Children’s Rights and the Minimum Age of Criminal Responsibility PDF Download
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Author: Don Cipriani
Publisher: Routledge
ISBN: 1317167597
Category : Law
Languages : en
Pages : 253
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Book Description
Children of almost any age can break the law, but at what age should children first face the possibility of criminal responsibility for their alleged crimes? This work is the first global analysis of national minimum ages of criminal responsibility (MACRs), the international legal obligations that surround them, and the principal considerations for establishing and implementing respective age limits. Taking an international children's rights approach, with a rich theoretical framework and the vitality of the UN Convention on the Rights of the Child, this work maintains a critical perspective, such as in challenging the assumptions of many children's rights scholars and advocates. Compiling the age limits and statutory sources for all countries, this book explains the broad historical origins behind most of them, identifying the recurring practical challenges that affect every country and providing the first comprehensive evidence that a general principle of international law requires all nations, regardless of their treaty ratifications, to establish respective minimum age limits.
Author: Don Cipriani
Publisher: Routledge
ISBN: 1317167597
Category : Law
Languages : en
Pages : 253
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Book Description
Children of almost any age can break the law, but at what age should children first face the possibility of criminal responsibility for their alleged crimes? This work is the first global analysis of national minimum ages of criminal responsibility (MACRs), the international legal obligations that surround them, and the principal considerations for establishing and implementing respective age limits. Taking an international children's rights approach, with a rich theoretical framework and the vitality of the UN Convention on the Rights of the Child, this work maintains a critical perspective, such as in challenging the assumptions of many children's rights scholars and advocates. Compiling the age limits and statutory sources for all countries, this book explains the broad historical origins behind most of them, identifying the recurring practical challenges that affect every country and providing the first comprehensive evidence that a general principle of international law requires all nations, regardless of their treaty ratifications, to establish respective minimum age limits.
Author: Gideon Yaffe
Publisher: Oxford University Press
ISBN: 019880332X
Category : Law
Languages : en
Pages : 252
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Book Description
Why be lenient towards children who commit crimes? Reflection on the grounds for such leniency is the entry point into the development, in this book, of a theory of the nature of criminal responsibility and desert of punishment for crime. Gideon Yaffe argues that child criminals are owed lesser punishments than adults thanks not to their psychological, behavioural, or neural immaturity but, instead, because they are denied the vote. This conclusion is reached through accounts of the nature of criminal culpability, desert for wrongdoing, strength of legal reasons, and what it is to have a say over the law. The centrepiece of this discussion is the theory of criminal culpability. To be criminally culpable is for one's criminal act to manifest a failure to grant sufficient weight to the legal reasons to refrain. The stronger the legal reasons, then, the greater the criminal culpability. Those who lack a say over the law, it is argued, have weaker legal reasons to refrain from crime than those who have a say. They are therefore reduced in criminal culpability and deserve lesser punishment for their crimes. Children are owed leniency, then, because of the political meaning of age rather than because of its psychological meaning. This position has implications for criminal justice policy, with respect to, among other things, the interrogation of children suspected of crimes and the enfranchisement of adult felons.
Author: Australian Institute of Criminology
Publisher:
ISBN:
Category : Age of criminal responsibility
Languages : en
Pages : 1
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Book Description
Since the year 2000, some jurisdictions have revised their legislation, confirming a trend over the last 20 years to uniformity in age limits for criminal responsibility. This bulletin includes a table which sets out, for each Australian jurisdiction, the age up to which a child cannot be charged with a criminal offence; the age range within which children are considered 'doli incapax', or incapable of committing crime; and the maximum age for appearance in a children's, juvenile or youth court. In the Australian Capital Territory, the Criminal Code 2002 Div 2.3.1 now deals with the criminal responsibility of children. From 1 July 2005 in Victoria, the age jurisdiction of the criminal division of the Children's Court has increased from 17 to 18 years. In Queensland, for the purposes of the Juvenile Justice Act 1992 a child is a person who has not turned 17 years. Recent Australian reviews have discussed amending the doli incapax presumption, including reversing the onus of proof and changing its application to ages twelve and under.
Author: Raymond Arthur
Publisher: Routledge
ISBN: 1134004869
Category : Law
Languages : en
Pages : 195
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Book Description
How does the law deal with young offenders, and to what extent does the law protect and promote the rights of young people in conflict with the law? These are the central issues addressed by Young Offenders and the Law in its examination of the legal response to the phenomenon of youth offending, and the contemporary forces that shape the law. This book develops the reader’s understanding of the sociological, criminological, historical, political, and philosophical approaches to youth offending in England and Wales, and also presents a comparative review of developments in other jurisdictions. It provides a comprehensive critical analysis of the legislative and policy framework currently governing the operation of the youth justice system in England and Wales, and evaluates the response of the legal system in light of modern legislative framework and international best practice. All aspects of trial and pre-trial procedure affecting young offenders are covered, including: the age of criminal responsibility, police powers, trial procedure, together with the full range of detention facilities and non-custodial options. Young Offenders and the Law provides, for the first time, a primary source of reference on youth offending. It is an essential text for undergraduate and postgraduate students of Law, Criminology, and Criminal Justice Studies.
