Juvenile Justice Research Articles

서울가정법원의 소년법원적 기원과 비인간화의 기술

The Seoul Family Court was established on October 1, 1963 as the successor to the Juvenile Branch Court of the Seoul District Court. The Seoul Family Court considered the investigation of juvenile cases and the investigation and mediation of family cases as the main principles of the family court. This meant that the knowledge and system of the juvenile court, which punished juvenile delinquency, and the techniques of dehumanization using various disciplines were justified under the system of the family court. In this way, the mediators of the Seoul Family Court assumed the role of “therapeutic justice,” which expanded social norms and control over the family and continuously disseminated relevant content to society. This “therapeutic justice” was a combination of public and private intervention, realized primarily through the reconstruction of common-law marriage norms and the reinforcement of heterosexual normal family norms through family court decisions. This technique of dehumanization, which does not recognize the self-determination of the individual, encompassed both heterosexuals and homosexuals in Korea at that time.

PEMIDANAAN TERHADAP ANAK PELAKU TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN DIKAITKAN DENGAN ASAS KEPENTINGAN TERBAIK BAGI ANAK

Providing insights and perspectives on the legal field, especially the trial of criminal cases involving minors in conflict with the law. The basis of normative legal research methodology, using a case-based approach to dissect legal issues in court decisions. The core of the investigation is contained in Article 70 of Law Number 11 of 2012 concerning the Juvenile Justice System, which safeguards the rights and welfare of children caught up in criminal justice. The critical analysis of how judges interpret and apply these legal provisions aims to explain the legal mechanisms for upholding the best interests of children in criminal proceedings, investigate the complex dynamics of ensuring that children in conflict with the law receive formal legal capacity, emphasise the importance of safeguarding rights and ensuring welfare during the legal process, and contribute insights that inform and enrich the discourse around the intersection between juvenile justice, criminal law, and the principle of the best interests of the child.

COMPARATIVE LEGAL ANALYSIS OF THE DEVELOPMENT OF LEGISLATION ON COUNTERING CYBERBULLYING AMONG SCHOOL-AGE CHILDREN IN MODERN JURISDICTIONS

The article is devoted to the prevention and counteraction of such a modern phenomenon as cyberbullying among school-age children, the search for measures to prevent and combat it. The study substantiates the conditions conducive to the transformation of traditional bullying into a virtual one. Cyberbullying is often interpreted as an electronic form of traditional bowling, which is accompanied by features of virtual communication: anonymity, lack of empathy, uncontrollability and prolonged storage of traumatic information. To solve this problem, psychological factors are highlighted, and emphasis is also placed on the need for legal regulation of countering cyberbullying, in particular, establishing responsibility. To effectively solve this problem, it is extremely important to actively highlight and consolidate the concepts of bullying and cyberbullying at the legislative level. Specifically, it is necessary to adopt a law aimed at combating cyberbullying in the school environment, including measures of responsibility for children, parents and, if necessary, teachers. It is also important to establish competent authorities that will monitor cases of cyberbullying, analyze the most common methods and interact with Internet service providers for joint efforts to eliminate this problem. The results obtained serve as the basis for formulating recommendations on improving legislative approaches to combating cyberbullying in modern society. As a necessary measure, it is proposed to establish such responsibility not for children, but for parents, and in some cases for teachers. It is necessary to introduce new institutions, develop cultural values among school students, focusing on preventing cyberbullying. It is pointed out that there is a need for appropriate development of juvenile justice, because for older students with a well-formed psyche, who, due to their age, can already bear legal responsibility, it is necessary to establish a certain punishment. At the same time, the focus of attention does not necessarily focus on administrative and criminal liability measures, it is important to concentrate efforts on preventive and educational measures.

The long and at times sordid history of the juvenile justice system in the United States.

The American Pediatric Society 'Issue of the Year' (2023-2024) has been focused on increasing access to quality healthcare for children who are incarcerated. Addressing the future of youth in the juvenile justice system requires that pediatricians understand the history of how that system has gotten to where it is now. This commentary examines the creation and growth of the United States juvenile justice system since its establishment 125 years ago, so as to guide a way forward.

