scholarly journals SOCIAL REACTION TO JUVENILE CRIME

Author(s):  
Marijana Vučićević

Social reaction to juvenile crime has evolved over time toghether with crime. In the initial period, juveniles were punished like adults and the primary purpose of punishment was repression, which is quite different today. In terms of punishment of juvenile offenders, our country has accepted the widely used system which is primarily characterised by the protection and education of juveniles. Therefore, the Act on Juvenile Criminal Offenders and Criminal-law Protection of Juveniles introduced educational orders whose primary purpose is to reduce the institutional treatment of juveniles and to contribute to their rehabilitation through their active involvement and improving relations with the victim. To this effect, the most preferable measures are educational measures whose main purpose is to provide assistance, supervision and rehabilitation of minors, and to prevent commission of crimes in the future. The most common educational measures are measures of intensive supervision which imply greater control over a minor by a parents, another family member or the guardianship authority. Institutional measures are the least common because they are the most serious kind of educational/correctional measures. In this system, the punishment of imprisonment is used exceptionally; thus, juvenile imprisonment is the last resort punsihment, which may be applied only against an older juvenile.

Author(s):  
Yermak O.V. ◽  

Much attention in society is given to the problem of the impact of criminal and legal measures on juvenile offenders but it does not lead to radical change. Juveniles often commit various types of criminal offenses related to drug use and violence. In the process of analyzing the Criminal Code of Ukraine and special literature in order to study the legal nature of other measures of criminal law applicable to minors, the following their types are investigated: coercive measures of medical nature, special confiscation and coercive measures of educational nature. In order to treat, improve the mental state, prevent committing of new offenses against minors, coercive measures of medical nature are applied. Namely they are: providing compulsory outpatient psychiatric care; hospitalization in a psychiatric institution with regular supervision; hospitalization in a psychiatric institution of intensive care; hospitalization in a psychiatric institution under strict supervision. Special confiscation is a compulsory, gratuitous seizure by a court of state property of money, property and other property and applies to a minor in general. Determining the type of coercive measure takes place in court and depends on the severity of the crime and other circumstances. Coercive measures of educational nature are measures aimed at educating minors, providing additional control over them and preventing from committing of new socially dangerous actions. Types of such measures are warnings; restriction of leisure and establishment of special requirements for minor’s behavior; transferring under the supervision of parents or persons replacing them, or teaching or work staff with their consent, or individual citizens at their request; imposing on a minor who has reached the age of fifteen and has property, money or earnings, the obligation to compensate for the property damage caused; referral of a minor to a special educational institution and appointment of a minor educator. Key words: juvenile criminal law, Criminal Code of Ukraine, coercive measures of medical nature, special confiscation, coercive measures of educational nature, punishment.


2021 ◽  
Vol 2 ◽  
pp. 11-14
Author(s):  
Evgeniy V. Medvedev ◽  

The question of grounds to use of coercive measures of educational influence still remains one of the unresolved issues both in the theory of criminal law and at the level of legislation. As a result of the study, the author comes to the conclusion that the most important task of implementing these measures is to eliminate gaps in the socialization of the adolescent’s personality as one of the key determinants of delinquent behavior. At the same time, it should be taken into account that the real corrective effect on the psyche and behavior of a minor criminal can be provided not by all, but only by those measures of influence that are associated with training (education), work, familiarization with culture (social and cultural values), as well as active involvement of the convicted person in other socially useful activities.


Author(s):  
Marija Milojević

he specific nature of juvenile delinquency and the all-present tendency of diverse response to juvenile crime have resulted in distinguishing juvenile criminal law as a separate branch of criminal law. Juvenile criminal law entails special temporary measures which, as such, do not exist in the proceedings against adult individuals. In this paper, the author will point out their characteristics and analyse the concepts of temporary accommodation and referral of juveniles to professional institutions for further assessment. The paper also provides an explanation of the extent to which the international standards on juveniles are observed in our legislation in terms of these temporary measures. The adoption and subsequent application of the Act on Juvenile Criminal Offenders and Protection of Minors in Criminal Law (hereinafter: the Juvenile Justice Act) has proven to be a positive turning point in the regulation of temporary measures. Thus, there is no need for significant reforms except for slight changes, which will be pointed out in this paper. The new draft of the Juvenile Justice Act does not bring substantial changes in this area. This paper provides an overview of the amended provisions and analyzes their purpose and implications.


