scholarly journals CHILD JUSTICE IN PRACTICE: The diversion of young offenders

2016 ◽  
Author(s):  
Hema Hargovan
Keyword(s):  
Risk Factors ◽  
Justice System ◽  
Preliminary Analysis ◽  
Young Offenders ◽  
Criminal Behaviour ◽  
New Era ◽  
The World ◽  
Offending Behaviour ◽  
The Many ◽  
The Individual

South Africa’s democratic transition ushered in a new era in child justice reform efforts. The Child Justice Act 75 of 2008 is arguably one of the best pieces of child justice legislation in the world. A central objective of the Act is to encourage the diversion of young offenders away from formal court procedures, giving children the opportunity to express their views on the circumstances of their offending behaviour. An intriguing issue remains the introspection of children themselves on their behaviour and how they are being dealt with by the justice system. This article reports on a preliminary analysis of feedback from children who were diverted to a particular diversion programme, to determine key reasons for youth offending behaviour and to understand their engagement with the diversion process and the diversion programme itself. The many intersecting risk factors at the individual, relationship, community and societal levels that are likely to impact on a child’s likelihood of engaging in anti-social or criminal behaviour, are also highlighted.

Individuality and Beyond

2019 ◽  
Author(s):  
Benedetta Zavatta
Keyword(s):  
Moral Autonomy ◽  
First Line ◽  
Philosophical Interpretation ◽  
Individual Personality ◽  
The World ◽  
Regulative Ideal ◽  
Personal Library ◽  
The Many ◽  
The Individual ◽  
The Impact

Based on an analysis of the marginal markings and annotations Nietzsche made to the works of Emerson in his personal library, the book offers a philosophical interpretation of the impact on Nietzsche’s thought of his reading of these works, a reading that began when he was a schoolboy and extended to the final years of his conscious life. The many ideas and sources of inspiration that Nietzsche drew from Emerson can be organized in terms of two main lines of thought. The first line leads in the direction of the development of the individual personality, that is, the achievement of critical thinking, moral autonomy, and original self-expression. The second line of thought is the overcoming of individuality: that is to say, the need to transcend one’s own individual—and thus by definition limited—view of the world by continually confronting and engaging with visions different from one’s own and by putting into question and debating one’s own values and certainties. The image of the strong personality that Nietzsche forms thanks to his reading of Emerson ultimately takes on the appearance of a nomadic subject who is continually passing out of themselves—that is to say, abandoning their own positions and convictions—so as to undergo a constant process of evolution. In other words, the formation of the individual personality takes on the form of a regulative ideal: a goal that can never be said to have been definitively and once and for all attained.

Appropriating Law in Harriet Beecher Stowe's Dred

2007 ◽  
Vol 62 (3) ◽  
pp. 380-406 ◽  
Author(s):  
Laura H. Korobkin
Keyword(s):  
North Carolina ◽  
Legal System ◽  
Slave System ◽  
Personal Beliefs ◽  
Great Dismal Swamp ◽  
Dismal Swamp ◽  
The World ◽  
The Law ◽  
The Many ◽  
The Individual

This essay investigates Harriet Beecher Stowe's interpolation of State v. Mann, a harsh 1829 North Carolina proslavery decision, into her 1856 novel Dred: A Tale of the Great Dismal Swamp. The essay argues that Stowe's use of State v. Mann continues a conversation about slavery that had been carried on through its text for many years in abolitionist writings. Bringing State v. Mann's circulation history into view shows Stowe engaging the antislavery establishment as well as the legal system, borrowing and imitating its techniques for handling proslavery materials. If her novel is infiltrated and structured by the many legal writings that it assimilates, its fictive world in turn infiltrates, interprets, and alters the significance of the writings she employs, so that proslavery legal writings are made to testify strongly against the slave system that they originally worked to maintain and enforce. Stowe's hybrid text dominates the law while smoothly assimilating it into an interpretive fictive context. Simultaneously, Stowe's typographical cues remind readers of State v. Mann's ongoing, destructive extratextual legal existence. By linking fictive context to legal content, Stowe's novel suggests that slave law must be read and interpreted as a unit that includes the individual suffering it imposes. Misreading State v. Mann as revealing its author's belief in the immorality of slavery, Stowe constructs a fictional judge who upholds slave law despite his personal beliefs. By absorbing, imitating, and besting the strategies and the reach of both legal and abolitionist writings, Dred implicitly stakes a claim for the superior power of political fiction to act in the world.