Queering child welfare and juvenile justice: Recommendations for affirming LGBTQ+ youth

AbstractLesbian, gay, bisexual, transgender, and queer (LGBTQ+) people have historically been subjected to maltreatment across multiple environments and systems – including their homes, schools, neighborhoods, workplaces, healthcare facilities, and more. The criminal justice and child welfare systems were built on the foundations of cisnormativity and heteronormativity, making LGBTQ+ youth susceptible to systemic oppression and discrimination when compared to their youth counterparts. As such, this paper examines the unique experiences of LGBTQ+ youth in the juvenile and child welfare systems by discussing the systemic inequities and unique challenges that exist for this population – beginning with the risk factors that make them susceptible to exposure to both systems in general. Furthermore, we provide practical recommendations for legal and clinical professionals to better serve their LGBTQ+ youth clients – ranging from changes in policies and legislation, increased staff training, and strategies to create safe and inclusive environments for all youth.

Association Between Traumatic Brain Injury and Psychopathic Traits Among Justice-Involved Adolescents.

Traumatic brain injury (TBI) is a global public health problem and is highly prevalent among justice-involved populations. Pediatric TBI is linked with long-term negative outcomes and is correlated with substance use, criminal behavior, psychiatric disorders, and disruptions in neurocognition. These same TBI correlates are evident among youth with psychopathic traits. Given ongoing neurobiological and social development in adolescence, understanding the link between psychopathic traits and TBI in justice-involved youth is critical. A sample of 263 male adolescents were recruited from a maximum-security juvenile justice facility. Using a structural equation modeling (SEM) framework, measurement invariance of psychopathic traits (TBI ±) was tested, and psychopathy scores were accounted for in terms of TBI variables (severity, age of first TBI, total number), participant's age, IQ, substance use, and internalizing psychopathology. There was evidence of strong invariance across TBI status and those with TBI had higher affective and impulsive lifestyle psychopathic traits than adolescents without TBI. The SEM indicated that TBI severity was associated with lower IQ scores, which in turn were associated with increased lifestyle/antisocial (Factor 2) psychopathic traits. Total number of TBIs was associated with higher substance use, which was associated with both increased interpersonal/affective (Factor 1) and Factor 2 psychopathic traits. These TBI variables also had indirect associations with psychopathic traits through IQ and substance use. The findings indicate that TBI is associated with psychopathic traits and suggest that disturbances in cognition and substance use may be treatment targets for youth with TBI and psychopathic traits.

Juvenile Justice in the United Kingdom and Hong Kong: Historical and Modern Perspectives

The 19th century saw the introduction of numerous acts in the United Kingdom relating to juvenile justice that emphasised rehabilitation and sought to protect the rights of child offenders. Since then, legislative and institutional changes have generally increased the leniency of the law towards acts of juvenile delinquency, but exceptional cases involving child killers have raised jurisprudential concerns relating to these acts. This paper explores the question of punishment in criminal law from the Victorian era onward, focusing on the disparity in treatment between juvenile and adult offenders, and summarises the relevant extant U.K. and Hong Kong legislation. The case of Sharon Carr, a woman convicted of murder for a thrill stabbing she had committed at age 12, is examined with a comparative approach with the judgement of Mary Bell, who was convicted of manslaughter for strangling two toddler boys. A conclusion on the evolution of the juvenile justice system through jurisprudential perspectives will be offered.

