Legal Socialization in the Family

2017 ◽  
Author(s):  
Tom R. Tyler ◽  
Rick Trinkner
Keyword(s):  
Juvenile Justice ◽  
Children And Adolescents ◽  
Justice System ◽  
Juvenile Justice System ◽  
Childhood And Adolescence ◽  
Legal Authority ◽  
Legal Socialization ◽  
The Family ◽  
Pass Through

The chapters in Part III take up the discussion of legal socialization across the spheres of childhood and adolescence. As they move through their early lives, children and adolescents pass through three spheres of authority: the family, the school, and the juvenile justice system. In each of these they can either experience coercive and consensual authority systems. Consensual systems promote the development of internal beliefs in the legitimacy of law and legal authority and because of such beliefs, encourage voluntary deference. Coercive systems lead to a risk orientation toward law, with people complying when the risk of being caught and punished is high.

Why Children Follow Rules

2017 ◽  
Author(s):  
Tom R. Tyler ◽  
Rick Trinkner
Keyword(s):  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Early Period ◽  
Review Of The Literature ◽  
Legal Socialization ◽  
Legal Scholarship ◽  
The Family ◽  
The Law ◽  
Ability And Willingness

Legal socialization is the process by which children and adolescents acquire their law-related values. Such values, in particular legitimacy, underlie the ability and willingness to consent to laws and defer to legal authorities and make legitimacy-based legal systems possible. In their absence people relate to the law as coercion and respond to rewards and punishments. By age eighteen a person’s orientation toward law is largely established, yet recent legal scholarship has largely ignored this early period in favor of studying adults and their relationship to the law. This volume focuses upon socialization and outlines what is known about legal socialization in the family, in schools, and through contacts with the juvenile justice system. Our review of the literature indicates that there are ways to socialize that build legitimacy. These are linked to three issues: how decisions are made, how people are treated, and whether authorities respect the boundaries of their authority. Despite evidence that legitimacy can be socialized, views about the best way to exercise authority are highly contested in America today in families, schools, and within the juvenile justice system. In each case pressures toward coercion are strong. This volume argues for the virtues of a consent-based approach and for utilizing socialization practices that promote such a model.

Legal Socialization in the Juvenile Justice System

2017 ◽  
Author(s):  
Tom R. Tyler ◽  
Rick Trinkner
Keyword(s):  
Law Enforcement ◽  
Young People ◽  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Developmental Period ◽  
The Other ◽  
Legal Socialization ◽  
Other Hand ◽  
System P

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.

scholarly journals Perluasan Pertanggungjawaban Terhadap Tindak Pidana Yang Dilakukan Oleh Anak

2017 ◽  
Vol 1 (3) ◽  
pp. 84-106
Author(s):  
Chairul Bariah ◽  
Mohd Din ◽  
Mujibussalim Mujibussalim
Keyword(s):  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Liability ◽  
District Court ◽  
System State ◽  
Youth Offenders ◽  
Legal Research ◽  
Library Research ◽  
The Family

Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak menyatakan anak yang berkonflik dengan hukum selanjutnya disebut anak yang telah berumur 12 (dua belas) tahun, tetapi belum berumur 18 (delapan belas) tahun yang diduga melakukan tindak pidana. Maka dilihat dari usia anak tersebut haruslah mendapatkan perlakuan yang khusus terhadap anak yang melakukan tidak pidana. Sebagaimana dalamUndang-Undang Sistem Peradilan Pidana Anak disebutkan bahwa hakim wajib mengupayakan diversi paling lama 7 (tujuh) hari setelah ditetapkan oleh ketua pengadilan negeri sebagai hakim.Padadasarnya konsep pertanggungjawaban dari sebuah perbuatan pidana adalah ditanggung oleh pelakunya tanpa membebani pihak lain yang turut bertanggungjawab, namun dalam hal penyelesaian tindak pidana harus melibatkan pelaku, korban, keluarga pelaku/korban, dan pihak lain yang terkait, sehingga terdapat perluasan konsep pertanggungjawaban pidana. Penelitian ini bertujuan untuk menjelaskan dan mengkaji sejauh mana orang tua dapat dimintai pertanggungjawaban terhadap tindak pidana yang dilakukan oleh anak dan konsep pertanggungjawaban pidana terhadap orang tua dalam tindak pidana yang dilakukan oleh anak dan apakah ada hubungan antara diversi dengan pertanggungjawaban terhadap orang tua. Metode penelitian yang digunakan adalah penelitian yuridis normatif dengan penelitian hukum kepustakaan.The Act Number 11, 2012 on the Juvenile Justice System state that a child who is in conflictwith the law hereinafter called as a child who ages 12 (twelve) years old, but not yet 18 (eightteen) year of age alleged to have committed a crime. Therefore, it is seen from the age of the child it should be treated specifically for youth offenders, it can be seen from the obligation for the judge to conduct a diversion for the child’s case. As mention in the The Act on Juvenile Justice System that the judge is obliged to conduct a diversion for a maximum of 7 (seven) days after being stipulated by the head of the district court sitting as a judge. Basically, the concept of criminal liability from the criminal act is borne by its perpetrator without burdening the other party responsible, but in the case of the settlement of the crime must involve the perpetrator, the victim, the family of the perpetrator or victim, and other related parties, and hence there is an extension of the concept of criminal liability. This research aims to explain and explore to which extent parents could be held liable for crimes committed by juvenile and the concept of criminal liability of parents towards crimes committed by their childrenand whether there is a relationship between diversion with responsibility to parents.This is doctrinal legal research or library research.

Child Delinquency, ACEs, and the Juvenile Justice System: Does Exposure to ACEs Affect Justice System Experiences for Children?

2021 ◽  
pp. 154120402110631
Author(s):  
Abigail Novak ◽  
Vitoria De Francisco Lopes
Keyword(s):  
Juvenile Justice ◽  
Children And Adolescents ◽  
Justice System ◽  
Juvenile Justice System ◽  
School Problems ◽  
Childhood Experiences ◽  
Florida Department ◽  
Adverse Childhood ◽  
Older Youth ◽  
Using Data

Thousands of children ages 12 and under are referred to juvenile justice systems each year, and little is known about how their experiences may differ from those of older youth. The purpose of this study was to compare risk factors associated with juvenile justice referral between children and adolescents and examine differences in adjudication and disposition of referred children and adolescents. The moderating role of adverse childhood experiences (ACEs) was also examined. Using data from the Florida Department of Juvenile Justice, results suggest children referred to the juvenile justice system are more likely to have experienced greater numbers of ACEs, have family and school problems, and be referred by schools. Results also indicate children and adolescents differ in their experiences within the juvenile justice system, and that experiences vary according to exposure to ACEs. Results suggest juvenile justice system officials should consider the unique needs of children referred to the system and be cognizant of the influence of non-legal factors in decision-making for this population.

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