The Same Children: Why the Child Protection and Juvenile Justice System does not Always Successfully Protect Young People

2012 ◽  
Author(s):  
Morag McArthur ◽  
Peter Camilleri ◽  
Lorraine Thomson
1993 ◽  
Vol 18 (1) ◽  
pp. 14-19
Author(s):  
Lynn Atkinson

The first section of the paper makes some observations about young people, crime and the police, and the particular vulnerability of Aboriginal youth coming to the attention of the police. Two issues, the maintenance of public order and juvenile offending, provide the framework for the discussion here. The second section looks at the nexus between the pre-trial conference - a recent innovation in the Children's Court in Perth - police prosecutors, and Aboriginal youth.


2018 ◽  
Vol 2 (2) ◽  
pp. 144
Author(s):  
Frans Simangunsong

Cases of narcotics abuse are increasing. This is evidenced by the almost<br />daily press reports from newspapers and electronic media about smuggling, illegal<br />trade, arrests and detention related to the problem of narcotics abuse. The purpose of<br />narcotics abuse is a deviant or accidental use of narcotics. So the act violates the law and<br />is threatened with criminality. Criminal policy in an effort to control children as<br />perpetrators of narcotics crimes. Threats of imprisonment that can be imposed on<br />children no later than 1/2 (one half) from the maximum threat of imprisonment for<br />adults. This means that the criminal threat for children who become narcotics couriers is<br />half of the criminal threats contained in the Narcotics Law. For children who become<br />couriers or narcotics brokers, they must be based on the mechanism stipulated in the<br />Child Protection Act and the Juvenile Justice System Law. Law enforcement for<br />perpetrators who are still under age, there is a special provision called diversion, namely<br />the transfer of settlement of child cases from criminal justice processes to processes<br />outside of criminal justice


PEDIATRICS ◽  
1978 ◽  
Vol 62 (5) ◽  
pp. 697-697
Author(s):  
L. Harris

Today, when some critics of our juvenile-justice system are complaining that the system is incompetent in dealing with violent young criminals, other critics are complaining that it is showing amazing efficiency in locking up—often for long periods—troubled young people who have not been charged with committing any crime, violent or otherwise. Such young people, they point out, represent approximately forty per cent of the hundred thousand-odd children who will be sent to jail this year for at least twenty-four hours and of the twelve thousand who will be placed in juvenile-detention centers every day. These children, who are variously labelled Persons in Need of Supervision (PINS), Children in Need of Supervision (CINS), Juveniles in Need of Supervision (JINS), or Wayward Minors, depending on the state they live in, will be guilty of nothing more serious than being a burden or a nuisance. They are not juvenile criminals—they have committed no act for which an adult could be prosecuted. Mainly, they are children who are truant from school, who have run away from home, or whose parents (the majority of them poor) find them too difficult to manage. Under one name or another, the PINS judicial category is written into the laws of forty-one states, and children who are assigned to it occupy, according to one estimate, as much as forty-one per cent of the case load of juvenile courts.... Underlying all the state statutes [is] the doctrine of parens patriae drawn from English chancery law—that the court could act to resolve the problems of troubled children as if it were a parent.


Author(s):  
Marie Dumollard

This article examines the support provided by Quebec’s juvenile justice system for young people classified as offenders who transition to adulthood and who are in open custody. Analyzing life-course narratives of these young people, it highlights the paradoxical nature of penal interventions that, vacillating between support and control, simultaneously enable and constrain the development of autonomy. Faced with restrictive and contradictory institutional regulations, young people adapt their relationship to socio-judicial services by adopting three types of attitude.