Young offenders’ experiences of an indeterminate sentence

2015 ◽  
Vol 17 (1) ◽  
pp. 55-68 ◽  
Author(s):  
Melanie Merola
Keyword(s):  
Interpretative Phenomenological Analysis ◽  
Justice System ◽  
Design Methodology ◽  
Young Offenders ◽  
Positive Aspect ◽  
Expiry Date ◽  
Content Type ◽  
Offending Behaviour ◽  
The Impact ◽  
Practical Implications

Purpose – The purpose of this paper was to understand the experience of those living with the Imprisonment for Public Protection (IPP) sentence. Design/methodology/approach – Interpretative Phenomenological Analysis (IPA) was used to analyse seven interviews with Young Offenders aged 18-21 who were serving an IPP sentence. Two participants were past their tariff expiry date, two had less than a year until their tariff date and three had more than a year until their tariff date. Findings – Several themes were found, each with their own subthemes: Injustice of the Justice System, Not Knowing, Coping, Change and Walking on Eggshells. Participants still detailed negative aspects of the sentence but within this was one, important, positive aspect, namely the inspiration the sentence gave for them to change their offending behaviour. However, this has come at a cost with participants feeling as though they have been treated unfairly, finding it difficult to cope, feeling victimised and finding it difficult to see a future. Practical implications – Lapses in motivation do not necessarily reflect the risk of the person but the difficulty of the sentence. Motivation can be fostered and developed through motivational interviewing, praise and peer support IPPs should be given more credit for the way they manage themselves daily and more understanding when they struggle. IPPs could be victimised by determinate prisoners or by staff. Establishments should be aware of this and help IPPs resolve situations without feeling like they are a victim. Consideration should be given to converting IPP sentences to determinate sentences. Originality/value – Previous research focused on the negative aspects of the sentence, the purpose was therefore to approach the situation with an open mind and by using a method that allows those with an IPP sentence to share their experience of the sentence. IPA allowed for exploration of the effects of the sentence on those serving it and therefore gains a further understanding of the impact of the sentence.

How Complex Developmental Trauma, Residential Out-of-Home Care and Contact with the Justice System Intersect

2017 ◽  
Vol 42 (2) ◽  
pp. 108-112 ◽  
Author(s):  
Jenna Bollinger ◽  
Stephanie Scott-Smith ◽  
Philip Mendes
Keyword(s):  
Home Care ◽  
Emotional Regulation ◽  
Justice System ◽  
Developmental Trauma ◽  
Out Of Home Care ◽  
Unpredictable Environment ◽  
Offending Behaviour ◽  
The Individual ◽  
Early Trauma ◽  
Drug And Alcohol

Complex developmental trauma impacts on neurobiological development through the creation of a frightening and unpredictable environment in which the brain develops. This early experience results in an under-developed limbic system and pre-frontal cortex. For some children and young people, their experiences of early trauma lead them into the residential Out-of-Home Care (OOHC) system. Neurodevelopmental delays that occur as a result of early trauma and abuse often become particularly pronounced during adolescence, including limited impulse control, poor emotional regulation and attachment impairments. These same delays contribute to offending behaviour and subsequent contact with the justice system. Complex developmental trauma has serious repercussions both for the individual and the society in which he or she lives. These repercussions may take the form of offending behaviour and contact with the justice system, drug and alcohol abuse, and continuing cycles of abuse and violence within families or victimisation.

O Que é Socioeducação? Uma Proposta de Delimitação Conceitual

2018 ◽  
pp. 71
Author(s):  
Eliseu De Oliveira Cunha ◽  
Maria Virgínia Machado Dazzani
Keyword(s):  
Justice System ◽  
Juvenile Justice System ◽  
Early Years ◽  
Educational Strategies ◽  
Educational Processes ◽  
The World ◽  
Theoretical Paper ◽  
The Law ◽  
Criminal Behaviors ◽  
The Individual

