Juvenile Justice Realignment: A policy analysis of California Senate Bill 823

New legislation (Senate Bill 823) in the State of California, to realign the serious felony juvenile offender population from state facilities to county facilities, will go into effect July 1, 2021 (SB823, 2020). County probation departments will now be faced with determining how to provide adequate programming to a new population type of serious offender that includes adults in the age range of 18 to 25 years old. This places pressure on smaller county agencies to either find a cost-effective solution to modify their current facilities and programs or send this population to other county agencies. This research project analyzes the impact of SB823 on a sample of smaller counties.

SOCIAL EDUCATION OF JUVENILE OFFENSERS CONVICTED PENALTIES BY NON-IMPRISONMENT

The study helped to find out that the process of organizing the social education of juvenile offenders sentenced to imprisonment by imprisonment is carried out on the basis of the use of: a multilevel complex of social and pedagogical prevention; methods of individual and collective educational work; and also, social and pedagogical rehabilitation of the personality of the child-criminal. The use of crime prevention (at three levels) is aimed at: prevention of deviations of the delinquent nature of the child, the formation of its legal awareness, providing moral and psychological assistance to "difficult" adolescents and their parents; elimination of possible risks of committing an offense and prevention of re-offending by a juvenile who has already been prosecuted. Emphasis is placed on individual educational work, which is defined as the most progressive modern form of social and pedagogical rehabilitation and socialization of difficult children (delinquents, offenders, criminals, etc.). The use of "individual case management" as a separate model of organizing comprehensive assistance to a juvenile offender sentenced to non-custodial punishment is considered. As an example of collective work, a program of social and pedagogical rehabilitation is presented, in which the process of restoring the personality of a juvenile offender has a complex, multidisciplinary nature and is carried out in a healthy society. It is revealed that the correctional and rehabilitation work is carried out taking into account the results of diagnosis, causes and conditions of each juvenile regarding his offense. Therefore, each program is adjusted to each case.

Correction and resocialization of juvenile delinquents: current trends

Current trends in crime increasing indicate its prevalence among all categories of criminals. Particular attention needs to be paid to the issue of correction and re-socialization of persons serving sentences, especially for juvenile delinquents. This aspect determines the leading goal of the penal system of Ukraine. The attention of the state and its structures today is focused on correcting the juvenile delinquents’ behavior, their resocialization and crime prevention. After all, the working process with juvenile delinquents during this period determines their future life in society and the chances of returning to prison in the future. Therefore, it is important to unite the efforts of all professionals involved in the complex process of re-education of a juvenile offender, and to direct all methods, forms and tools based on individual programs of social and educational work. The issue of correction and re-socialization of convicted juveniles is currently of concern to both domestic and foreign scholars, whose position is determined by the offender’s age. We believe that current research on aspects of the re-education of juveniles who have committed crimes and are in prisons is an important and necessary task to identify new methods and ways to achieve the common goal pursued by the state for its future. The article describes the process of correction and resocialization of convicted juveniles. The components of the working process with juveniles serving sentences in correctional institutions of the penal system in Ukraine are analyzed. The content of the process stages of resocialization of juvenile convicts is revealed. The means of social and educational work used by specialists with juvenile delinquents during each of the periods of resocialization have been clarified. The article considers the purpose of probation programs for juveniles, which is the educational impact on the offender’s identity. Key words: crime, juveniles, correction process, resocialization, educational influence, social and pedagogical work, means of influence, individual approach, probation programs.

Implementation of Juvenile Justice System Act 2018: Prospects and Challenges for Pakistan

Purpose: This paper develops a framework for analyzing the practical implementation of Juvenile Justice System Act 2018, and bottlenecks which are being faced by the juvenile during the process of trial before the court of law. Few areas need to be examined while determining the practical implementation of this act, as its procedural requirements have not been yet followed in the field. This paper aims to identify those obstructions which are necessary to be dealt with iron hand in order to ensure the full implementation of the act. Design: Qualitative content analysis method has been used to analyze the various factors, which are responsible for the failure to implement the said act. Findings: Findings on the topic suggest that even at the stage of registration of first information report , the age of juvenile is neglected and loopholes continues till the conclusion of trial. The crux is that in order to avoid the exploitation of juvenile offender during trial, the Provincial and Federal Governments should play their role to ensure that procedural requirements are met as envisaged by the said act. Implications: The practical and firm implementation of Juvenile Justice System Act 2018, competent authorities and requisite institutions should realize their role.

