juvenile court
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2022 ◽  
pp. 195-228
Author(s):  
John T. Whitehead ◽  
Steven P. Lab
Keyword(s):  

Author(s):  
Keren Cuervo

The increase in the rate of child to parent violence is a concern for society in various countries. Different psychological and personal characteristics tend to define the profile of the minors who commit this type of offense. Various social factors have been also related to this type of violence, including exposure to violence, the family environment and parenting. The relationship between child to parent violence and previous exposure to violence has yet to be clarified. Comparatively little research on this crime involving samples from juvenile court has been undertaken. This study uses a standardized measure (YLS/CMI) to determine the extent to which three of the most extensively studied groups of factors in child to parent violence—the family context, parenting and the adolescents’ psychological characteristics are relevant in the predicting this type of violence. The sample consisted of a total of 342 juveniles from a Juvenile Court in Eastern Spain, dealt with under the terms of Organic Law 5/2000 regulating the Criminal Responsibility of Minors. A child to parent violence group is compared with a control group committing the entire range of offenses. Personal variables, antisocial personality and exposure to violence play a clear role in the commission of this type of crime. Parenting has a determinant influence even when compared with family characteristics. What affects the commission of this type of violence in the most serious cases is therefore not having been exposed to it, but instead the individual’s upbringing and their current relationship with their parents.


2021 ◽  
pp. 154120402110634
Author(s):  
Ashley Lockwood ◽  
Jennifer H. Peck ◽  
Kevin T. Wolff ◽  
Michael T. Baglivio

Youth involved in the juvenile justice system have enhanced traumatic exposure including abuse, neglect, and household dysfunction compared to their non-involved counterparts. While prior research has conceptualized the role of trauma in predicting juvenile recidivism, the interrelated role of adverse childhood experiences (ACEs) and race/ethnicity in informing juvenile court processing and outcomes is unaddressed. As such, we examine the moderating role of race/ethnicity with ACEs across court outcomes (e.g., dismissal, diversion, probation, residential placement) among juveniles after their first ever arrest (37.2% Black, 18.3% Hispanic). Higher ACEs were associated with (1) decreased adjudication likelihood, (2) case dismissal for Black and Hispanic youth, (3) deeper dispositions versus diversion for Hispanic youth, (4) residential placement versus diversion for White youth, and (5) residential placement versus probation, with no racial or ethnic differences. Policy implications and future research surrounding the treatment of justice-involved youth with childhood traumatic exposure across race/ethnicity are discussed.


Author(s):  
Peter Anderson

This book analyses the ideas and practices that underpinned the age of mass child removal. This era emerged from growing criticisms across the world of ‘dangerous’ parents and the developing belief in the nineteenth century that the state could provide superior guardianship to ‘unfit’ parents. In the late nineteenth century, the juvenile court movement led the way in forging a new and more efficient system of child removal that severely curtailed the previously highly protected sovereignty of guardians deemed dangerous. This transnational movement rapidly established courts across the world and used them to train the personnel and create the systems that frequently lay behind mass child removal. Spaniards formed a significant part of this transnational movement and the country’s juvenile courts became involved in the three main areas of removal that characterize the age: the taking of children from poor families, from families displaced by war, and from political opponents. The study of Spanish case files reveals much about how the removal process worked in practice across time and across democratic regimes and dictatorships. It also affords an insight into the rich array of child-removal practices that lay between the poles of coercion and victimhood. Accordingly, the book further offers a history of some of most marginalized parents and children and recaptures their voice, agency, and experience. It also analyses the removal of tens of thousands of children from General Franco’s political opponents, sometimes referred to as the lost children of Francoism, through the history and practice of the juvenile courts.


2021 ◽  
pp. 131-160
Author(s):  
Peter Anderson

The Spanish Civil War displaced and split families, destroyed support networks, forced families into poverty, and led to a surge in family disputes. As a result, child removal and separation became the lot of much greater numbers of people. Widows of husbands lost to violence behind the lines formed one highly vulnerable group. Refugees and evacuees also frequently found their families split apart and poor families proved especially at risk. The mass evacuation of children also led to a surge in custody disputes. Despite the disruption of the war, the Madrid Juvenile Court pressed ahead with its work and many of its conservative members continued to exert a hold over the institution despite a strong shift in sentiment towards the left during the conflict. These officials continued to enforce traditional notions of morality and gender roles and savvy relatives could exploit this situation in custody disputes.


2021 ◽  
pp. 59-79
Author(s):  
Peter Anderson

In the late nineteenth century, demands to curb parental sovereignty merged with campaigns for prison reform. As a result, calls gathered pace for juvenile courts which would remove children from the adult, criminal justice system and protect children from abusive parents and adults. The juvenile-court movement developed in the context of the growth of child-protection societies and child-protection legislation. Nevertheless, reformers remained frustrated by the enduring power of parental sovereignty and pushed for greater change. In 1899, reformers in Illinois achieved their ambition of creating courts that removed children from the criminal justice system, ensured children could be placed in reformatories, and empowered judges to curb guardianship rights. The courts also worked with family visitors and frequently preferred to place families and children on probation rather than move directly to child removal. Spaniards followed these developments in the USA and countries such as Belgium, and created their own courts.


2021 ◽  
pp. 161-177
Author(s):  
Peter Anderson

During the Spanish Civil War, a bitter debate over which side better protected or represented a profound threat to children led to harsher attitudes towards opponents and campaigns to ‘rescue’ children from the clutches of those presented as a danger. Government supporters charged that Francoists allowed children to witness executions behind the lines, while they protected youngsters from the criminal bombardment of civilians behind the lines. For their part, Francoists claimed that only they could protect youngsters from the barbarians on the left. Increasingly, Francoists hoped to win back the ‘souls’ of children ‘corrupted’ by ‘Reds’. The Francoists campaigned strongly for children evacuated overseas or to other parts of Spain to be returned from ‘Reds’ and to be re-educated as ‘Spaniards’. Catholics played an especially important role in these campaigns and in re-education initiatives, and this outlook would become part and parcel of the thinking of juvenile-court staff.


2021 ◽  
Vol 4 (2) ◽  
pp. 1113-1121
Author(s):  
Kaston Rudy Samosir ◽  
Ediwarman Ediwarman ◽  
Taufik Siregar

This article or article aims to examine and analyze the legal rules governing children involved in motorcycle gangs, as well as the factors causing criminal acts against children involved in motorcycle gangs, as well as legal policies carried out by the police against children involved in motorcycle gangs. The problem is focused on how the legal rules regulate children who are involved in motorcycle gangs. In order to approach this problem, the reference theory of law enforcement, theory of legal certainty and theory of policy is used. The research method in this paper is a normative legal research method. The data were collected through primary, secondary and tertiary data sources, then analyzed using qualitative analysis methods. This study concludes that the legal rules regarding children involved in motorcycle gangs are contained in: the 1945 Constitution of the Republic of Indonesia, Law Number 1 of 1946 concerning the Criminal Code, Law Number 1 of 1974 concerning Marriage, Law Number 4 1979 concerning Child Welfare, Law Number 3 of 1997 concerning Juvenile Court, Law Number 23 of 2002 concerning Child Protection, Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Factors that cause crime against children involved in motorcycle gangs are as follows: (1) family factors, (2) social environment factors, (3) education factors. The legal policies carried out by the police against children involved in motorcycle gangs are as follows: (1) Penal policies are applied to children involved in motorcycle gangs as well as non-penal policies.


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