Author: Héctor Olásolo
Publisher: Bloomsbury Publishing
ISBN: 1847315089
Category : Law
Languages : en
Pages : 400
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Book Description
As shown by the trials of Slobodan Milosevic, Charles Taylor and Saddam Hussein, the large-scale and systematic commission of international crimes is usually planned and set in motion by senior political and military leaders. Nevertheless, the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes. This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions. For these reasons, international criminal law has placed special emphasis on the development of concepts, such as control of the crime and joint criminal enterprise (also known as the common purpose doctrine), which aim at reflecting better the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes. The Rome Statute of the International Criminal Court and the case law of the ICTY and the ICTR have, in recent years, played a unique role in the achievement of this goal.
Author: Barry Goldson
Publisher: Russell House Publishing Limited
ISBN:
Category : Family & Relationships
Languages : en
Pages : 216
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Book Description
This text provides an analysis of the most recent developments in state policy response to youth crime, in tandem with the implementation of the far-reaching provision of the Crime and Disorder Act 1998.
Author: Institute of Medicine
Publisher: National Academies Press
ISBN: 0309172357
Category : Law
Languages : en
Pages : 405
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Book Description
Even though youth crime rates have fallen since the mid-1990s, public fear and political rhetoric over the issue have heightened. The Columbine shootings and other sensational incidents add to the furor. Often overlooked are the underlying problems of child poverty, social disadvantage, and the pitfalls inherent to adolescent decisionmaking that contribute to youth crime. From a policy standpoint, adolescent offenders are caught in the crossfire between nurturance of youth and punishment of criminals, between rehabilitation and "get tough" pronouncements. In the midst of this emotional debate, the National Research Council's Panel on Juvenile Crime steps forward with an authoritative review of the best available data and analysis. Juvenile Crime, Juvenile Justice presents recommendations for addressing the many aspects of America's youth crime problem. This timely release discusses patterns and trends in crimes by children and adolescentsâ€"trends revealed by arrest data, victim reports, and other sources; youth crime within general crime; and race and sex disparities. The book explores desistanceâ€"the probability that delinquency or criminal activities decrease with ageâ€"and evaluates different approaches to predicting future crime rates. Why do young people turn to delinquency? Juvenile Crime, Juvenile Justice presents what we know and what we urgently need to find out about contributing factors, ranging from prenatal care, differences in temperament, and family influences to the role of peer relationships, the impact of the school policies toward delinquency, and the broader influences of the neighborhood and community. Equally important, this book examines a range of solutions: Prevention and intervention efforts directed to individuals, peer groups, and families, as well as day care-, school- and community-based initiatives. Intervention within the juvenile justice system. Role of the police. Processing and detention of youth offenders. Transferring youths to the adult judicial system. Residential placement of juveniles. The book includes background on the American juvenile court system, useful comparisons with the juvenile justice systems of other nations, and other important information for assessing this problem.
Author: Michael Adorjan
Publisher: Routledge
ISBN: 1135079951
Category : Social Science
Languages : en
Pages : 172
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Book Description
A society’s response to youth crime reveals much about its broader cultural values, social circumstances, and political affairs. This book examines reactions and policy responses to youth delinquency and crime in Hong Kong during its colonial and post-colonial periods, and in doing so, underscores the history of Hong Kong itself and its present-day circumstances. Exploring how officials have responded to youth crime in Hong Kong over time, this book tracks the emergence of a penal elitist mode of governance, highlighting concerns not only about young people’s behavior but the need for officials to establish state authority and promote citizen identification. In turn, it reveals an alternative to the ‘usual story’ about youth crime found in many western regions and provides an opportunity to begin to develop a comparative criminology. The book examines the emergence of the ‘disciplinary welfare’ tariff during the 1970s, debates and policy changes related to the minimum age of criminal responsibility and youth sex crimes, and inaction regarding the introduction of restorative justice initiatives in the post-colonial era. It also addresses the power of ‘Post-80s’ youth to protest and challenge government policies, which directly combat contemporary fears regarding the ‘mainlandization’ of Hong Kong. Drawing on archival sources, official reports and interviews with key stakeholders in the juvenile justice system, Responding to Youth Crime in Hong Kong will appeal to students and scholars interested in Chinese society, criminology, social work, sociology and youth studies.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309278937
Category : Law
Languages : en
Pages : 463
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Book Description
Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.
Author: Cara H. Drinan
Publisher: Oxford University Press
ISBN: 0190605553
Category : Law
Languages : en
Pages : 241
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Book Description
Despite inventing the juvenile court a little more than a century ago, the United States has become an international outlier in its juvenile sentencing practices. The War on Kids explains how that happened and how policymakers can correct the course of juvenile justice today.
