scholarly journals (Nie)skuteczność instytucjonalnego wsparcia udzielanego osobom wykolejającym się w trajektorii ich przestępczej kariery

2018 ◽  
pp. 83-97
Author(s):  
Monika Noszczyk-Bernasiewicz

The article contains an in-depth qualitative analysis of 60 biographies of juvenile offenders in terms of the institutional (in)effectiveness of counteracting crime in the period before being placed in a closed facility. The analysis of the data shows that placement in a correctional facility is preceded by the application of many educational measures from supervision order to the decision to place a minor in an educational facility. Based on the collected data, it is possible to find a bad way of exercising parental care over the delinquents, and especially the ineffectiveness of the reactions undertaken by state institutions - remedial actions – including the family court.

Author(s):  
Tom Ellis ◽  
Akira Kyo

This chapter provides the first comprehensive overview of Japanese youth justice, locating it within wider conceptual considerations of youth justice, such as welfare versus justice and penal populism, before outlining its historical development and questioning its uniqueness. It discusses the contested notion pre-delinquency and its net widening potential and its place in the wider trends in Japanese youth crime. The study critically assesses the overall organization, administration, and impact of the Family Court (equivalent to youth or juvenile courts) and summarizes recent developments in youth crime policy. Although the Family Court is at the center of youth justice, it involves many social welfare elements. Despite the increasingly punitive rhetoric, policy, and legislation for juveniles in Japan, there is no evidence that more juvenile offenders are being committed to the adult courts. Overall, we found a clear precedence of social welfare over criminal policy considerations.


2018 ◽  
Vol 17 (1) ◽  
pp. 35-46
Author(s):  
Mariana Josefina rey-Galindo

(analytical): This study focuses on an aspect of regional research initiated in 2015 promoted by Argentinian government organizations that I participated in as a Field Assistant. The objective was to raise awareness of and explain how a child can exercise their right to participate in legal matters, mainly in the Family Court. The areas covered by this area of research included: a) the right to be heard, and b) the right to have a lawyer. The study focused on children requiring legal representation in the province of Tucumán during the 2016/2017 period. The methodology used was descriptive and exploratory. A quantitative survey and qualitative analysis of the data was conducted. The results show that legal requirements are partially met and that access to justice for children and adolescents is a model to be followed by all operators of the legal system.


2004 ◽  
Vol 9 (2) ◽  
pp. 376-397 ◽  
Author(s):  
Kate Parlett ◽  
Kylie-Maree Weston-Scheuber

More than a decade has passed since the landmark High Court decision in Marion’s Case,1 where the Court authorised the sterilisation of a young woman who suffered from a disability. Recently, the principles established in that case were applied by the Family Court in a different context – for the provision of hormonal treatment for a 13 year old child,2 some aspects of which are irreversible. Previously, the Family Court had authorised gender reassignment surgery for a child suffering from a physical, congenital condition,3 but notably in Re Alex, the subject child suffered no identified physical condition indicating treatment, but from an identified psychological condition, gender identity dysphoria. This article considers the issues raised by recent applications of the principles relating to the capacity of children to consent to medical treatment, including the decision in Re Alex and the application of those principles to transgender and intersex children. While not all children or adults who identify as transgender or intersex choose the long and difficult path of gender reassignment, some will choose surgical gender reassignment or hormonal treatment at some stage of their lives. In cases where it is proposed that a minor undergo such treatment, the application of the principles of child consent poses particular difficulties.


Author(s):  
Солдатов ◽  
D. Soldatov ◽  
Жильцова ◽  
O. Zhiltsova

The article reflects the results of the comparative empirical research of the motivational component of the adolescents’ image of the future (temporal prospective), who live in different "social situations of development", namely growing up in a family environment, and deprived from the family care. The empirical study was conducted using the MIM techniques (J. Nutten) in groups of adolescents contrast on the basis of place of residence and education: in families or in state institutions (social orphanage, boarding school, orphanage). The study revealed significant differences in motivational tendencies in the contrast groups of adolescents. The authors come to the conclusion that there consistently appear specific motivational tendencies in adolescents left without parental care, the ones that distort and inhibit personal growth, creating risk of vital failure, and therefore require well-timed psychological correction.


Author(s):  
Asha Bajpai

Custody refers to the physical care and control of a minor whereas guardianship is a wider term and includes rights and duties with respect to the care and control of minor’s person and property, and includes the right to make decisions relating to the minor. The present legal regime relating to guardianship and custody of children is discussed, including the Guardians and Wards Act, 1890, the Hindu Minority and Guardianship Act, 1956, the personal and matrimonial laws, and relevant provisions in the Family Courts Act and Protection of Women against Domestic Violence Act, 2005. The emerging concepts of shared parenting, joint custody, and the interparental child removal or abduction of child is included. There is review and analysis of some major reported judicial decisions. A comparative survey of international laws and trends has been done. Suggestions for law reform in the best interest of the child have been given.


Author(s):  
James W. Gladstone

ABSTRACTThis paper focuses on ways that adult children and children-in-law mediate contact between grandmothers and grandchildren, following marriage breakdown and remarriage in the middle generation. A qualitative analysis of face-to-face contact between 110 grandmother-grandchild pairs was conducted. Findings showed that adult children have a more direct influence on visiting, by arranging or obstructing visits between grandmothers and grandchildren. The influence of first or second children-in-law was found to be more indirect. By preventing an estranged spouse from seeing his or her child, custodial children-in-law could also be preventing a grandmother's access to her grandchild, if she depended on her noncustodial child to bring the grandchild to see her when he or she exercised visiting rights. Children-in-law could also act as intermediaries through their absence as well as through their presence. These findings, as well as ways that grandparents can negotiate relationships with adult children and children-in-law, are discussed. Especially noted is the value of monitoring communication exchanges, maintaining friendly relationships with children-in-law and step-grandchildren, and acting as resources to the family.


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