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Article
Publication date: 13 March 2017

Elizabeth S. Barnert, Laura S. Abrams, Cheryl Maxson, Lauren Gase, Patricia Soung, Paul Carroll and Eraka Bath

Despite the existence of minimum age laws for juvenile justice jurisdiction in 18 US states, California has no explicit law that protects children (i.e. youth less than 12…

Abstract

Purpose

Despite the existence of minimum age laws for juvenile justice jurisdiction in 18 US states, California has no explicit law that protects children (i.e. youth less than 12 years old) from being processed in the juvenile justice system. In the absence of a minimum age law, California lags behind other states and international practice and standards. The paper aims to discuss these issues.

Design/methodology/approach

In this policy brief, academics across the University of California campuses examine current evidence, theory, and policy related to the minimum age of juvenile justice jurisdiction.

Findings

Existing evidence suggests that children lack the cognitive maturity to comprehend or benefit from formal juvenile justice processing, and diverting children from the system altogether is likely to be more beneficial for the child and for public safety.

Research limitations/implications

Based on current evidence and theory, the authors argue that minimum age legislation that protects children from contact with the juvenile justice system and treats them as children in need of services and support, rather than as delinquents or criminals, is an important policy goal for California and for other national and international jurisdictions lacking a minimum age law.

Originality/value

California has no law specifying a minimum age for juvenile justice jurisdiction, meaning that young children of any age can be processed in the juvenile justice system. This policy brief provides a rationale for a minimum age law in California and other states and jurisdictions without one.

Details

International Journal of Prisoner Health, vol. 13 no. 1
Type: Research Article
ISSN: 1744-9200

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Book part
Publication date: 1 January 2004

Sesha Kethineni and Tricia Klosky

How delinquent, dependent/neglected, and abused children are treated by criminal justice agencies is a concern that crosses geographical boundaries. Do the courts sentence…

Abstract

How delinquent, dependent/neglected, and abused children are treated by criminal justice agencies is a concern that crosses geographical boundaries. Do the courts sentence juveniles too leniently or, conversely, too harshly? Around the world some of the most serious questions involve the placement of juveniles in penal institutions. There are some clearly recognized problems. First, many countries still house delinquents and non-delinquent children in the same institutions, despite nation-wide reforms or legislation specifically prohibiting such practices. Second, many juveniles, regardless of their status, are held in jails and detention facilities built or administered for adult populations that greatly outnumber the younger inmates. Third, efforts at reform, while ambitious, have been ineffective in changing objectionable practices and/or aiding children in need. Fourth, left unresolved is the question as to whether the problems noted above in developed countries are present to a greater or lesser degree in developing countries.

Details

Suffer The Little Children
Type: Book
ISBN: 978-0-76230-831-6

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Book part
Publication date: 10 October 2014

Serkan Tasgin

In this chapter, I examine the juvenile justice system and incarceration practices in Turkey. The study focuses on the basic agents and the legislation of the juvenile

Abstract

Purpose

In this chapter, I examine the juvenile justice system and incarceration practices in Turkey. The study focuses on the basic agents and the legislation of the juvenile justice system and the current status of juvenile incarceration. This study also reveals the problems of the functionality of the system. I conclude with policy recommendations for successful implementation of the juvenile justice system and prevention of recidivism.

Design/methodology/approach

I discuss concepts in the juvenile justice system of Turkey and highlight the function and problems of each agent of the system. I focus on problems of the juvenile justice system and its reflection on high rates of recidivism of juveniles.

Findings

Overall, the leniency of the juvenile justice system is associated with high rates of juvenile recidivism in Turkey. Infrastructure insufficiencies have limited the standardization of services and practices. The delayed response and perceived leniency of the justice system promoted juveniles’ continuation on a crime trajectory.

Originality/value

Few scholars have examined the functionality of the juvenile justice system, its problems, and its reflection on high rates of juvenile recidivism in the Turkish case.

Details

Punishment and Incarceration: A Global Perspective
Type: Book
ISBN: 978-1-78350-907-2

Keywords

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Book part
Publication date: 10 May 2017

Bernard P. Perlmutter

In this chapter, I examine stories that foster care youth tell to legislatures, courts, policymakers, and the public to influence policy decisions. The stories told by…

Abstract

In this chapter, I examine stories that foster care youth tell to legislatures, courts, policymakers, and the public to influence policy decisions. The stories told by these children are analogized to victim truth testimony, analyzed as a therapeutic, procedural, and developmental process, and examined as a catalyst for systemic accountability and change. Youth stories take different forms and appear in different media: testimony in legislatures, courts, research surveys or studies; opinion editorials and interviews in newspapers or blog posts; digital stories on YouTube; and artistic expression. Lawyers often serve as conduits for youth storytelling, translating their clients’ stories to the public. Organized advocacy by youth also informs and animates policy development. One recent example fosters youth organizing to promote “normalcy” in child welfare practices in Florida, and in related federal legislation.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78714-344-9

Keywords

Abstract

Details

History & Crime
Type: Book
ISBN: 978-1-80117-699-6

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Book part
Publication date: 26 August 2014

C. Michael Nelson

The school-to-prison pipeline is a term used to describe the pathway traveled by students from public schools to incarceration in secure juvenile detention and…

Abstract

The school-to-prison pipeline is a term used to describe the pathway traveled by students from public schools to incarceration in secure juvenile detention and correctional programs. It begins with students who are marginalized by the education system because of their academic and behavioral issues. The pipeline leads from school failure and disciplinary exclusion to involvement with the juvenile justice system. Youth who are ethnic minorities (especially those who are African-American or Hispanic) as well as those with educational disabilities (especially those with learning and behavioral disorders) are significantly overrepresented in data sets representing key points along the pipeline (e.g., students with poor academic achievement, high rates of suspension, expulsion, and dropout) as well as their high rates of incarceration. From his personal perspective and experience with the juvenile justice system, the author attempts to explicate the pipeline, and to describe efforts to impact it positively.

