Juvenile Imprisonment Research Articles

Reforming Indonesian Criminal Justice: Integrating Recidivism Risk Assessment for Fair and Effective Sentencing

The major goal of this study is to develop a contextually appropriate and nuanced framework for incorporating recidivism risk indicators into sentencing recommendations in Indonesia. This research seeks to bridge the gap between global best practices and Indonesia's unique sociocultural setting by performing a deep investigation of the cultural and legal intricacies particular to Indonesia and comparing worldwide methods. The study also highlights the significance of pre-sentence investigations in obtaining a complete picture of offenders' histories and habits and so shaping sentencing choices. The study's approach includes a comprehensive review of relevant Indonesian literature, laws, and case law. The methods include a comparative study that draws parallels between domestic and international norms in places like the USA, UK, DE, and FR. The research recommends risk factor criteria that are particular to Indonesia, taking into account the country's culture and legal system. Juvenile imprisonment, elements in sexual crimes against minors based on age, and complex conceptions of interpersonal connections are all examples of these aspects. The study supports using these culturally sensitive characteristics into sentencing standards to improve the judicial system in Indonesia. The report also emphasizes the significance of pre-sentence investigations in providing judges with comprehensive data for making fair and effective sentences. This study promotes continuing discussion and growth within Indonesia's criminal justice system by filling in knowledge gaps and providing concrete recommendations for better incorporating recidivism risk variables into sentence guidelines.

Kazna maloletničkog zatvora

Juvenile delinquency is a negative social phenomenon and a socio-legal problem that has always existed in all societies of the world. In our country, the social response to juvenile crime has evolved over time. Initially, juveniles were treated as adults, and the primary purpose of punishment was repression. However, with the adoption of the Law on Juvenile Offenders and Criminal Protection of Juveniles in 2005, significant changes occurred. The new system of punishment primarily focuses on the protection, correction, and rehabilitation of juveniles. For this purpose, corrective orders are issued first. However, when the dimensions of juvenile crime surpass the possibilities offered by the application of corrective orders, criminal sanctions are imposed. Juvenile imprisonment is the only punishment recognized by our juvenile criminal legislation. It is applied as an "ultima ratio" for older juveniles, only when the legal requirements are met. The subject of the paper is precisely the analysis of the content of the sentence of juvenile imprisonment, the legal conditions for imposing it and the manner of its execution. The aim is to review the fundamental positive legal decisions in the Republic of Serbia related to the sentence of juvenile imprisonment and the criminal legal status of juveniles.

RESOCIALIZATION OF JUVENILE CRIMINALS IN EDUCATIONAL AND CORRECTIONAL INSTITUTIONS

There are many causes that lead to juvenile delinquency, and sanctioning such deviant behavior is mostly reduced to alternative measures, police warning and making educational recommendations. If juveniles continue to commit criminal offenses, criminal sanctions in the form of educational measures, sentences of juvenile imprisonment and security measures shall be imposed. Unfortunately, many educational measures aimed at correcting the behavior of juveniles often fail to return the juvenile offender to the right path, but they opt for crime as a profession and look for role models in older and more experienced criminals, which greatly complicates the process of resocialization. Resocialization is a complex process whose success depends on the realization of institutional re-educational treatment. The aim of this paper is to point out how and in what way re-educational treatment is conducted with juvenile offenders and how much its effects are reflected in the success of the re-socialization of juvenile offenders who are in correctional facilities. In this paper, we will point out the numerous difficulties that hinder the implementation of institutional re-educational treatment, as well as the need for more efficient post-penal treatment in order for resocialization itself to be as successful as possible.

Vizura hrvatskog maloljetničkog kaznenog prava pri odlučivanju o maloljetničkom zatvoru i njegovu pridržaju – postoje li kriteriji ili je sve diskrecijska odluka suda

Juvenile courts throughout Croatia impose sanctions on juvenile offenders (juveniles). Their decision-making often raises issues of their discretion in deciding on the application of juvenile sanctions, especially juvenile incarceration and its suspension (Reservation of the Right to Impose the Sentence of Juvenile Incarceration), which can be a significant issue in terms of the uniformity of the juvenile case law. Therefore, the research sought to examine whether there are certain formal criteria for distinguishing the application of juvenile incarceration from its suspension (Reservation of the Right to Impose the Sentence of Juvenile Incarceration), or if there are criteria that judges use when deciding when and in which cases to apply juvenile imprisonment, and when its suspension. Consequently, the following Hypothesis is set: There are criteria for distinguishing the application of juvenile incarceration from the suspension of sentence of juvenile incarceration (Reservation of the Right to Impose the Sentence of Juvenile Incarceration). Normative - descriptive, qualitative and descriptive analyses were used to test the hypothesis in the research.

