scholarly journals Az igazságügyi gyermekvédelem fejlődése Finkeytől napjainkig

2021 ◽  
Vol 4 (1) ◽  
pp. 109-124
Author(s):  
Barbara Katalin Herke-Fábos

Child protection in justice is designed to prevent crime among children and juveniles, to keep them away from further crime, and to reintegrate young offenders into society. So, it also covers the areas of prevention, enforcement, and aftercare. As early as the beginning of the twentieth century, it was recognized that child protection covers the elimination of a child’s financial vulnerability, the prevention of moral misconduct, and the representation of the interests of both orphans and the unhealthy. The country’s opportunities have been influenced not only by political ideologies but also by the human and material casualties suffered as a result of the two world wars. The current focus of child protection in justice is always on socio-economic and political problems. Examining the personality and family relationships of juvenile offenders also went a long way in the designated period. The protection of children in justice also affects the areas of administrative law, criminal substantive and procedural law, and criminology. At the end of the paper, I compare the institution of patronage and the preventive patronage.

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.


2019 ◽  
pp. 70-73
Author(s):  
I. L. Zheltobriukh

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legislation and the laws of development of science of administrative procedural law. It is concluded that there is a long-standing need to offer the scientific community and practitioners such a concept of relation between the terms “subject of administrative process” and “participant in administrative process”, which would reconcile the contradictions of the otological and epistemological terminology used in the CAS. The necessity to use in the science of administrative law and process justifies the concept according to which the administrative process should be considered as law enforcement activity of administrative courts related to the consideration and resolution of public law disputes. In such a case, the administrative court will always be the subject of the administrative court, whereas the parties, third parties, representatives, assistant judge, court secretary, court administrator, witness, expert, law expert, translator, specialist are only participants in the administrative process that is, persons involved in the enforcement of administrative law.


2016 ◽  
Vol 1 (1) ◽  
pp. 135
Author(s):  
Eman Sulaiman

<p>Abstract</p><p><span>The use of criminal sanctions as the main sanction has indicated the extent to<br /><span>which the level of understanding of the legislators to the problem of "crime and<br /><span>punishment". At least show that the limited understanding of the use of criminal<br /><span>sanctions also affect the determination of criminal sanctions in administrative<br /><span>law. "Errors" in the formulation of the implications for the difficulty and<br /><span>confusion in the law enforcement, because there is a gap of two disciplines,<br /><span>namely the criminal law on the one hand and on the other hand administrative<br /><span>law, which has its own procedural law. This confusion will lead to ambiguity in<br /><span>the resolution of cases of violation of administrative law contains criminal<br /><span>sanctions, whether enforcement will be carried out by law enforcement agencies<br /><span>within the criminal justice sisitem or whether officials of the state administration<br /><span>in the sphere of administration? Such circumstances, of course, will lead to the<br /><span>existence of legal uncertainty for the community.<br /><span>Kata Kunci: <em>sanksi pidana, hukum pidana, hukum administrasi</em></span></span></span></span></span></span></span></span></span></span></span></span></span><br /></span></p>


Author(s):  
Jeffrey Jowell

This chapter examines the stages of development of administrative law in Great Britain during the twentieth century, describing the different attitudes towards the exercise of state power and its legal control over the century. It explains that the century began with a concern for procedural justice and a particular concept of the rule of law, and ended with judicial constraints upon both the procedures and the substance of official decisions, justified by constitutional rights.


Author(s):  
Jenny Tone-Pah-Hote

During the early twentieth century, Kiowa people expertly deployed material culture as symbols of themselves as a people. Beadwork specifically illustrated the significance of kinship and is use and exchange among people, which constructed family relationships and a sense of belongingness. Beadwork and other expressive forms were highlighted in the American Indian Exposition, a fair, and an event, which provided a venue of public display that encouraged intertribal competition. The chapter also examines the representation of young women as American Indian Exposition princesses.