Details

Special Education Past, Present, and Future: Perspectives from the Field
Type: Book
ISBN: 978-1-78350-835-8

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Article
Publication date: 11 July 2019

Jeffrey J. Roth and Mari B. Pierce

The purpose of this paper is to make evidence-based recommendations for improving the responses of criminal justice agencies to juvenile burglary offenders.

Abstract

Purpose

The purpose of this paper is to make evidence-based recommendations for improving the responses of criminal justice agencies to juvenile burglary offenders.

Design/methodology/approach

The paper first analyzes what is known about factors relevant to young offenders’ initiation into burglary and subsequent persistence in that offense. It then evaluates research regarding juvenile justice interventions that can mitigate those factors in order to prevent youth from becoming involved in burglary or to encourage desistance in juvenile burglars.

Findings

Effective early intervention with juvenile burglars is vital, as burglars often begin committing this crime in their early teens and quickly develop expertise in the offense. Evidence supports the importance of positive mentoring, substance abuse programs, some forms of restorative justice and multi-modal interventions with education and employment components, while waiving these youth to adult court appears to offer little benefit over less punitive approaches.

Originality/value

This work delivers an original contribution by providing an analysis of existing burglary and juvenile justice research that may be useful to policymakers, law enforcement and other justice practitioners.

Details

Safer Communities, vol. 18 no. 3/4
Type: Research Article
ISSN: 1757-8043

Keywords

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Abstract

Details

Ethnographies of Law and Social Control
Type: Book
ISBN: 978-0-76231-128-6

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Article
Publication date: 4 May 2020

Rosie Blount

Rising societal pressures for the Filipino urban poor population – precipitating increased crime – alongside widespread corruption, have led to many children being both…

Abstract

Purpose

Rising societal pressures for the Filipino urban poor population – precipitating increased crime – alongside widespread corruption, have led to many children being both lawfully and unlawfully detained in child rehabilitation centres. Far from rehabilitating, detained children live in prisonlike conditions, despite the illegality of child imprisonment in the country. Their human rights disregarded; they suffer from abuse, neglect and a multitude of health issues, with no access to healthcare. This study aims to explore the experiences and perceptions of formerly detained looked-after adolescents and their carers, on the priority health issues and key health determinants of detained Filipino children.

Design/methodology/approach

A qualitative study was conducted in June 2019 in a Filipino children’s home for previously detained children. In total, 18 semi-structured interviews, using photo-elicitation, were conducted to retrospectively explore the experiences of formerly detained children and their carers, who were purposively sampled. Data were transcribed and thematically analysed. Ethical approval was granted by the University of Leeds.

Findings

Adolescents and carers commonly reported eight key health issues in detained children, namely, most frequently skin disease, mental health issues and malnutrition, then additionally wounds, respiratory disease, dental problems, sexual health issues and gastrointestinal issues. Six determinants of health in detainment centres were identified as follows: hygiene, food, weather, overcrowding, facilities and safeguarding issues.

Originality/value

The illegality and corruption associated with child detention centres mean the situation of detained Filipino children is difficult to assess directly. This study combats this by exploring the experiences of formerly detained children and their carers, to retrospectively assess the health of illegally detained Filipino Children.

Details

International Journal of Prisoner Health, vol. 16 no. 3
Type: Research Article
ISSN: 1744-9200

Keywords

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Book part
Publication date: 25 September 2020

Olayinka Akanle and Ewajesu Opeyemi Okewumi

Children in many societies are often seen as immature in issues and therefore should be dependent on adults for provision of basic needs participation. This gives the…

Abstract

Children in many societies are often seen as immature in issues and therefore should be dependent on adults for provision of basic needs participation. This gives the impression that it is only at adulthood that members of society can make contributions to personal, family and societal development. This is particularly so in African societies. Most African societies consider children as omo kekere (small people/children) and inexperienced people and therefore should be under watch and socialisation of adults who often compromise their rights particularly to participation even when the United Nations’ advocacy guaranteeing the right of children to participate in decision making and other issues concerning them exists. This chapter therefore examines the real experiences of children in a traditional but modernising setting of Ibadan, Nigeria. This is a very relevant research setting since traditional and modern socio-cultural values and forces moderate child rights. Hence, this chapter exposes ways and manners children are treated and, possibly, negotiate cultural systems in the contexts of families to exist within family rules and cultural ethos that define their belongingness and participation in decision making and associated issues. This chapter is placed within the policy framework of implementation of UN Child Rights Charter and Nigerian Child Rights Act which have been found to be largely ineffective in most African societies and Nigeria. This chapter benefits from many years of primary insights and scholarly engagements with children’s experiences and participation in families in Africa. Families with children within the ages of 5–10 in Ibadan were also systematically and extendedly observed. In-depth interviews were conducted with 10 children in their family environments after getting informed consent of their parents. Findings show that culture, traditions and institutionalised gerontocracy remain negatively formidable and hold sway in perpetuating systemic child disempowerment and alienation in families. This chapter provides theoretical, professional and policy settings and environments of child rights and childhood in Nigeria with implications for Africa and globally.

Details

Bringing Children Back into the Family: Relationality, Connectedness and Home
Type: Book
ISBN: 978-1-83867-197-6

Keywords

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