scholarly journals The Semantics of Repression: Linking, Opposing, and Linking again Rehabilitation and Protection of Society

2014 ◽  
Vol 36 (2) ◽  
pp. 189-263 ◽  
Author(s):  
Verónica B. Piñero
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Private Information ◽  
Child Protection ◽  
Young Offenders ◽  
Societal Factors ◽  
Youth Criminal Justice Act ◽  
Criminal Legislation ◽  
Onus Probandi ◽  
Young Offenders Act

Having explored the youth criminal legislation enacted by the Canadian federal government from the year 1857 to the year 2005, the author attempts to demonstrate that youth criminal intervention has moved from the notion of "child protection" to the notion of "protection of society." The significance of this theoretical shift is that, while the former sort of intervention is mostly concerned with the notions of "reintegration" and "inclusion", the latter is concerned with the notions of "deterrence" and "exclusion." For this study, the author first analyzes the societal factors that led Canadian parliamentarians to enact the Juvenile Delinquents Act (1908). In addition, she focuses on a specific amendment enacted in the year 1924 that "increased" the number of behaviors to be controlled through criminal law legislation. Second, the author discusses the circumstances that led parliamentarians to enact the Young Offenders Act (1982) and the Youth Criminal Justice Act (2002). Moreover, she examines an amendment enacted in the year 1995 that modified the declaration of principles of the Young Offenders Act by introducing the notion of "crime prevention." Finally, she analyzes a case law released in the year 2003 by the Quebec Court of Appeal, Québec v. Canada. This decision declared the unconstitutionality of some specific sections of Bill C-7 (current Youth Criminal Justice Act) that allow the disclosure of young offenders' private information and reverse the onus probandi for the imposition of adult sentences on young offenders. The position of the author is that, even though those sections can be unconstitutional, they are coherent with current theoretical trends in the area of youth criminal law intervention.

scholarly journals Understanding Sentencing under the Youth Criminal Justice Act

1969 ◽  
pp. 395 ◽  
Author(s):  
Julian V. Roberts ◽  
Nicholas Bala
Keyword(s):  
Criminal Justice ◽  
Criminal Code ◽  
Young Offenders ◽  
Community Resources ◽  
Sentencing Decisions ◽  
Youth Criminal Justice Act ◽  
Young Offenders Act ◽  
Uniform Treatment

The authors provide an analysis of the complicated sentencing regime found in Canada's Youth Criminal Justice Act (YCJA) and compare the new Act to the previous Young Offenders Act In comparison to the provisions of the Criminal Code that govern adult sentencing, the YCJA makes no reference to deterrence, has more focus on rehabilitation, and calls for lesser penalties than for adults. The authors point out that proportionality is a key principle for both sentencing youths and adults, but the aggravating elements enumerated in the YCJA are not the same as those in the Criminal Code. They further note that situations in which youth custody may be used are limited and that judges are directed to treat custody as a last resort and consider all alternatives. The authors conclude that the YCJA facilitates a more uniform treatment of young offenders, though the courts will continue to exercise considerable discretion. While it is clear that the use of custodial sanctions will decrease even without more community resources, in some places the coming into force of the new Act was accompanied by increased community resources which will also affect sentencing practices. The article concludes with a survey of some of the first cases decided under the YCJA, which reveal that custodial sanctions were avoided and rehabilitative principles played a major role in sentencing decisions.

scholarly journals The Role of Crime Victims under the Youth Criminal Justice Act

1969 ◽  
pp. 965 ◽  
Author(s):  
Kent Roach
Keyword(s):  
Criminal Justice ◽  
Equal Opportunity ◽  
Crime Victims ◽  
Young Offenders ◽  
Youth Justice ◽  
Victim Satisfaction ◽  
Costs Of Crime ◽  
Youth Criminal Justice Act ◽  
Young Offenders Act

The author analyzes the role of victim involvement in extrajudicial and judicial measures under the Youth Criminal Justice Act and the overall direction of victim involvement and its possible impact on the development of youth justice. Unlike the Young Offenders Act, victim concerns are specifically recognized throughout the Youth Criminal Justice Act. With respect to judicial measures, reparation should be interpreted broadly to include young offenders' genuine attempts to make good the harms they have caused. The concept of reparation should provide an equal opportunity to pay the costs of crime. With respect to extrajudicial measures, the role of victims is difficult to assess. Tlie author encourages greater utilization of family conferences, as this extrajudicial measure has enjoyed success in New Zealand in reducing youth imprisonment and producing significant levels of victim satisfaction. Victims may well play an increased role under the Youth Criminal Justice Act but the actual effect of both punitive and non-punitive forms of victim involvement will depend on how the new Act is administered.

scholarly journals The Role of Counsel in the Youth Criminal Justice Act

1969 ◽  
pp. 1029
Author(s):  
Larry C. Wilson
Keyword(s):  
Criminal Justice ◽  
Active Participation ◽  
Complex Nature ◽  
Legal Services ◽  
Young Offenders ◽  
Youth Court ◽  
Proper Role ◽  
Youth Criminal Justice Act ◽  
Young Offenders Act

The proper role of counsel in youth court has always been somewhat uncertain. Historically, there was resistance to the idea of active participation by counsel. This began to change with the introduction of the Young Offenders Act and the process continues with the Youth Criminal Justice Act Counsel are under a legislated and ethical duly to take instructions from their clients and advocate their behalf in the same fashion as with adult clients. However, the Youth Criminal Justice Act does not address two fundamental issues: I) who pays for the provision of legal services; and 2) from whom does counsel receive instructions. These unanswered questions, and the complex nature of the legislation, further complicate the role of counsel in youth court.

scholarly journals CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON

2017 ◽  
Vol 2 (2) ◽  
pp. 144-154
Author(s):  
Muchammad Chasani
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Criminal Legislation ◽  
Corporate Criminal Liability ◽  
Responsibility System

The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.