2020 ◽  
Author(s):  
Brandon Sparks

Over the past several decades, societal responses to juvenile crime has evolved from harsh sentences (including death) to more lenient punishments in congruence with our greater understanding of adolescent development. However, some groups of young offenders, such as those convicted of sexual offenses, appear to have fallen victim to a more punitive zeitgeist, where the mitigating effect of age may be diminished. In a 3 x (2) design, participants were randomly assigned to one of three vignette conditions and completed several measures regarding both juveniles and adults adjudicated for sexual offenses, including attitudes, moral outrage, and recommendations for sentence length and registration. Results indicated that adjudicated juveniles are viewed more favourably than their adult counterparts, although both received relatively long sentences. Further, over 90% of participants endorsed some form of registration for juvenile offenders. Implications for offender reintegration and public policy are discussed below.


2020 ◽  
Vol 2020 (12-3) ◽  
pp. 242-249
Author(s):  
Alexander Sergeev ◽  
Ekaterina Bratukhina ◽  
Irina Kushova ◽  
Dmitriy Ovsyukov

The article examines the historical aspects of the evolution of the legislative definition of the age of onset of criminal responsibility and the specifics of sentencing juvenile offenders in the 18th and first half of the 19th century.


Author(s):  
Zarina Khisamova ◽  
Ildar Begishev

The humanity is now at the threshold of a new era when a widening use of artificial intelligence (AI) will start a new industrial revolution. Its use inevitably leads to the problem of ethical choice, it gives rise to new legal issues that require urgent actions. The authors analyze the criminal law assessment of the actions of AI. Primarily, the still open issue of liability for the actions of AI that is capable of self-learning and makes a decision to act / not to act, which is qualified as a crime. As a result, there is a necessity to form a system of criminal law measures of counteracting crimes committed with the use of AI. It is shown that the application of AI could lead to four scenarios requiring criminal law regulation. It is stressed that there is a need for a clear, strict and effective definition of the ethical boundaries in the design, development, production, use and modification of AI. The authors argue that it should be recognized as a source of high risk. They specifically state that although the Criminal Code of the Russian Fe­deration contains norms that determine liability for cybercrimes, it does not eliminate the possibility of prosecution for infringements committed with the use of AI under the general norms of punishment for various crimes. The authors also consider it possible to establish a system to standardize and certify the activities of designing AI and putting it into operation. Meanwhile, an autonomous AI that is capable of self-learning is considerably different from other phenomena and objects, and the situation with the liability of AI which independently decides to undertake an action qualified as a crime is much more complicated. The authors analyze the resolution of the European Parliament on the possibility of granting AI legal status and discuss its key principles and meaning. They pay special attention to the issue of recognizing AI as a legal personality. It is suggested that a legal fiction should be used as a technique, when a special legal personality of AI can be perceived as an unusual legal situation that is different from reality. It is believed that such a solution can eliminate a number of existing legal limitations which prevent active involvement of AI into the legal space.


2018 ◽  
Vol 52 (4) ◽  
pp. 1731-1746
Author(s):  
Milica Kovačević
Keyword(s):  

2017 ◽  
Vol 2 (1) ◽  
pp. 27
Author(s):  
Hambali Thalib ◽  
Sufirman Rahman ◽  
Abdul Haris Semendawai

The purpose of this research is to study the role of justice collaborator in uncovering who is the mastermind behind a major crime in the act of criminal law, and also not only end on a minor defendant (field defendant). The empirical law research methods is conducted on the Commission Eradication Commission (KPK) and the Witness and Victim Protection Agency (LPSK). The results shows that the role of justice collaborator facilitates the verification in the criminal judicial process in order to totally reveal the well-organized transnational crime. In this context, corruption in Indonesia is committed collectively, the existence of regulations on justice collaborator is a legal instrument that is expected to strengthen the collection of Form of Evidence dan Real Evidence at the trial


