Download or read book Children s Rights and the Minimum Age of Criminal Responsibility written by Don Cipriani and published by Routledge. This book was released on 2016-05-23 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Age of Culpability written by Gideon Yaffe and published by Oxford University Press. This book was released on 2018 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gideon Yaffe presents a theory of criminal responsibility according to which child criminals deserve leniency not because of their psychological, behavioural, or neural immaturity but because they are denied the vote. He argues that full shares of criminal punishment are deserved only by those who have a full share of say over the law.

Download or read book The Age of Criminal Responsibility written by Australian Institute of Criminology and published by . This book was released on 2005 with total page 1 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Introduction to Forensic Psychology written by Stacey L. Shipley and published by Academic Press. This book was released on 2012-07-10 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition of Introduction to Forensic Psychology has been completely restructured to map to how courses on forensic psychology are taught, and features more figures, tables, and text boxes, textbook pedagogy. Uniquely. this book offers equal representation of criminal behavior, the court systems, and law enforcement/prisons. It also has equal representation of criminal and civic forensics and of issues pertaining to adults and children. new coverage of emerging issues in forensic psychology expanded case illustrations and vignettes, practice and ethics updates, and international trends new "key issue" overviews, boldface terms and concepts, and chapter reviews expanded coverage of corrections for juveniles.

Download or read book Juvenile Crime Juvenile Justice written by Institute of Medicine and published by National Academies Press. This book was released on 2001-06-05 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Children s Rights and the Minimum Age of Criminal Responsibility written by Don Cipriani and published by Routledge. This book was released on 2016-05-23 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Internet Law in China written by Guosong Shao and published by Chandos Publishing. This book was released on 2012-03-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive, structured, and up-to-date introduction to the law governing the dissemination of information in a computer-mediated world in China, Internet Law in China stresses the practical applications of the law that are encountered by all individuals and organizations in Chinese cyberspace, but always in the light of theoretical underpinnings. Among the overarching topics treated in the Chinese context are the following: intellectual property protection in cyberspace; privacy of communication and data privacy; electronic contract forming and electronic signature; personal, domestic and international jurisdiction; and free expression in cyberspace. This book is particularly valuable to legal, business, and communication professionals, academics, and students concerned with the regulation of the Internet and related activities in China. It is the first book to focus solely on Chinese Internet law.

Download or read book The Age of Culpability written by Gideon Yaffe and published by Oxford University Press. This book was released on 2018-03-15 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Young Offenders and the Law written by Raymond Arthur and published by Routledge. This book was released on 2010-06-10 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Reforming Juvenile Justice written by National Research Council and published by National Academies Press. This book was released on 2013-05-22 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Age of Criminal Responsibility written by Gregor Urbas and published by . This book was released on 2000 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considerable recent attention has been directed towards rules governing the minimum age of criminal responsibility, and the imposition of criminal responsibility above that age depending on a young offender's appreciation of the wrongness of their act. This paper examines the operation of these rules, along with criticisms and prospects for reform.

Download or read book Desistance from Crime written by Michael Rocque and published by Springer. This book was released on 2017-04-25 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a brief treatise on the theory and research behind the concept of desistance from crime. This ever-growing field has become increasingly relevant as questions of serious issues regarding sentencing, probation and the penal system continue to go unanswered. Rocque covers the history of research on desistance from crime and provides a discussion of research and theories on the topic before looking towards the future of the application of desistance to policy. The focus of the volume is to provide an overview of the practical and theoretical developments to better understand desistance. In addition, a multidisciplinary, integrative theoretical perspective is presented, ensuring that it will be of particular interest for students and scholars of criminology and the criminal justice system.

Download or read book In Search of Criminal Responsibility written by Nicola Lacey and published by Oxford University Press. This book was released on 2016 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes someone responsible for a crime and therefore liable tof punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history.