Система та умови призначення кримінальних покарань для неповнолітніх

In the modern law enforcement process, special attention is paid to the criminal liability of minors. This is due to the need to ensure their rights and interests, as well as to promote their correction and social rehabilitation. This research article examines the system of criminal sentencing for minors. The author analyzes the legislation, practice and principles that determine the conditions of criminal punishment for this category of persons. The article covers in detail the responsibility of minors before the law, mechanisms for determining the age of criminal responsibility, as well as the peculiarities of sentences and punishments for minors in comparison with adults. Approaches to rehabilitation and social reintegration of minors aimed at preventing recidivism are also discussed. This article aims to provide an in-depth understanding of the juvenile criminal penalty system and the conditions for imposing it in order to improve the fairness and efficiency of the administration of justice. The imposition of criminal sanctions on juveniles is a complex and responsible process that reflects the specifics of juvenile justice in different countries. Most countries try to give preference to educational measures over criminal sanctions for juveniles. This may include alternative education programs, rehabilitation measures aimed at social reintegration, and other methods of diversion that focus on education. In some juvenile justice systems, there are No. rehabilitative punishments (e.g., prisons). Some of the main problems that may arise in the process of imposing criminal sanctions on juveniles include the lack of availability of alternative rehabilitation programs, unequal treatment of juveniles depending on their social and economic situation, and insufficient attention to the psychological and social needs of the child.

The Pay‐for‐Success Contract: A Valuation Note

ABSTRACTPay‐for‐success contracts are social and financial innovations in social policy and capital markets, respectively. This paper argues that they exhibit option‐like payoffs and implements standard option‐pricing arguments in assessing the value of investing in pay‐for‐success contracts. Sensitivities vis‐à‐vis contract specifications are reflected in the valuation formula and help reach investment and social policy decisions. These sensitivities are demonstrated via a numerical application that uses parameters drawn from the Massachusetts Juvenile Justice Pay for Success Initiative, the largest pay‐for‐success initiative in the United States at the time of its launch.

Codesigning youth diversion programmes with community-led organisations: a case study

Background:We explore the feasibility of applying methods of participatory codesign to collaborative service development with community-led youth diversion programmes. Collaborative partnerships can support wealth redistribution and community mobilisation, a goal of governments aiming to implement equity-focused policy. There is little systematic exploration of methods aiming to structure the relationship between government and community-led programmes as part of youth criminal-legal diversion efforts. Methods:We use case study methodology to assess the feasibility and impact of a curriculum codesign approach between a university research team and two community-led organisations providing diversion services through a county juvenile court. The codesign method was informed by participatory design and use of research evidence frameworks. Findings:The analysis focuses on the feasibility of the approach from the perspective of the university research team and community organisations as well as how well the approach successfully navigated critical components of participatory process, including shared power, deference to community vision and values, and a valued end product. We conclude that the approach was generally feasible as a quality improvement strategy and well-received by the community-led organisations. Discussion and conclusions:Codesign is a promising strategy for reconciling public administration and health equity goals. The approach used in this case study adds to a small literature on methods of using codesign as a quality improvement process with applications for government contracting and monitoring, programme development and capacity-building.

Disappointments in mediation for justice-involved girls in out-of-home care: fieldwork afterthoughts

ABSTRACT This perspective paper enquires into the dynamics of justice-involved girls (JiG) residing in out-of-home foster care settings within a non-Western context, scrutinising and questioning prevailing approaches within youth justice institutions that amalgamate mediation and restorative justice methodologies. Leveraging insights garnered from firsthand encounters with JiG, I present vignettes from my fieldwork observations to illustrate scenarios where JiG experience disappointment, hence underscoring potential pitfalls associated with blended approaches. Proposing a concentric circle framework tailored to navigate the knottiness of double-mediation circumstances, particular attention is directed towards addressing JiG’s internal conflicts. Furthermore, I contend that JiG’s susceptibility to disappointment offers insights into the underlying origins of conflicts and sheds light on their struggles with self-identity within youth mediation programmes. By synthesising theoretical constructs with empirical evidence, this perspective paper offers practical guidance for researchers and social work practitioners working with JiG, while also contributing to ongoing dialogues surrounding girls’ participation in juvenile justice and youth-mediated interventions.

Integrating Social Rehabilitation into the Education System for Adolescent Drug Addicts: Legal Framework, Potential, and Challenges

Despite importance of education in overcoming drug addiction, the connection between the education system and the juvenile justice system remains unclear. Juvenile drug addicts often experience socially-disadvantaged situation, thereby social rehabilitation is an important aspect of recovery aside from medical rehabilitation. This research was performed to identify the challenges in social reintegration among juvenile drug addicts, describe the legal interplay between the relevant framework, and propose a model of legal development for the integration of social rehabilitation for juvenile drug addicts into the education system. Using normative legal research method and statutory approach, this research revealed numerous potentials and challenges in integrating social rehabilitation into the education system. A model consisting of normative reforms and practical framework of works is proposed to be applied by educational institutions and relevant government agencies. This research offers a vital step toward creating inclusive educational environments that prevent relapse and foster societal integration.