O termo “socioeducação” vem sendo amplamente utilizado no Brasil já há algumas décadas, especialmente, no terreno das tecnologias de atendimento a adolescentes em conflito com a lei. Todavia, parece não haver muita clareza em relação a que, precisamente, tal termo se refere, ao que se conclui que esse ainda carece de consistência conceitual. Este artigo teórico tem por escopo brindar a comunidade socioeducativa com uma proposta de delimitação conceitual para o termo, partindo do prescrutamento do percurso histórico do qual ele é tributário, bem como da análise crítica de sua utilização na legislação e na literatura. Tal perquirição histórico-legal conduziu à descoberta de que, no início do século XX, a compreensão de que, em seus anos iniciais, o indivíduo é mais suscetível à instrução e à correção adentrou o sistema de justiça juvenil, favorecendo a tese de que os menores infratores deveriam ser, em vez de punidos, reabilitados socialmente, por meio da educação. Desde então, uma intencionalidade corretora de condutas delitivas juvenis, mediante estratégias educativas, tem se alastrado pelo mundo, sob vários rótulos. Entende-se que a socioeducação é a versão brasileira e atualizada desse intento. Ela compreende os processos educativos direcionados aos adolescentes em conflito com a lei visando a não reincidência infracional. O estudo oferece uma contribuição ao desenvolvimento teórico da temática.Palavras-chave: Socioeducação. Definição. Conceituação. Medidas Socioeducativas. Adolescentes em Conflito com a Lei.AbstractThe term “socioeducation” has been widely used in Brazil already for some decades, especially in the area of care technologies for adolescents in conflict with the law. However, it seems that there is not much clarity about what it refers to, thus we conclude that it still lacks conceptual consistency. This theoretical paper aims to provide the socio-educational community with a proposal of conceptual delimitation for the term, starting from the historical route persecution from which it is tributary, as well as the critical analysis of its use in legislation and literature. This historical-legal perquisition led us to the discovery that in the early twentieth century the understanding that in the early years the individual is more susceptible to instruction and correction came in the juvenile justice system, favoring the thesis that minors offenders should be, rather than punished, socially rehabilitated through education.Since then, an intentionality of to correct juvenile criminal behaviors through educational strategies has spread around the world under several labels. We understand that socioeducation is the Brazilian updated version of this attempt. It refers to educational processes directed at adolescents in conflict with the law aiming at non-recurrence of infraction. The study offers a contribution to the topic theoretical development.Keywords: Socioeducation. Definition. Conceptualization. Socioeducative Measures. Adolescents in Conflict with the Law.

Initiating New Academic Programs in Materials Science

MRS Bulletin ◽  
1992 ◽  
Vol 17 (9) ◽  
pp. 39-41
Author(s):  
M. Mundschau
Keyword(s):  
Materials Science ◽  
Colleges And Universities ◽  
Natural Sciences ◽  
Academic Programs ◽  
State University ◽  
Bowling Green State University ◽  
The World ◽  
The Many ◽  
The Individual ◽  
Scientific Environment

Materials science has come of age. The need now exists to establish programs in education and research in materials science at colleges and universities throughout the world. It is not realistic to expect that every university will receive funds to found entirely new programs. However, the infrastructure for materials science already exists at most universities that have offered traditional studies in the natural sciences. It is the purpose of this article to provide ideas and suggestions for initiating new academic programs in materials science by using existing resources. The major prerequisite for success is a faculty and staff who are willing and able to adapt to a rapidly advancing scientific environment and who have the individual initiative to seize and profit from the many new opportunities in materials science. This article reports an experiment in progress at Bowling Green State University, Ohio which uses the strengths of the Departments of Biology, Chemistry, Geology, Physics and Technology to develop a new program in materials science. I hope it will serve as a model for other universities.

scholarly journals Overdiagnosis: An unrecognised and growing worldwide problem in healthcare

2017 ◽  
Vol 56 (3) ◽  
pp. 147-149 ◽  
Author(s):  
John Brodersen
Keyword(s):  
Risk Factors ◽  
Risk Factor ◽  
Cause Of Death ◽  
High Income ◽  
Pharmaceutical Drugs ◽  
Individual Person ◽  
The World ◽  
Disease Mongering ◽  
Definition Of ◽  
The Individual

Abstract Overdiagnosis is the diagnosis of deviations, abnormalities, risk factors, and pathologies that in themselves would never cause symptoms (this applies only to risk factors and pathology), would never lead to morbidity, and would never be the cause of death. Therefore, treating an overdiagnosed condition (deviation, abnormality, risk factor, pathology) cannot, by definition, improve the patient’s prognosis, and can therefore only be harmful. Overdiagnosis is an extremely harmful and big problem all over the world, and the problem is increasing. This is especially the case in high-income countries, where more sensitive tests, more testing, more screening and earlier diagnosis is in focus, and more of the same will be implemented in the future. Moreover, disease definitions have been and are still being widened, plus thresholds for treating, e.g. risk factors, have been and are still being lowered. Finally, disease mongering is growing, because it is cheaper and faster to invent new “diseases” than new pharmaceutical drugs. From the definition of overdiagnosis it can be reasoned that a patient who has been correctly diagnosed and a person who has been overdiagnosed can have the same kind of pathologies. Therefore, at the level of the individual person or patient it can never be verified whether he or she has in fact been correctly diagnosed or overdiagnosed. Therefore, the complexity, dilemmas and pitfalls in understanding what overdiagnosis really is so succinctly captured by this quote from the Danish philosopher S⊘ren Kirkegaard (1813-55): ‘Life can only be understood backwards; but it must be lived forwards’.