Author(s):  
Tom R. Tyler ◽  
Rick Trinkner

Chapter 9 discusses legal socialization within the juvenile justice system. Adolescence is a developmental period during which many young people have contact with legal authorities, primarily the police. These contacts involve high levels of discretion for law enforcement, and studies show the manner in which that discretion is exercised has strong consequences for the subsequent orientations that adolescents have toward the law as well as their later law-related behavior. In particular, adolescents react to how fairly the authorities treat them. Juvenile justice is a particularly contentious area of policy with many punitive practices advocated in spite of evidence that they do not build legitimacy or reduce crime. On the other hand, experiencing justice is shown to promote legitimacy and lower offending.


2021 ◽  
Vol 13 (3) ◽  
pp. 1747-1755
Author(s):  
Subarsyah Subarsyah

Crimes committed by children are currently experiencing a very significant increase. In Indonesia, the settlement of criminal cases against children is included in vulnerable children who need more attention in fulfilling their rights. However, there are still many violations of children's rights during their status as perpetrators of crimes and afterwards. This study aims to analyze the fulfilment of the formal education of criminal children by Law Number 11 of 2012 concerning the Juvenile Justice System. This study uses a qualitative approach with a literature study. The results of the study explain that Indonesia as a country that has ratified the Convention on the Rights of the Child through Presidential Decree Number 36 of 1990 dated August 25, 1990, has further integrated children's rights into national law, namely into Law Number 23 of 2002 concerning Child Protection. Protection of children was created as an effort to educate and build quality and affluent children in education. These forms of protection include providing comfort, security, health, and adequate education. The existence of The Child Special Guidance Institute plays a vital role in fulfilling the educational needs of formal and non-formal children.


2014 ◽  
Vol 6 (1) ◽  
pp. 85-99 ◽  
Author(s):  
A.I. Kirsanov ◽  
D.G. Davydov ◽  
A.V. Zavalskiy ◽  
N.A. Skribtsova

We describe the results of a survey of 50 experts – representatives of educational institutions of Moscow, district education authorities and the staff of the juvenile justice system. We note that the researchers often miss the opinion of the subjects of preventive work. Expert survey allowed to specify the conditions and behavioral manifestations of contemporary youth extremism, rank his psychological reasons, summarize the available methods and forms of prevention. We show the basic extremist ideas that are common among young people, and extremists speech features. The study revealed the understanding by the subjects of the preventive work of the “extremism” concept content, of goals and mechanisms of prevention, shows the typical difficulties in this work. The results can be used to search for new and more effective forms of prevention and improving the organization of preventive work in general.


Yustitia ◽  
2020 ◽  
Vol 6 (1) ◽  
pp. 79-93
Author(s):  
Maemunah Maemunah

Children are a trust and gift from God who has dignity and dignity as a whole human being. In order to safeguard his dignity, the child is entitled to special protection, especially legal protection in the justice system. In realizing the maximum child protection, requires a policy that supports the realization of maximum protection, with the issuance of Law Number 11 Year 2012, concerning the Juvenile Justice System. This is done because Indonesia as a State Party in the Convection of children's rights governing the principle of legal protection against children have an obligation to provide special protection for children in conflict with the law. In Article 7 Paragraphs 1 and 2 of the Law on the Juvenile Justice System, article 7 (1) At the level of investigation, prosecution and examination of cases of children in the district court must be endeavored Diversion, (2) Diversion as meant in paragraph (1) is carried out in the case of acts crimes committed: (a) are threatened with imprisonment of less than 7 (seven) years and (b) do not constitute repeat offenses. This study intended to examine and analyze the form of legal construction of the Juvenile Justice System specifically implementing diversion for victims with demands of less than 7 years. The research method uses a statutory approach, a case approach, and a comparative approach to the number of cases by reviewing and analyzing legislation, journals, cases, data and direct interviews. According to the results of the study, it is found that the implementation of legal penal system of the Juvenile Justice System (1) child cases is increasing, (2) diversion is carried out since the investigation up to the court, and there are still many that are done at a higher level, (3) have an understanding, that diversion must be sought, has a meaning that can be done at various levels so that diversion occurs at several levels, and often occurs at the Court level.


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