Download or read book Rethinking Juvenile Justice written by Elizabeth S Scott and published by Harvard University Press. This book was released on 2009-06-30 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: What should we do with teenagers who commit crimes? In this book, two leading scholars in law and adolescent development argue that juvenile justice should be grounded in the best available psychological science, which shows that adolescence is a distinctive state of cognitive and emotional development. Although adolescents are not children, they are also not fully responsible adults.

Download or read book The War on Kids written by Cara H. Drinan and published by Oxford University Press. This book was released on 2018 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2003, when Terrence Graham was sixteen, he and three other teens attempted to rob a barbeque restaurant in Jacksonville, Florida. Though they left with no money, and no one was seriously injured, Terrence was sentenced to die in prison for his involvement in that crime. As shocking as Terrence's sentence sounds, it is merely a symptom of contemporary American juvenile justice practices. In the United States, adolescents are routinely transferred out of juvenile court and into adult criminal court without any judicial oversight. Once in adult court, children can be sentenced without regard for their youth. Juveniles are housed in adult correctional facilities, they may be held in solitary confinement, and they experience the highest rates of sexual and physical assault among inmates. Until 2005, children convicted in America's courts were subject to the death penalty; today, they still may be sentenced to die in prison-no matter what efforts they make to rehabilitate themselves. America has waged a war on kids. In The War on Kids, Cara Drinan reveals how the United States went from being a pioneer to an international pariah in its juvenile sentencing practices. Academics and journalists have long recognized the failings of juvenile justice practices in this country and have called for change. Despite the uncertain political climate, there is hope that recent Supreme Court decisions may finally make those calls a reality. The War on Kids seizes upon this moment of judicial and political recognition that children are different in the eyes of the law. Drinan chronicles the shortcomings of juvenile justice by drawing upon social science, legal decisions, and first-hand correspondence with Terrence and others like him-individuals whose adolescent errors have cost them their lives. At the same time, The War on Kids maps out concrete steps that states can take to correct the course of American juvenile justice.

Download or read book Attempts written by Gideon Yaffe and published by OUP Oxford. This book was released on 2012-11-29 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gideon Yaffe presents a ground-breaking work which demonstrates the importance of philosophy of action for the law. Many people are serving sentences not for completing crimes, but for trying to. So the law governing attempted crimes is of practical as well as theoretical importance. Questions arising in the adjudication of attempts intersect with questions in the philosophy of action, such as what intention a person must have, if any, and what a person must do, if anything, to be trying to act. Yaffe offers solutions to the difficult problems courts face in the adjudication of attempted crimes. He argues that the problems courts face admit of principled solution through reflection either on what it is to try to do something; or on what evidence is required for someone to be shown to have tried to do something; or on what sentence for an attempt is fair given the close relation between attempts and completions. The book argues that to try to do something is to be committed by one's intention to each of the components of success and to be guided by those commitments. Recognizing the implications of this simple and plausible position helps us to identify principled grounds on which the courts ought to distinguish between defendants charged with attempted crimes.

Download or read book Criminal Children written by Emma Watkins and published by Grub Street Publishers. This book was released on 2018-10-30 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of juvenile crime, punishment, and reform in England in the years before, during, and after the era of Charles Dickens. How were juvenile delinquents dealt with in the nineteenth and early twentieth centuries? What dire circumstances led to their behavior? Were the efforts to curb their criminal tendencies successful? From 1820–1920, ideas about youth and transgression changed dramatically in the United Kingdom. Criminal Children delves into this period to uncover fascinating insight into the neglected subject of childhood crime and punishment, and the “invention” of juvenile delinquency. Drawing on the life stories of twenty-four “bad seeds,” true crime journalists Emma Watkins and Barry Godfrey explore every aspect of these young and desperate lives: their experiences in prisons, reformatory schools, industrial schools, borstals, and female factories; their trials and criminal petitions; and the harrowing transport to Australia—considered the last resort for adult convicts and children alike. Including resources for researching one’s own criminal forebears, Criminal Children is “an interesting book to anybody who wants to know more about juvenile offenders in England” (Nell Darby, author of Life on the Victorian Stage).