scholarly journals Dynamic Risk Factors and their Utilisation in Case Formulation: A New Conceptual Framework

2021 ◽  
Author(s):  
◽  
Lauren Palmer
Keyword(s):  
Risk Factors ◽  
Sexual Offenders ◽  
Case Formulation ◽  
Dynamic Risk Factors ◽  
Dynamic Risk ◽  
Key Issues ◽  
Forensic Case ◽  
Reducing Recidivism ◽  
Offending Behaviour ◽  
The Individual

<p>The social pressure on policy makers and clinicians working with sexual offenders to reduce recidivism is extreme. A result of this pressure is the amount of research investigating risk-related features that has surged over the last few decades. Risk assessment has progressed from unstructured clinical judgement to development of risk factors that correlate with recidivism to predict levels of risk, and more recently, to forensic case formulation. This thesis concentrates on two key issues with forensic case formulation that has been largely neglected thus far. First, forensic case formulations rely heavily on the use of dynamic risk factors as causes of offending. The concern is that dynamic risk factors are composite constructs not causal mechanisms. Second, forensic case formulation models do not explain how to use an offender’s information and their risk factors to hypothesise about the cause of their offending leading to issues of reliability. To address these issues, the RECFM consists of five phases that guides clinicians on how to appropriately use forensic case formulation. The Risk Etiology Case Formulation Model (RECFM) aims to incorporate a reconceptualised version of dynamic risk factors using an Agency Model to identify the interaction of agent and context that causes offending behaviour. By using the RECFM, treatment can be targeted to the individual and their specific causes of offending, which will lead to better results in reducing recidivism. The aim of this thesis is to provide a forensic case formulation model is comprehensible for clinicians and that targets the causes of offending.</p>

scholarly journals Leadership Achievements in Extreme Situations

2021 ◽  
Vol 104 (1-2) ◽  
pp. 172-180
Author(s):  
David Paresashvili
Keyword(s):  
Organizational Leadership ◽  
Professional Experience ◽  
Transformational Leader ◽  
Composite Image ◽  
The World ◽  
Political Stance ◽  
The Many ◽  
The Individual ◽  
Operating Instructions

Organizational leadership requires developing an understanding of your own worldview as well as the worldviews of others. The worldview is a composite image created from the various lenses through which individuals view the world. It is not the same as the identity, political stance, or religious viewpoint, but does include these things. It incorporates everything an individual believes about the world, combining the tangible and the intangible. The individual’s worldview is defined by that individual’s attitudes, opinions, beliefs, and the outside forces the individual allows to influence them. The worldview is the “operating instructions” for how the individual interfaces with the world. One who does not take into consideration how individuals interface with the world is in a much weaker position to lead these individuals. Furthermore, the organizational leadership requires an understanding of the composite worldview of the organization, which consists of the many diverse and sometimes conflicting worldviews of the individuals within that organization. Keywords: Professional experience, transformational leader, leadership interpretations, game norms.

5. Data protection

2015 ◽  
Author(s):  
Raymond Wacks
Keyword(s):  
Health Services ◽  
Data Protection ◽  
Personal Data ◽  
Private Institutions ◽  
Modern Life ◽  
The Core ◽  
The World ◽  
Protection Legislation ◽  
The Many ◽  
The Individual

The routine functions of government and private institutions require a continual supply of data about us in order to administer effectively the many services that are an integral part of modern life. The provision of health services, social security, credit, insurance, and the prevention and detection of crime assume the availability of a considerable quantity of personal data and, hence, a willingness by individuals to supply it. The ubiquity of computers and computer networks facilitates almost instant storage, retrieval, and transfer of data, a far cry from the world of manual filing systems. At the core of all data protection legislation is the proposition that data relating to an identifiable individual should not be collected in the absence of a genuine purpose or the consent of the individual concerned. Adherence to, and enforcement of, this idea (and the associated rights of access and correction) has been mixed in the nearly 100 jurisdictions that have enacted data protection legislation. This chapter assesses the extent to which these statutes have succeeded in protecting personal data.

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