The Dilemma and Solution of Juvenile Delinquency – Reflection on the Murder of a 13-year-old Boy in China

On March 10, 2024, a 13-year-old junior high school student in Handan City, Hebei Province, China was killed and buried by three classmates under the age of 14. The method of committing the crime was cruel and had a negative social impact, once again bringing topics such as "juvenile delinquency" and "lowering the age of criminal responsibility" to the hot search. Since entering the new era, with the rapid development of the social economy, minors have shown an overall trend of "precocious puberty". The problem of juvenile delinquency and violence has also become increasingly severe, causing adverse social impacts. According to data released by the Supreme People's Procuratorate of China, juvenile delinquency in China is characterized by a sharp increase in the number of crimes, a clear trend towards younger age groups, and cruel criminal methods. The Eleventh Amendment to the Criminal Law, which came into effect in March 2021, lowered the age of criminal responsibility and individually lowered the statutory minimum age of criminal responsibility to 12 years old. Therefore, this case may become the first case to hold young minors accountable for crimes after the age of criminal responsibility has been lowered, which is of great significance to the construction of the rule of law and judicial practice. In practice, we should clarify the situation of "heinous circumstances" stipulated in the Amendment to the Criminal Law (XI), and establish an independent juvenile justice system to comprehensively and effectively correct and prevent the misconduct and illegal behavior of minors, rather than simply lowering the age of criminal responsibility. At the same time, reduce excessive interference of online public opinion in judicial trials.

Political Advocacy: Psychology’s Most Underutilized Resource

In 2020, the American Psychological Association undertook the task of examining the deleterious effects of systemic racism on people of color in the United States. This extensive examination led to the passing of three historic resolutions in October 2021, by the APA Council of Representatives, including the resolution, Role of Psychology, and APA in Dismantling Systemic Racism Against People of Color in the United States. In the resolution, there was a focus on education, science, healthcare, work and economic opportunities, criminal and juvenile justice, early childhood development, and government and public policy. These resolutions set a foundation for the field in moving forward. To effectively address systemic racism, there must be dedication and deliberate action to address the policies, structures, and practices that contribute to inequities. The primary focus of this paper is advocacy; specifically, political advocacy for psychologists to address these policies and structures, in achieving the goals of dismantling systemic racism and creating a more equitable society.

Evaluating the Intervention Programs of Juvenile Delinquency: A Comprehensive Analysis

This study assessed the juvenile delinquency intervention programs in Barangay Tibal-og, Municipality of Santo Tomas, Davao del Norte, to inform enhanced strategies for addressing youth crime. It utilized qualitative approaches such as in-depth interviews, focus group discussions, and document analysis to analyze the experiences, insights, and recommendations of program stakeholders. Eight themes emerged regarding experiences, highlighting procedural equity, trust-building, and individual growth. The insights on implementation revealed five key themes, emphasizing effective interventions and collaborative efforts. The recommendations highlighted on establishing separate detention centers, allocating adequate resources and rehabilitation centers, enhancing parental awareness, and adhering to guidelines. The study further stressed the significance of the guidelines and assisting with current programs, while pressing for more resources and rehabilitation institutions. Parental awareness had a crucial role in avoiding and dealing with delinquency, coupled with community engagement and the development of positive values. The results concluded the need for continuous improvements in the juvenile justice system, promoting cooperation among all involved and implementing strategies that are supported by empirical facts. By utilizing these observations, communities can aim for fairer and more efficient actions, promoting safer surroundings and more promising prospects for vulnerable young individuals.