STATUTORY OF LIMITATION FOR JUVENILE IMPRISONMENT

Statutory limitation is the base that leads to the expiration of a criminal sanction after a certain period of time. Since the statute of limitation is determined by the state through legal regulations, it means that in the end it represents a complete waiver of the state's right to punish due to the passage of time. Statute of limitation is given to a public, general social interest. When it comes to criminal sanctions against minors, then we say that educational measures do not become obsolete due to the expiration of a certain period of time from the finality of the decision on their imposition, which corresponds to the nature, character, content and purpose of this type of criminal sanctions. Then the following institutes are applied: a) suspension of execution and replacement of the imposed educational measure with another educational measure (Article 24 of the ZOMUKD) and b) re-decision on educational measures (Article 25 of the ZOMUKD). When it comes to an older juvenile who has been sentenced to juvenile imprisonment for a serious crime, the statute of limitation for the execution of that sentence is defined in the Article 33 of the ZOMUKD.

Application of juvenile imprisonment

Not Available

When a Juvenile Commit Criminal Act

For the commiting criminal acts, juvenile can be sanctioned with educational measures and with juvenile imprisonment. The general purpose of juvenile sanctions is to provide protection, care, assistance and supervision, and by ensuring the general and professional training of juvenile perpetrators of criminal acts affecting his/her upbringing, development of his/her entire personality and strengthening his/her personal responsibility. Keywords: Juvenile; Violence; Delinquency

Penalty of the Prison in the Republic of Srpska With Special Review at its Application in Practice of the District Court in Banja Luka // Kazna zatvora u Republici Srpskoj s posebnim osvrtom na njenu primjenu u praksi Okružnog suda u Banjoj Luci

Penalties for all modern criminal legislation are particularly regarded as fines for deprivation of liberty of various modalities - imprisonment, long-term imprisonment, juvenile imprisonment or life imprisonment. These are very often applied, special penalties that consist of depriving the perpetrator of the freedom of movement for the perpetrator of a criminal offense in a court decision for a certain time and its placement in a special institution or penitentiary institution from the system of these institutions of a particular state. Similarly with Republika Srpska, whose latest criminal legislation (primarily the Criminal Code of the Republic of Srpska of 2017) provides for two separate fines for deprivation of liberty - imprisonment and long-term imprisonment. It is precisely these two special, independent penalties and their application, with fines, in the practice of the District Court in Banja Luka (or its departments: the Criminal-Misdemeanor and the Special Department for the Suppression of Corruption, the Organized and the Toughest Forms of Economic Crime) there will be words in this paper.

Children in institutional re-socialisation and education – on the edge of contemporary trends

This article analyses the situation of a child placed in an isolation facility in the context of contemporary trends in treating children and adolescents by the judiciary and in educational and resocialisation facilities. The system of juvenile re-socialisation in Poland, regulated by the Act on Juvenile Delinquency Proceedings of 1982, covers children and adolescents in connection with their depravation or with committing a punishable offence and it provides for institutional educational measures and reformatory measures in the form of sending a minor to a juvenile detention centre. Although a prison sentence passed on minors is an exception to the rule of adjudicating educational and reformatory measures, according to international regulations, the category of juvenile imprisonment is broader than serving a sentence in prison. It is our intention to consider the situation of a child placed outside their home in an institution where they are exposed to confinement by a court or another administrative body.

Vaninstitucionalne vaspitne mere

Juvenile delinquency is a special type of crime committed by persons who are 14 to 18 years old. Specifics of juvenile delinquency are reflected in the type of crime, the manner of their execution, the consequences that occur, characteristics of the offender and the victim, the growing presence of recurrence, etc. Hence it is important to choose the most effective measures which can lead to generally preventive and special preventive effects. Although it is possible to apply the penalty of juvenile imprisonment, the fact is that educational measures dominate in the register of criminal sanctions imposed against juveniles. They are adjusted to the demands that society puts in front of criminal repression and the effects pursued in the resocialization of minors. In addition to that, there are poor institutional capacities in our country which significantly narrow the opportunities for effective application of juvenile detention and correctional measures of institutional character. Therefore it is important to point out the opportunities provided by the use of non-institutional educational measures in criminal law.

