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Be a court judge for children in Turkey. Between criminal law enforcement and social considerations
This article seeks to understand the ways in which children’s judges engage in the judiciary in Turkey. It reveals two categories of judges? those who make ‘? code?’ a priority, and those who prioritise ‘? file?’. The analyses also confirm that the practices of judges adopting a position of technici...
Socio-legal analysis of the system of juvenile criminal liability (Énfasis in the Colombian case)
Youth in social conflict. Analysis and proposals from the multidisciplinary approach
Violent and aggressive behaviour among young people, with regard to their prevention, detection and intervention, can be analysed from the fields of legal and social sciences. Violence is addressed from a dual perspective: infliction on the group of equals and on adult relatives in the ascending lin...
Preliminary discussions on a new Law on Youth Criminal Responsibility
On the occasion of the recent call by the Ministry of Justice of the Nation to discuss the reform of Law 22.278, the legislative transition process on children has been taken forward again. It should be recalled that the Argentine State, in the absence of a law establishing a new system of juvenile...
As Alternativas às Penas e às Medidas Socioeducativas: estudo comparado entre distintos modelos de controle social punitivo
The article presents the normative framework of alternatives to sanctions and the mechanisms of procedural diversification in the Brazilian Law, more specifically in laws 8.069/90, 9.099/95 and 9.714/78. In a comparative approach, it evaluates both the penal law system and the juvenile law system of...
Primary responsibilities of minors IN THE EUROPEAN STATES
Summary. Legal regime for the criminal liability of minors in European law is determined by international treaties and conventions, to which the States are parties, Council of Europe regulations, treaties and acts of the European Union and national regulations. Despite common rules laid down in inte...
Keadilan Restoratif Dan Pembatasan Diversi Pada Undang-Undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak
Abstract Since 1997 Indonesia possessed a Law specifically regulating child court (Law No. 3 of 1997). The law’s perspective, however, was still based on retributive justice. This was apparent in how the court handles juvenile delinquents. To provide better protection to the handling of children be...
Legal-penal consequences of school absenteism
absenteism and early school drop-out are not only one of the main problems that any education system needs to face, but also a social problem related to social exclusion, marginalisation and crime, as criminal research has proven to be school failure or early school drop-outs as a facilitator of juv...
Justice system and juvenile deviation after the COVID-19 pandemic. Education between school promotion and Re-education
Starting from the concept of social justice and from university’s rights (UN, 1989), the contribution questions the role of education in enhancing the originality and uniqueness of each and in restoring responsibility and dignity to fragile (Milani, 2019), difficult (Bertolini, 1993) and deviant (Vi...
Criminal liability of children in the Iranian criminal system under the new Criminal Code
the various reactions of the penal system in relation to crimes committed by minors have always been the subject of research and search. The origin of these responses is the impact of childhood and adolescence on the personality and future life of the child, including the obvious differences between...
A reform system? The Law on the Criminal Liability of Children
When OL 5/2000 of 12 January regulating the criminal liability of minors was published in 2000, we will present it as the final text which is intended to restore the stability of the criminal justice system to the face of it. However, when this is about to end the day on which the five years of vali...
‘Compstat’ in Paris: initiative and police responsibility
‘Compstat’ is a neo-liberal quantitative management system which was invented by the New York police department during the 1990s and was imported into Paris by the police prefect in the early 2000s. Through an ethnographic description of the operation of this system in France, the author shows here...
From home to court. The judicialisation of violence against minors in Spain
From 2000, a series of legal reforms were initiated in Spain with the aim of amending the penal legislation on minors. In just six years, there has been a tightening of juvenile criminal law, justified by the fact that the legislation was too “soft” (Montero, 2010), and accompanied by a profound tra...
Children kept behind, an endless story...
This article aims to take over the history of children’s detention since the xixe in France. The aim is not only to describe and understand how juvenile justice is held in two centuries, but also to question the permanence of this system. De La Petite Roquette, the first prison reserved for children...
Wars and juvenile delinquency. The Impact of Occupations on the Belgian juvenile Justice System (1914-1918, 1940-1944)
In 1912, after several years of heated discussions, Belgian legislators passed the country’s first child protection Act. The law set up juvenile courts, realizing a wish that had been expressed in the 19th century, to handle the cases of delinquent minors outside the penal system. From this point, c...
Macabre figures of police lethal. The legal assessment of the “Resistance Acts” in Rio de Janeiro
This article presents the main results of the research entitled “Resistance Acts”: an analysis of police homicides in the city of Rio de Janeiro”, carried out between 2009 and 2011. The main objective of the research was to follow a sample of the legal treatment of police murder cases that were init...
Chronic of a deflection: Grasping criminal logic condensed on an individual scale
The chronology of Pierre’s presentation to a children’s judge makes it possible to grasp ‘from the bottom’ how criminal justice shapes the career of a 15-year-old young person. Disputes between judicial authorities to find a place in a closed educational centre as a matter of urgency and approaches...
Two approaches to justice in France and the United States. The application of the law from the perspective of
The socio-economical inegalites, even the most flagrant ones, are not always explicitly taken into account in the judicial institution. Studying the american juvenile justice system, Wedon V. Cicourel (1968) found that middle class families are more easily punishing their children than those in the...
The summons by a criminal police officer in the juvenile criminal justice system: between an autonomous injunction and the threat of the professional ethos
The summons hearing by the criminal police officer represents a special procedure enabling justice to be delivered within a framework governed by management and productivity constraints driven by the standards of new public management. It can be seen as the place where specific social reports are pr...
Juvenile Justice in Canada: Questioned at the end of a century
After a short presentation of the Young Offenders Act and the Youth Offenders Act under the successive umbrella of which juvenile justice has developed in Canada, the article addresses the questioning of the Young Offenders Act in Canada. The amendments already made and, more importantly, those prop...
Mediation in criminal matters: A Quebec practice
This text focuses on criminal mediation within the juvenile justice system in Quebec. It sets out the principles and functioning of this practice, which attempts to change the formal justice system in which it applies, in particular by enabling victims to play an active role in it. As a passive and...
Economy of evidence in practice: The categories of police hearing
‘titrebSummary’/titrebOn the basis of empirical data collected during a survey conducted mainly by investigative services (juvenile, narcotics and morals brigades, criminal) of a public security office in an average city in the province, this article deals with a central system for the administratio...
The Brazil Socio-Educational Care System: Contribution for an Analysis Critical of the Policy
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Special series: The transition from juvenile delinquency to adult delinquency V
This article is the number five in the special series on transition from juvenile to adult delinquency. The first work of this series (on criminal transition) was published in this same magazine in issue 9 (2011); the second (on patterns of criminal career) and the third (on theoretical explanations...
ANALYSIS OF THE LEGISLATION ON JUVENILE DELINQUENCY – KOSOVO CASE
This paper presents an overview of legislative activity in Kosovo in the field of the justice for minors focused after 2004 year. The goal of paper is to offer the legal and institutional experience ragarding the criminal responsibility of minors, procedural regulations related to investigation, pro...