Mediation in Juvenile Criminal Offenses - Albanian Case

In the treatment of juvenile ofenders in modern systems, priority is being given to procedures aimed at reconciliation and mediation, damage repair and the implementation of alternative measures to restrict freedom. The entirety of such proceedings fall within the concept of restorative justice. Restorative justice is of particular importance in the treatment of juveniles by the criminal justice system, as its main purpose is not to punish the perpetrator but to find methods that promote reintegration into society. One of the mechanisms that underpins restorative justice for juveniles that guarantees the success of education and reintegration in society is mediation in criminal conflicts. The mediation aims to engage the perpetrator in repairing the damage caused by the criminal offense as well as to restore reconciliation relations between the victim and the perpetrator. In this way, mediation procedures are of particular importance in the context of criminal law as they promote the values of dialogue and reconciliation in the way of conflict resolution and provide alternative solutions to criminal sanctions. In criminal cases involving juvenile offenders, the application of mediation procedures brings a number of positive aspects as it serves the immediate rehabilitation and reintegration of the juvenile offender as the primary aim of juvenile justice. Implementation of the mediation alternative leads to a better understanding of legislation in this area as well as an increased awareness of enabling application as one of the forms of intervention against juvenile delinquency. Restorative justice is already part of the juvenile criminal legislation following the entry into force of the Juvenile Criminal Code, which brings a new perspective to the implementation of restorative procedures in accordance with the principle of protecting the best interest of the minor. The paper focuses on the role and importance of mediation procedures and their sanctioning in Albanian legislation. The paper will analyze albanian mediation legislation as a positive achievement in the context of promoting the process of restorative justice in juvenile matters. Conclusions will be drawn and recommendations will be identified regarding deficiencies in legal regulations as well as the practical implementation of mediation procedures for juveniles.

A program approach to the prevention of juvenile delinquency

Statistical data on the problem of juvenile delinquency are presented, which show that in the city of Tambov in 2020, juvenile delinquency increased by more than 5 %. The problematic field of juvenile offenders is considered, which is quite extensive and covers the range of emotional-psychological, material, intellectual and other areas of problems of this category of the population. The key direction in the system of crime prevention is highlighted as a comprehensive development of a program for early prevention of juvenile delinquency, with the help of which the circumstances and conditions that give rise to illegal behavior of adolescents are identified and eliminated. The programs of social prevention of juvenile delinquency, implemented in educational institutions, are considered. The content of the activities of a specialist in the implementation of social prevention programs in a general educational institution is analyzed, which carries out it through the study of the psychological and age characteristics of adolescent offenders, organizes various types of socially useful activities, helps to implement legal protection and social support for a juvenile offender and his family, and directs actions teachers on the prevention of offenses among students. A model is designed for organizing programs for the social prevention of juvenile delinquency in a general educational institution, which includes the following blocks: target; conceptual; content-methodological; procedural; criterion-effective, allowing in the early stages to prevent the emergence of illegal behavior of minors.

CULPABILITY AS AN ESSENTIAL ELEMENT OF INDICTMENT AND THE OPERATIVE PART OF THE JUDGMENT

The author deals with culpability as a subjective element of the general notion of a criminal offense, which must be an integral part of every indictment and the operative part (disposition) of the judgment of conviction. First, the article presents the theoretical understanding of the notion of a criminal offense as accepted by the Serbian legislator and the notion of culpability in Serbian criminal law theory and current legislation. Then, the author focuses on the content of indictments filed against the accused person, including the prosecutor’s recommendation for imposing criminal sanctions against a juvenile offender, and the content of the judgment on conviction, with specific reference to culpability as an essential element of every indictment and the judgment on conviction. The author further analyzes the issue of the subjective and objective identity of the indictment and judgment in theory and legislation, with focus of culpability and existence or non-existence of a violation of the identity of indictment and judgment in case of entering culpability into the disposition of the judgment on conviction. Finally, the author provides examples from the practice of higher-instance courts in Serbia and a critical standpoint on the legal reasoning in the decisions where the court found a violation of the Criminal Code, given that the scope of an indictment has been exceeded in terms of culpability.