Children s Rights and the Minimum Age of Criminal Responsibility

Author: Don Cipriani
Publisher: Routledge
ISBN: 1317167597
Format: PDF, Mobi
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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.

The Hidden Order of Corruption

Author: Donatella della Porta
Publisher: Routledge
ISBN: 1317029119
Format: PDF, ePub
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When corruption is exposed, unknown aspects are revealed which allow us to better understand its structures and informal norms. This book investigates the hidden order of corruption, looking at the invisible codes and mechanisms that govern and stabilize the links between corrupters and corruptees. Concentrating mainly on democratic regimes, this book uses a wide range of documentation, including media and judicial sources from Italy and other countries, to locate the internal equilibria and dynamics of corruption in a broad and comparative perspective. It also analyses the Transparency International Annual Reports and the daily survey of international news to present evidence on specific cases of corruption within an institutional theory framework.

Responding to Youth Crime in Hong Kong

Author: Michael Adorjan
Publisher: Routledge
ISBN: 113507996X
Format: PDF, Kindle
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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.

Law in Society Reflections on Children Family Culture and Philosophy

Author: Alison Diduck
Publisher: BRILL
ISBN: 9004261494
Format: PDF, Docs
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This collection, written by legal scholars from around the world, offers insights into a variety of topics from children’s rights to criminal law, jurisprudence, medical ethics and more. Its breadth reflects the fact that these are all elements of what can broadly be called ‘law and society’, that enterprise that is interested in law’s place or influence in diffferent aspects of real lives and understands law to be simultaneously symbol, philosophy and action. It also testament to the broad range of vision of Professor Michael Freeman, in whose honour the volume was conceived. The contributions are divided into categories which reflect his distinguished career and publications, over 85 books and countless articles, including pioneering work on children’s rights, domestic violence, religious law, jurisprudence, law and culture, family law and medicine, ethics and the law, as well as his enduring commitment to interdisciplinarity.

Comparative Criminal Justice and Globalization

Author: Professor David Nelken
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409497615
Format: PDF, Kindle
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In this exciting and topical collection, leading scholars discuss the implications of globalisation for the fields of comparative criminology and criminal justice. How far does it still make sense to distinguish nation states, for example in comparing prison rates? Is globalisation best treated as an inevitable trend or as an interactive process? How can globalisation's effects on space and borders be conceptualised? How does it help to create norms and exceptions? The editor, David Nelken, is a Distinguished Scholar of the American Sociological Association, a recipient of the Sellin-Glueck award of the American Society of Criminology, and an Academician of the Academy of Social Sciences, UK. He teaches a course on Comparative Criminal Justice as Visiting Professor in Criminology at Oxford University's Centre of Criminology.

Penal Culture and Hyperincarceration

Author: Chris Cunneen
Publisher: Routledge
ISBN: 1317082656
Format: PDF, ePub, Mobi
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What are the various forces influencing the role of the prison in late modern societies? What changes have there been in penality and use of the prison over the past 40 years that have led to the re-valorization of the prison? Using penal culture as a conceptual and theoretical vehicle, and Australia as a case study, this book analyses international developments in penality and imprisonment. Authored by some of Australia’s leading penal theorists, the book examines the historical and contemporary influences on the use of the prison, with analyses of colonialism, post colonialism, race, and what they term the ’penal/colonial complex,’ in the construction of imprisonment rates and on the development of the phenomenon of hyperincarceration. The authors develop penal culture as an explanatory framework for continuity, change and difference in prisons and the nature of contested penal expansionism. The influence of transformative concepts such as ’risk management’, ’the therapeutic prison’, and ’preventative detention’ are explored as aspects of penal culture. Processes of normalization, transmission and reproduction of penal culture are seen throughout the social realm. Comparative, contemporary and historical in its approach, the book provides a new analysis of penality in the 21st century.

The Age of Culpability

Author: Gideon Yaffe
Publisher: Oxford University Press
ISBN: 019880332X
Format: PDF, Docs
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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 owedlesser 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 tohave 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 asay 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 becauseof 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.

Children and Transitional Justice

Author: Sharanjeet Parmar
Publisher: Harvard University Press
ISBN: 9780979639548
Format: PDF, Docs
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Children are increasingly a focus of international and national courts and truth commissions. Their participation, including through testimony that bears witness to their experiences, demonstrates their critical role in truth, justice, and reconciliation processes. If children are to engage, however, their rights must be respected. This book includes analysis of the recent involvement of children in transitional justice processes in Liberia, Peru, Sierra Leone, and South Africa. It also explores key areas of current debates among legal scholars and child rights advocates, such as international criminal responsibility, traditional and restorative justice, reparations, psychosocial support for child witnesses, and links between education and reconciliation. The book emphasizes how children must be engaged during post-conflict transition. If children are excluded, they may become vulnerable to a continuing cycle of violence, affecting future generations. In contrast, through active involvement in transitions, children and adolescents can be the catalysts for justice, reconciliation, and peace-building within their own families and communities.

Comparative Youth Justice

Author: John Muncie
Publisher: Pine Forge Press
ISBN: 9781446233184
Format: PDF, ePub, Mobi
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'In this pathbreaking volume Muncie and Goldson bring together leading authors to examine and compare youth justice systems around the world. Comparative Youth Justice will be of interest to all criminologists concerned with comparative penal policy and will be essential to all scholars of youth justice' - Professor Tim Newburn, London School of Economics and Political Science and President of the British Society of Criminology 'Comparative Youth Justice is what we need in an era of hardening social policies and irresponsible political demagoguery: thoughtful critiques, comparative analysis, and a commitment to the rights of youth. John Muncie and Barry Goldson have done a fine job of bringing together a group of commentators who know the inner workings of juvenile justice and what it will take to change the current law and order model. A book that is required reading for practitioners, professors, policy makers, researchers, and students concerned about the bankrupt state of juvenile justice and willing to consider new ideas and directions' - Tony Platt, California State University, Sacramento With contributions from leading commentators from 13 different countries, this carefully integrated edited collection comprises the most authoritive comparative analysis of international youth justice currently available. However, Comparative Youth Justice is not simply an attempt to document national similarities and differences, but looks critically at how global trends are translated at the local level. This book also examines how youth justice is implemented in practice with a view to promoting change as well as reflection. Each chapter addresses key critical issues: - the degree of compliance with international law; - the extent of repenalistion; - adulteration; - tolerance; - the impact of experiments in restoration and risk management. This book is designed as a companion volume to Youth Crime and Justice, edited by Barry Goldson and John Muncie, published simultaneously by SAGE Publications. 'This is a brilliant set of edited volumes that will be an indispensable and timely source of information and analysis for anyone with an interest in issues of youth justice and comparative criminology.' David A. Green, Oxford University