1972 ◽  
Vol 53 (1) ◽  
pp. 131-138 ◽  
Author(s):  
P. M. SMITH ◽  
B. K. FOLLETT

SUMMARY Pituitaries from Japanese quail were superfused continuously for up to 12 h and the luteinizing hormone (LH) in the superfusate was measured by radioimmunoassay. After an initial period the release rate remained low and relatively constant. The introduction of hypothalamic extracts prepared from quail substantially increased immunoreactive LH release. The responses were dose-dependent. Cortical extracts caused a minor but significant response. Dopamine was inactive in the system. The technique is attractive because it allows for repetitive stimulation of the same pituitary glands with treatments being administered every 30–45 min.


2020 ◽  
Vol 5 (1) ◽  
pp. 119-136
Author(s):  
Hafrida Hafrida ◽  
Helmi Helmi

ABSTRAKArtikel ini bertujuan untuk menganalisis konsep perlindungan korban melalui kompensasi dalam peradilan pidana anak sebagai wujud tanggungjawab negara. Peradilan Pidana Anak di Indonesia melalui Undang-Undang Nomor 11 Tahun 2012 mengedepankan penyelesaian perkara anak melalui keadilan restoratif yang memberikan perlindungan yang seimbang antara perlindungan pelaku anak melalui diversi dan perlindungan korban tindak pidana anak. Diversi yang memberikan perlindungan yang seimbang antara pelaku dan korban ini merupakan pembaharuan dalam hukum pidana anak yang berkeadilan untuk semua pihak (Victim-offender oriented). Keterlibatan korban/keluarganya dan pelaku/keluarganya sangat menentukan berhasil atau tidaknya diversi dalam penyelesaian perkara anak. Posisi pelaku/keluarganya dan korban/keluarganya adalah sejajar. Kepentingan kedua belah pihak harus sama dan seimbang. Perlindungan korban melalui kompensasi merupakan wujud tanggungjawab negara terhadap warga negara yang menjadi korban tindak pidana. Kondisi empirik menurut data Badilum MA menunjukan rendahnya keberhasilan diversi (4%), kegagalan diversi ini penyebab utamanya adalah tidak tercapainya kesepakatan ganti kerugian karena kesepakatan diversi hanya diserahkan sepenuhnya pada kesepakatan pelaku dan korban. Disinilah menunjukan bahwa negara abai terhadap perlindungan korban, seharusnya ketika negara melindungi kepentingan pelaku anak melalui diversi maka seharusnya negara juga menjamin perlindungan korbannya melalui kompensasi, sehingga ke depan diharapkan tingkat keberhasilan diversi akan semakin baik. Kata kunci: kompensasi; korban tindak pidana; peradilan pidana anak; perlindungan korban. ABSTRACT This article aimed to analyze the concept of victim protection through compensation in juvenile criminal justice as a form of state responsibility. Juvenile Criminal Court in Indonesia through Law Number 11 of 2012 prioritizes the settlement of juvenile cases through restorative justice providing balanced protection between juvenile offenders through diversion and protection for victims of juvenile crimes through reform of juvenile criminal law that is just for all parties (victim-offender oriented). The involvement of the victim and his family and the perpetrator and his family will greatly determine the success or failure of diversion in solving juvenile cases. The position of the perpetrator and his family and the victim and his family are equal. The interests of both parties should be equal and balanced. Protection of victims through compensation is a form of state responsibility towards citizens who are victims of criminal acts. The empirical condition according to Badilum's data showed the low success of diversion (4%). The failure of this diversion is the main cause of the failure to reach an agreement for compensation because the diversion agreement is only left to the agreement of the perpetrator and victim. This showed that the state was ignorant of victim protection. When the state protects the interests of juvenile through diversion, the state should also guarantee the protection of the victims through compensation. Hence, the success rate of diversion will hopefully be better in the future. Keywords: compensation; juvenile criminal court; victims of crime; victim protection.


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