The Rights of Children in Conflict with the Law in Ghana

2011 ◽  
Vol 19 (2) ◽  
pp. 271-293 ◽  
Author(s):  
Robert Kwame Ame

AbstractIn a country where implementing children's rights in general remains a major challenge, the idea of according rights to children in conflict with the law can be a daunting task. With too many other children's problems to deal with such as the millions of street children and child laborers, female circumcision, and sexual violence against female children, the needs and rights of juvenile offenders could easily be relegated to the bottom of the government's priorities for children. Nonetheless, by virtue of ratifying the UNCRC in 1990, Ghana has made a commitment to address the needs and respect the rights of children in Ghana including its juvenile offenders. Thirteen years after ratifying the CRC, the Ghanaian Parliament passed the Juvenile Justice Act 2003 (Act 653). What rights does the Act accord children in conflict with the law? Do the policies and practices of the new juvenile justice system measure up to the standards of the Convention? These are the key questions addressed in this paper. The paper concludes that vis a vis the CRC, the new Juvenile Justice Act looks good on paper but argues that there is a colossal gap between policy and practice. The paper ends with suggestions on how to effectively protect the rights of children in conflict with the law.

2019 ◽  
Vol 41 (6) ◽  
pp. 368-377
Author(s):  
Aleksis P. Kincaid ◽  
Amanda L. Sullivan

Youth with disabilities are overrepresented in the juvenile justice system, but few studies have investigated the mechanisms by which this occurs. In this study, we considered how juvenile court adjudication and length of commitment in secure facilities contributed to disproportionality in court involvement and detention, addressing an important gap in the intersection of disability and juvenile justice literature. Using linked educational and juvenile justice records of 41,812 youth, we sought to ascertain whether, among juvenile offenders, youth with disabilities had higher likelihood of adjudication as delinquent or placement in secure facilities for longer periods of time compared to youth without disabilities. Results indicated that youth with and without disabilities were adjudicated and placed similarly, suggesting that disparities contributing to overrepresentation of youth with disabilities in detained populations may manifest earlier in youths’ involvement in the justice system. We conclude with implications for research, policy, and practice.


2020 ◽  
pp. 001112872095002
Author(s):  
Allison T. Chappell ◽  
Scott R. Maggard

Victimization, mental health problems, and disabilities are associated with an increased likelihood of delinquent behavior, and girls in the juvenile justice system report higher rates of past trauma and victimization, sexual abuse, and mental health issues than boys. However, the influence of these problems on juvenile justice processing remains understudied. This study investigated the impact of victimization, mental health problems, disabilities, and comorbidity on intake and adjudication decisions across gender. Data on 74,636 intake cases were obtained from the centralized database of the juvenile justice office in a mid-Atlantic state (FY 2011–2015). Findings suggest that mental health problems, victimization, and disabilities are associated with increased punitiveness at intake but few consistent gender differences emerged. Implications for policy and practice are discussed.


2009 ◽  
Vol 52 (3) ◽  
pp. 313-326 ◽  
Author(s):  
Murli Desai

English This article aims to compare the measures undertaken for children in conflict with the law in terms of strengths and gaps and similarities and differences, together with profiles of children who enter the juvenile justice system in a progressive state of India, namely Goa, and Singapore. French Cette article vise à comparer les mesures prises pour les enfants en conflit avec la loi en termes de forces et manques, ressemblances et différences, ainsi que le profil des enfants entrants dans le système de justice des mineurs dans un état progressiste de l’Inde, en l’occurrence Goa, et Singapour. Spanish Este artículo compara las medidas tomadas para tratar a los niños en conflicto con la ley en términos de fortalezas y vacíos y similitudes y diferencias, y también el perfil de los niños que ingresan al sistema de justicia juvenil en el estado progresivo de India (Goa) y Singapur.


2021 ◽  
Vol 1 (4) ◽  
Author(s):  
Muhammad Irsyad Firdaus ◽  
Mahdi Adriansyah ◽  
Moh Jamaluddin ◽  
Irfan Sudarso Gultom ◽  
Nadya Fairuza

Pelaku tindak pidana tidak hanya dilakukan oleh orang dewasa, melainkan anak-anak juga dapat melakukan tindak pidana. Mengenai pengertian anak-anak yang melakukan tindak pidana atau yang berkonflik dengan hukum diatur dalam Undang-Undang Nomor 11Tahun 2012 tentang Sistem Peradilan Pidana Anak. Dalam UU No 11 Tahun 2012, anak yang divonis bersalah dalam sistem peradilan anak mendapatkan pembinaan di LPKA. Salah satu pembinaan yang penting bagi anak sebagai bekal hidup ketika kelak kembalike masyarakat maka anak didik    penting mendapatkan pendidikan kewirausahaan melalui program pembinaan di LPKA.Kata Kunci: Pendidikan Kewirausahaan, Anak Didik, LPKACriminals are not only committed by adults, but children can also commit criminal acts. Regarding the understanding of children who commit criminal acts or who are in conflict with the law regulated in Law No. 11 of 2012 concerning the Children's Criminal Justice System. In Law No. 11 of 2012, children convicted in the juvenile justice system get coaching at LPKA. One of the important coaching for children as a provision of life when later returned to the community then important students get entrepreneurial education through a coaching program at LPKA.  Keywords: Entrepreneurial Education, Protege, LPKA


