Rehabilitation within a Punitive Framework: Responsibilization and Disciplinary Utopia in the French Juvenile Justice System

Youth Justice ◽  
2017 ◽  
Vol 17 (3) ◽  
pp. 250-267 ◽  
Author(s):  
Nicolas Sallée

In most Western countries, juvenile justice systems are confronted with a punitive framing of the problem of juvenile delinquency, which challenges the rehabilitative philosophy behind the first laws for minors passed in the first half of the 20th century. Through a sociohistorical study that focuses on the French case, I decrypt the emergence of a new model of ‘rehabilitation under constraint’, symbolized by the opening of new closed educational centers in 2002, followed by new supposedly rehabilitative prisons in 2007. Based on the neoliberal search for a responsibilization of youths, this model revives an old disciplinary utopia that calls our attention to the presumed need for a ‘return of authority’.

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.


2016 ◽  
Vol 8 (4) ◽  
pp. 305-329 ◽  
Author(s):  
Jennifer H. Peck

In 2002, the reauthorization of the Juvenile Justice and Delinquency Prevention Act of 1974 required that states participating in the Formula Grants Program must put forth a good faith effort at addressing juvenile delinquency and the presence of minority youth at all decision-making points of the juvenile justice system without the use of numerical quotas. The last decade has brought about increases in states’ efforts at identifying and assessing the extent of disproportionate minority contact (DMC) across juvenile court contacts. Many states have already implemented or are currently implementing intervention and prevention efforts at reducing DMC. However, the segments of identification, assessment, and intervention are only three of the five phases of the DMC mandate. In light of the progression of the DMC mandate since its original implementation in 1988, the purpose of this essay is to spark discussion on the future of examining DMC in the juvenile justice system through a researcher’s perspective. Various topics that relate to DMC are presented as ideas for readers to consider, as they progress with their research agendas.


2017 ◽  
Vol 25 ◽  
pp. 66 ◽  
Author(s):  
Judit Strömpl ◽  
Anna Markina

Approaching from the UN Convention of the Right of the Child (UNCRC) and the principle of best interest of the child is mandatory in all decision-makings in all EU countries. However, we can see notable contradictions between the articles of UNCRC, the best interest principle and the practice of juvenile justice systems almost in every EU member state. International organisations and national states make efforts to cross the contradictions and to guarantee the rights stated in the UNCRC. In this paper, we present some attempts to enhance the juvenile justice systems while focusing on Estonian case. Participation in two international action research projects enables authors to give an overview about the situation how the rights of Estonian children in detention are followed and what are the main tendencies in everyday practice.


2019 ◽  
Vol 7 (3) ◽  
pp. 111-120
Author(s):  
Kudrat E Khuda

Juvenile delinquency and crime are legal definitions rather than specific behavioural or psychiatric syndromes. Since common law is based on theological law, society has historically responded to juvenile delinquency and crime based on moral and religious beliefs regarding the age at which juveniles are criminally responsible rather than from scientific knowledge. Research shows, there is a high percentage of offending among all teenagers, the majority of offences which violate the law are one time occurrences and most often non-violent. Only about 5-10% of adolescents commit violent crimes. This article aims to show how juvenile delinquency is normally belongs to the illiterate and sometimes with low-income families in Bangladesh and how it is impacting negatively on their frequently engage in juvenile crimes. The article also focuses on the juvenile justice system of Bangladesh and provides few recommendations to prevent the juvenile delinquency from society and to more develop its justice system.


1998 ◽  
Vol 17 (2) ◽  
pp. 185-196 ◽  
Author(s):  
Julie L. Ozanne ◽  
Ronald Paul Hill ◽  
Newell D. Wright

Each year, the juvenile justice system spends billions of dollars to handle approximately 700,000 youths. Yet the rate of recidivism remains high and suggests that this problem and its solutions are not understood fully. The problem of juvenile delinquency exacts a high toll on society in terms of the loss of property, life, and, each year, more disaffected youth. Using ethnographic data as a basis, the authors explore the experiential world of a group of institutionalized, young offenders. By focusing on the meaning of crime and consumption for these youths, the authors hope to shed light on how crime and consumption are used to produce a style of resistance. In the meaning of their possessions, these juvenile delinquents both affirm and disaffirm some of the dominant values in society. The authors use these impulses in the youths’ lives to inform the conduct of current reform programs, as well as public policy.


2006 ◽  
Vol 4 (1) ◽  
pp. 113-191 ◽  
Author(s):  
Marc LeBlanc

AbstractJUVENILE DELINQUENCY AND SOCIAL REACTIONThe object of this research is to define the process of social reaction to juvenile delinquency, as well as the criteria used by the agencies of social control in deciding what factors brand the adolescent a delinquent. Starting with self-reported delinquency, we follow its course within the system of social regulations practised by the public, the police and the courts.The data concern self-reported delinquency (measured by the questionnaire of Nye and Short on self-reported delinquency), delinquency officially known to the police, and the decisions taken by the police and judges with regard to delinquent acts. These data were gathered in five districts in Montreal, representing five social strata.The analysis of the stigma of delinquency showed that there is more chance of working-class subjects entering the juvenile justice system, above all where acquisitive and rebellious delinquency is concerned, especially in relation to the community, the family and sex. Among the middle and upper classes the stigma of delinquency is attached more to aggression and rebellion connected with automobiles and vandalism.As to the origins of social reaction ¦— the way in which an adolescent is admitted to the juvenile justice system .— the citizen reports offences against his person and property, while the police record offences against public order and morals.At the police level, the adolescent is returned to his home if it is a question of rebellion committed by a group between the ages of 12 and 15, whereas he is taken to court if his offence, reported by the citizen, is repeated and of a more serious nature. In the case of those taken to court, the adolescent is detained if he is a recidivist, and receives a summons if it is his first offence.The judges favor special measures in the case of rebelliousness, and no action at all (postponement sine die) in the case of aggression or theft by adolescents of the working class. A recidivist will be institutionalized for a serious infraction and treated within the community in the case of a less serious offence. Re-education in the community is given if the adolescent has been detained, and a fine if he has received a summons.The results clearly show that the characteristics of the delinquent acts are more important than the socioeconomic milieu in determining whatdecisions are taken. However, the socioeconomic milieu does influence admission into the juvenile justice system, as well as judicial reaction. Working-class subjects are given less attention than those from the middle and upper classes, postponement sine die is more often used in the working-class milieu, and fines, re-education within the community and institu-tionalization are more often applied to subjects of the middle and upper classes. Moreover, the margin of discretionary powers in decision making is, on the whole, rather narrow, which means that in the majority of cases, decisions can be explained by no other factors than the characteristics of the delinquent acts. This discretionary margin in decision making is narrow, both at the police and judicial levels, when a choice between particular measures must be made ; on the other hand, there is some leeway, since the judge must choose between postponement sine die and a particular measure. Finally, the course of the offence within the juvenile justice system reinforces the previous decisions through a process of amplification, which, as a consequence, penalizes working-class subjects to some extent.In short, delinquency is an adolescent phenomenon in general, but only a minority of infractions enter and continue to circulate within the juvenile justice system. The criteria for decision making are indeed socio-economic, but more often relate to the past history of the delinquent and the nature of his offence.


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