the world, and our centre has seen a four-fold increase in its occurrence across seven decades. This paper reports a retrospective archival analysis of 701 juvenile nasopharyngeal angiofibroma cases from 1958 to 2013, and considers probable environmental factors in an Indian context that may affect its biology and the global distribution, as reported in the literature. A continuously progressive increase in occurrence was evident, but the rapid rise observed in the current decade was alarming. The world map of juvenile nasopharyngeal angiofibroma incidence does not reflect true global distribution given the paucity of reporting. Our centre has dealt with approximately 400 cases in the last 24 years. With the alarming increase in juvenile nasopharyngeal angiofibroma incidence, there is a need for a registry to define its epidemiology. The world literature needs to reflect the status of juvenile nasopharyngeal angiofibroma incidence in the third world as well. Environmental factors known for hormone disruptive actions may influence its occurrence. Such aspects need to be considered to plan specific prevention policies.

Anaesthesia for thymectomy in adult and juvenile myasthenic patients.

Myasthenia gravis, a chronic disease of the neuromuscular junction, is associated with an interaction with neuromuscular blocking agents (NMBAs). As thymectomy is often the method of choice for its treatment, anaesthetic management requires meticulous preoperative evaluation, careful monitoring, and adequate dose titration. The frequency of video-assisted thoracoscopic extended thymectomy (VATET) is also increasing, making the use of NMBA obligatory. The number of cases of the juvenile form has also increased over years; airway management in juvenile one-lung ventilation is another challenge. Sugammadex appears to be a safe choice to avoid prolonged action of NMBA also in patients with myasthenia gravis, although this information has to be confirmed in further series. The number of VATETs is increasing so that the experience with sugammadex will also increase in time. In non-VATET operations, use of NMBA should and can be avoided as much as possible. New scoring systems are defined to predict a postoperative myasthenic crisis. For VATET in juvenile cases, blockers can be a good option for the airway management. Anaesthetic management of thymectomy in myasthenia gravis requires experience concerning different approaches. Sugammadex should be considered as a possible further step toward postoperative safety.

Forensic issues in juvenile cases with autism spectrum disorder

Forensic issues in juvenile cases with autism spectrum disorder

腹痛・発熱で発見し単孔式腹腔鏡下に切除した小児胃リンパ管奇形の1例

腹痛・発熱で発見し単孔式腹腔鏡下に切除した小児胃リンパ管奇形の1例