SOCIAL REACTION TO JUVENILE CRIME

Social reaction to juvenile crime has evolved over time toghether with crime. In the initial period, juveniles were punished like adults and the primary purpose of punishment was repression, which is quite different today. In terms of punishment of juvenile offenders, our country has accepted the widely used system which is primarily characterised by the protection and education of juveniles. Therefore, the Act on Juvenile Criminal Offenders and Criminal-law Protection of Juveniles introduced educational orders whose primary purpose is to reduce the institutional treatment of juveniles and to contribute to their rehabilitation through their active involvement and improving relations with the victim. To this effect, the most preferable measures are educational measures whose main purpose is to provide assistance, supervision and rehabilitation of minors, and to prevent commission of crimes in the future. The most common educational measures are measures of intensive supervision which imply greater control over a minor by a parents, another family member or the guardianship authority. Institutional measures are the least common because they are the most serious kind of educational/correctional measures. In this system, the punishment of imprisonment is used exceptionally; thus, juvenile imprisonment is the last resort punsihment, which may be applied only against an older juvenile.

Definition, Purpose and Types of Juvenile Criminal Sanctions in the Federation of Bosnia and Herzegovina / Pojam, svrha i vrste maloljetničkih krivičnih sankcija u Federaciji Bosne i Hercegovine

Juvenile sanctions are legally prescribed measures and proceedings of social response to juvenile perpetrators of criminal acts. The purpose of juvenile criminal sanctions is within the overall purpose of criminal sanctions. That represents preventive influence on others to respect legal system without committing criminal acts. It also means preventing perpetrators to commit another criminal act and encouraging its upbringing. In essence, general purpose of juvenile criminal sanctions is to fight all types, forms and aspects of crime through special and general prevention. When pronouncing these sanctions court cannot know nor predict how the process of education, discipline and therapy will develop. It also cannot know what time period will be necessary to realize the purpose of its pronouncement. Every adolescent is an individual for itself therefore has a different reaction to pronounced sanction. Interest i.e. wellbeing of an adolescent always comes first when deciding on criminal sanction. The Juvenile Criminal Law in Bosnia and Herzegovina prescribes three basic types of juvenile criminal sanctions. In essence, they are not of repressive character. Basically, the only juvenile criminal sanction of repressive character in the true sense of the word is juvenile imprisonment (detention).

Psychological characteristics of juvenile offenders with constant integration problems

Abstract The aim of this study is to identify the typical psychological, demographic, socio-economical, educational, health, and criminological characteristics of juvenile delinquents who tend to continue in their criminal career to adulthood and therefore obstruct the possibility of successful, non-offending integration to society. Subjects of research were young male prisoners jailed in the Juvenile imprisonment house that completed the test battery. By ex-post analysis after a period of five years, the differences between offenders and non-offenders were identified. Results show significant differences in the age of prisoners, length of imprisonment, presence of violent offence (esp. robbery) in the criminal history, number of previous offences recorded, differences in factors i, h, and q1 from the Sixteen Personality Factor Questionnaire, responses within the Hand test characteristic (affection, dependence, and communication), and in several signs of the drawings in a Draw-A-Person test. The importance and influence of listed factors is discussed.

Juvenile imprisonment and human capital investment

This paper analyzes the effect of juvenile imprisonment on educational investment incentives. The model shows that if some adolescents are likely to be in trouble with law, their chances to complete education and thus the expected value of investment in their human capital are negatively affected. As a consequence, their parents not only optimally invest less in the offspring’s education but also give birth to more children. The analysis helps to understand why some minority groups who for exogenous reasons are more likely to be convicted of crime exhibit higher reproduction rates and lower levels of education. It also demonstrates that prison education may have unintended adverse consequences.

Un'esperienza in un carcere minorile

Four months are surely not enough to fully understand a totalising experience like juvenile imprisonment. In fact, they might be sufficient only to get closer to 'another world', where other rules and codes give a different rhythm to the daily life inside the perimeter of an historical building. The first time I entered the department I was filled with great curiosity, and mine were wide and watchful, but not inquiring, eyes; I experienced a restless feeling of both fear and desire to see, and I carried a colourful butterfly in my heart, ready to let it fly in such a grey place. Doubts, satisfaction, expectations and disillusion come one after the other to me like puppets in a living theatre; each of them is ready to play an impromptu and immediate role in the script. The courage, or the irresponsibility, to take the risk to organise a New Year's Eve party with the boys, but not exclusively for them. The dangers and the ambiguity which can rise from my being a young female (not male) educator in a completely young male environment. The strength and the simplicity of a smile, of a clear glance which becomes the only secret used to get into contact with someone who is waiting for that, but who might not know it, yet. The importance of strong and qualified professionals to work in a maze full of complex themes and situations, that have winded and twisted, so to find the lost thread and patiently regain the way out.