Comparing Procedural Safeguards during the Primary Investigation Stage and Civil Compensation: Beijing Rules vs. Jordanian Legislation in Juvenile Justice

This study critically evaluates the privacy protections and civil compensation afforded to delinquent juveniles under Jordanian Juvenile Law No. 32 of 2014, comparing them with the United Nations Beijing Rules of 1985. The analysis is structured into three key sections: identifying the authority responsible for juvenile investigations, assessing the level of confidentiality during these procedures, and examining the support mechanisms available to delinquent juveniles throughout the investigative phase. The findings reveal that both the domestic legal framework and international treaties fail to adequately prioritize the best interests and protection of delinquent juveniles. While each source of law possesses its own strengths and weaknesses, they collectively underscore the need for substantial reforms to enhance the rights, well-being, and civil compensation for delinquent juveniles more effectively.

Dating Violence Experiences Among Sex-Trafficking Youths in Juvenile Detention

Juvenile justice involvement is a risk factor for sex trafficking, as is teen dating violence (TDV). However, little is known about how TDV victimization correlates with sex-trafficking victimization among girls in juvenile detention. This study was conducted with 111 detained female minors from two Arizona juvenile detention centers. All female detainees were screened for sex-trafficking risk factors by a clinical staff member and completed a series of surveys about their life experiences and a dating violence history survey. Nearly half of the participants, 42.3% ( n = 47), reported having experienced sex trafficking. Girls in juvenile detention who reported sex-trafficking victimization were significantly more likely to report higher scores on the TDV scale.

PENGGUNAAN TEKNIK DIVERSI DALAM PROSES PERADILAN PIDANA ANAK

This research aims to annotate the application of diversion in Decision Number 7/Pid/ Sus.Anak/2019/PN Jap. In this decision, the child was sentenced to imprisonment for 4 (four) months, while the Public Prosecutor (JPU) as law enforcer was obliged to carry out diversion. "How diversion efforts should have been carried out but the facts of the decision did not appear." So it is necessary to carry out legal research as to why the decision did not use diversion first. The enactment of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law) marks a significant step towards providing special protection for children in conflict with the law. In this research, the focus lies on children in conflict with the law. The primary aim of this law is to enhance the regulation of the juvenile criminal justice system, ensuring better treatment and outcomes for children involved in legal conflicts. Legal protection for children is needed so that children receive attention from errors in the application of statutory regulations, which cause physical, mental and social harm. The aim of this research is to discover, describe (describe), and analyze the application of the diversion method in resolving criminal cases by children studying decision number 7/pid/sus.anak/2019/pn jap.

US Juvenile Justice Purpose Clauses: Themes and Evaluation Opportunities

Juvenile justice systems across the United States have a common history of rehabilitative ideals and federally required due process protections; however, each state maintains goals for its juvenile justice system specific to that state. The goals stated in the purpose clauses of the states’ juvenile justice codes offer an evaluative opportunity to determine whether the policies, programs, and practices within the juvenile justice system are congruent with the statutory goals. The qualitative thematic analysis of state purpose clauses presented in this study reveals goals beyond the traditional conceptualizations of a rehabilitative juvenile justice system and constitutional due process protections. The multiple, overlapping goals of each state’s juvenile justice system invites stakeholders to conduct evaluations to determine the alignment of each state’s goals with the structure of its juvenile justice system.

Uma história da justiça juvenil restaurativa na cidade do Rio de Janeiro

The purpose of this article is to provide a detailed account of the history of restorative juvenile justice in Rio de Janeiro. The study involved conducting interviews with facilitators and professionals who were involved with the Juvenile Justice System in Rio de Janeiro between 2014 and 2020. In addition to conducting semi-structured interviews, the research also involved reviewing press publications related to the topic during the period under study. Official news from the Tribunal de Justiça do Rio de Janeiro was also considered, along with documents that established partnerships or Restorative Justice programs within the judicial system of the State of Rio de Janeiro with practice in the city of Rio de Janeiro. Lastly, various articles, theses, and dissertations were studied that reported restorative practices relevant to the time and location of the research. The article aims to explore the history of Restorative Juvenile Justice in the TJRJ, including the establishment of the Center for Restorative Justice of the Juvenile Justice System, as well as the unofficial period of its existence. The goal of this research is to raise awareness about Restorative Justice in Rio.