“Do you understand these charges?”: How procedural communication in youth criminal justice court violates the rights of young offenders in Canada

Semiotica ◽  
2019 ◽  
Vol 2019 (229) ◽  
pp. 173-191
Author(s):  
Tara Suri
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Oral Language ◽  
Justice System ◽  
Young Offenders ◽  
Legal Professionals ◽  
Youth Criminal Justice Act ◽  
Government Of Canada ◽  
The Right ◽  
Criminal Courtroom

AbstractThis paper considers Canada’s young offenders in the context from which they enter the youth criminal courtroom. To determine how youth criminal justice courts violate the Canadian Youth Criminal Justice Act (YCJA), this analysis relates said context to several phenomena, including legal linguistics, oral language competency, literacy, communicative competency, non-verbal communication, the physical structure of youth courtrooms, and legal translation (Government of Canada eds. 2018. Youth criminal justice act. Ottawa: Government of Canada.). As a result of the standards of procedural communication upheld by the Canadian criminal justice system, young people’s rights, including the right to be respected regardless of cultural, ethnic, or linguistic differences, the right to be heard and to participate in proceedings, the right to be sentenced meaningfully, the right to privacy, and the right to be tried in a timely manner are abused in the youth criminal courtroom. Although insufficient structures of procedural communication cause these issues and are beyond the control of counsel, defense counsel are often blamed for their effects. Legal professionals must make important adjustments such as altering the formal speech required in youth criminal courtrooms, employing legal professionals with the role of translating legal jargon to young people in the courtroom, and closing youth courtrooms off from the public to reduce the YCJA violations occurring in youth criminal justice court. These adjustments are ultimately the responsibility of the Canadian criminal justice system.

New Protection Status of Juvenile Victims with the Passage of the New Criminal Legislation in Cambodia

2009 ◽  
Vol 4 ◽  
pp. 1-34
Author(s):  
Stan V. Starygin
Keyword(s):  
Criminal Justice ◽  
Juvenile Justice ◽  
International Law ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
International Community ◽  
Criminal Legislation

AbstractThis article seeks to explore whether the position of juvenile victims, vis-à-vis the Cambodian criminal law, has changed with the passage of the new criminal legislation and whether this change is positive or otherwise. The quality of this change, henceforth, will demonstrate to the reader whether the overall reform of the juvenile justice component of Cambodia's criminal justice system, which has spanned over the last 15 years and has been funded by the international community, has been a success. The author has limited the scope of this inquiry to a comparison between the various domestic laws applicable to juvenile victims and did not include comparisons with international law, model laws or juvenile laws of other states. Being the first publication of its kind, this analysis limits its claim to the analysis of the relevant statutory provisions rather than ‘practice notes’ which have yet to develop.

Overcoming of Corruptogenic Factors of Criminal Legislation: Concept and Main Methods

10.12737/5503 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 68-75
Author(s):  
Сергей Иванов ◽  
Sergey Ivanov
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Positive Role ◽  
Legal Nature ◽  
Rational Explanation ◽  
Definition Of ◽  
Criminal Matters ◽  
Criminal Legislation

This article deals with the definition of overcoming the corruptogenic factors of the criminal law; notes its positive role in combating corruption in the criminal justice and highlights the main features: universality, casuistry, functional character, law-enforcement level of the implementation. This article discusses some of the most important ways of overcoming the corruptogenic factors of the criminal law: the uniformity of practical activity (the same understanding and application of the criminal law to all situations with a similar set of actual data and identical criminal-legal nature); motivation (rational explanation subject to enforcement activities of the reasons and circumstances underlying the decision on this or other legal and penal question) and formalization of the decision-making (development and implementation of the criminal law or court practice on certain criteria that must underlie the adoption of any authority of any decisions in criminal matters and to narrow the scope of his discretion); raising the level of legal awareness of subjects of criminal-law relationships.

scholarly journals Kebijakan Hukum Pidana dalam Penanggulangan Tindak Pidana Perdagangan Anak

2020 ◽  
Vol 1 (2) ◽  
pp. 374-378
Author(s):  
I Ketut Eka Yoga Juliantika ◽  
I Made Sepud ◽  
I Ketut Sukadana
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Child Protection ◽  
Justice System ◽  
Criminal Code ◽  
Trafficking In Persons ◽  
Legal Research ◽  
Child Trafficking ◽  
Procedure Code

Children are often victims of child trafficking crime. There are a lot of factors that support the crime of child trafficking, one of which is the lack of regulation on child trafficking. Based on this background, this research was conducted with the aim of describing how the regulation of child trafficking and how the criminal law policy against child trafficking. This research was designed using a normative legal research method. The results of this study indicated that the regulation of child trafficking is regulated in Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, the Criminal Code (KUHP), namely Article 297, Article 301, Article 324, Article 328, and Article 330, RI Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, Law No. 35 of 2014 on Amendments to Law no. 23 of 2002 concerning Child Protection, and Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. Furthermore, the criminal law policy against child trafficking is regulated in the Criminal Code, the Criminal Procedure Code, Law no. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, Law no. 11 of 2012 concerning the Child Criminal Justice System, and Law no. 35 of 2014 concerning amendments to Law no. 23 of 2002 concerning Child Protection.

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