2021 ◽  
Vol 3 ◽  
pp. 35-56
Author(s):  
Rafika Nur ◽  
Handar Subhandi Bakhtiar ◽  
Nurul Miqat ◽  
Darmawati Darmawati ◽  
Mustawa Mustawa

The position of children who have special rights in the law makes children get special treatment. In the juvenile justice system in Indonesia, there are two systems of sanctions, namely criminal sanctions and actions, and this is done to realize the protection of children who are dealing with the law.  This research is a normative juridical review, using a statute, comparative and conceptual approaches. The results show that the imposition of sanctions on children is based on the child's age, where children aged 12 to before 14 years can only be sanctioned with actions, and children aged 14 to before 18 years may be subject to criminal sanctions or actions.


1982 ◽  
Vol 12 (1) ◽  
pp. 89-102 ◽  
Author(s):  
Charles F. Frazier ◽  
Roberto Hugh Potter

The American stance on law and control policy relating to alcohol and drug use has been replete with vacillations. Decriminalization and treatment oriented responses have emerged alongside continued support for laws calling for stiffer penalties and stepped up enforcement. In this situation, concern has grown over the possibilities that liberal legislation is subverted in actual practice to serve other purposes. It is feared offenders may be coerced into alternative sentences in the name of treatment and that such treatments may ultimately be more restrictive than traditional punitive dispositions. The present study examines the dispositions of juvenile offenders at three levels in the justice system. Alcohol and drug of fenders are compared to other offender types. Our data show no significant differentials in the severity of disposition alcohol and drug offenders receive. Moreover, the data show that youths violating drug and alcohol statutes are no more likely than other offender types at the same level of offense seriousness of being coerced into treatment programs.


2018 ◽  
Vol 45 (8) ◽  
pp. 1252-1268 ◽  
Author(s):  
Lesley Zannella ◽  
Jennifer Eno Louden ◽  
Patrick Kennealy ◽  
Tamara Kang

The Massachusetts Youth Screening Inventory-Second Version (MAYSI-2) has been widely adopted by juvenile justice agencies to identify adolescents in the juvenile justice system who have a mental disorder. Despite this, evidence of the ability of the MAYSI-2 to generalize across different ethnic groups is limited. Because Latinos are overrepresented in the juvenile justice system, we examined the psychometric properties of each subscale in a sample of 472 Latino juvenile offenders using confirmatory factor analyses (CFA), Pearson’s correlation coefficients, and simple linear regressions. The CFA models suggest adequate fit for Latino youth, and the correlations and regressions show strong convergent validity with the K-SADS-PL for a number of MAYSI-2 subscales, lending support to the generalizability of the MAYSI-2 to Latino adolescents. These results may be particularly beneficial for juvenile justice system administrators who render mental health treatment recommendations for youth offenders of different ethnicities.


1999 ◽  
Vol 33 (01n02) ◽  
pp. 87-96
Author(s):  
铁荣 卢

香港的刑事责任年龄是七岁,即七岁以下的儿童,是不会被推定为有罪。这刑责年龄是国际标准上最低之一。近日本地的法律改革委员会建议将它提高至十岁,香港儿童权利委员会更建议以十四岁为刑责年龄。提高刑责年龄的后果,是所有在法定刑责年龄以下的违法少年都不再需要负法律责任,他们不需要经警司警诫或司法审讯,极其量只能由少年法庭引用保护令来保护他们。本文讨论影响青少年犯罪的三种重要因素,现时处理违法少年的方法,和在研究提高刑责年龄的可行性时,在少年司法制度中需要考虑的因素,特别是在没有彻底改善现行的少年司法制度时,广泛地运用保护令所带出之问题,最后建议一些处理方法。 In Hong Kong, the age of criminal responsibility is seven, i.e. any person aged below seven shall not be convicted of a crime. This age is one of the lowest in the world. Recently, the Law Reform Commission has recommended to raise the age to ten; the Committee on Children's Rights even suggested raising it to 14. If the age of criminal responsibility is to be raised, juvenile offenders would no longer be cautioned by the police or prosecuted in the juvenile court, although care or protection order can be granted o them. This article outlines the major factors affecting juvenile crimes and the current methods in handling juvenile offenders. It also identifies several crucial factors for consideration, in particular the negative effect of using care or protection order when no substantial improvement in the juvenile justice system has been made, if the age of criminal responsibility is to be raised. Several recommendations to improve the juvenile justice system are highlighted too.


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