Author(s):  
Stuart Aveyard ◽  
Paul Corthorn ◽  
Sean O’Connell

The long-term perspective taken by The Politics of Consumer Credit in the UK affords fresh evidence on a number of significant historical debates. It indicates that Britain’s departure from pathways followed in other European consumer credit markets was not simply a by-product of neo-liberalism’s influence on late-twentieth-century governments. It has also allowed us to offer important contributions on questions such as the impact of political ideologies over policymaking, the validity of a right–left framework for analysing politics, the extent to which a post-war consensus existed (and was broken after 1979), and the question of how adept British political parties were in exploiting the emergence of a more affluent electorate....


Author(s):  
Mattarella Bernardo Giorgio

This chapter presents an analysis of Italy's administrative history. It looks at the historical development of Italian public administration and administrative law in Italy beginning from the nineteenth century. The chapter then proceeds to the first half of the twentieth century, focusing primarily on the policies of Prime Minister Giovanni Giolitti, which saw a marked rise in changes and developments within administrative law. Also of note during this period was the role of administrative law during the era of fascism in Italy. The latter half of the twentieth century would mark a departure from this period, focusing mainly on liberal administrative law and the Republic. Finally, the chapter turns to the features of administrative law in the twenty-first century, before closing with some concluding remarks on the features peculiar to Italian administrative law.


Author(s):  
Alfonso Arteaga ◽  
Javier Fernández-Montalvo ◽  
Raúl Cacho ◽  
José J. López-Goñi

This study analyzes the differential psychosocial characteristics of male and female young offenders with a judicial measure from a juvenile court in Spain. Data on origin, recidivism, criminal and psychosocial characteristics of a sample of 838 juvenile offenders were collected using the Youth Level of Service/Case Management Inventory (YLS/CMI). Most of the minors were males ( n = 650; 77.6%). Regarding the type of offences committed most males committed some type of crime, while females mainly committed misdemeanours. The rates of infractions committed by large groups and belonging to a gang were higher in males than in females. Concerning psychosocial variables, females presented with higher scores than males in three areas (parenting/educational guidelines, leisure and recreation, attitudes and orientation), in the total score and in several specific variables of the YLS/CMI. Moreover, having a poor relationship with one’s mother and limited participation in organized activities were related to being a female minor offender, whereas having a short attention span was related to being a male offender. These three variables correctly classified 77.6% of cases. Female minor offenders present with a more severe psychosocial profile than males. Therefore, gender-based variables should be considered and addressed in prevention and intervention programmes for minors.


2019 ◽  

The present volume combines contributions to the symposium on the occasion of Ulrich Ramsauer’s 70th birthday, acknowledging his activity in the fields of public law, especially environmental law and planning regulations, administrative procedural law and public administration, which has lasted more than 40 years. The contributions deal with key issues in the current discussion in administrative law: accelerated proceedings (Peter Wysk), public participation (Hans-Joachim Koch) and Europeanisation (Jörg Berkemann). In his introduction, Ivo Appel presents a short introduction to the concept of administrative legal science as a managing science. The contribution by Jochen Wagner offers an overarching thematic connection from a philosophical perspective, titled “Integration through friendship”. At the same time, he considers integration as one of the essential responsibilities of the state today.


2000 ◽  
Vol 2 (1) ◽  
pp. 17-32 ◽  
Author(s):  
Tim Prenzler ◽  
Hennessey Hayes

This paper reports on implications for the management of police discretion arising from a Victim—Offender pilot project in Queensland, Australia. The pilot was conducted with juvenile offenders and was highly successful on a range of key outcomes related to restorative justice. However, the project suffered from very low referrals from police, and there were no referrals from the courts, partly because of magistrates' deference to police decisions. As a consequence, many crime victims and young offenders and their caregivers had no opportunity to benefit from reparation. On this basis, a recommendation was made to curtail police discretion severely by building into the case disposition process mandatory consultation regarding mediation with all victims and offenders. This posed a direct challenge to the traditional wide discretionary powers held by police in their gatekeeping role. This research was commissioned by the Queensland Department of Justice. The views expressed are those of the authors, not necessarily those of the Department.


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