Juvenile Law Violators, Human Rights, and the Development of New Juvenile Justice Systems

by Jensen, Eric L.; Jepsen, Jorgen

• ISBN13: 9781841136363
• ISBN10: 1841136360
• Format: Paperback
• Copyright: 2006-10-01
• Publisher: Hart Publishing

Summary

This volume brings together scholars and practitioners specialising in juvenile justice from the US and Europe alongside scholars from Africa and Asia who are working on human rights issues in developing countries or countries in transition. The book presents two types of papers: descriptive and analytical academic papers on whole systems of juvenile justice or aspects of those systems (e.g., aftercare, restorative justice, etc.) and papers which deal with efforts to promote reform through international activity (PRI, DCI, DIHR), and through efforts to utilise modern theory in national reforms in developing countries (Malawi, Nepal, and Serbia) or in countries experiencing current or recent political and systemic changes or developments (South Africa, Germany, and Poland). The volume is also intended to throw light on recent trends in juvenile crime in various countries, the relationship between actual developments and popular and political perceptions and reactions to such developments (including efforts to find alternatives to the incarceration of young offenders). A streak of new moralism is clearly discernable as a counteracting force against more humane reform efforts. The volume throws light on developments in the actual parameters of juvenile offending, public and political demands for security and public intervention, and measures to provide interventions which are at the same time compatible with international human rights instruments.

Author Biography

Eric L. Jensen is Professor of Sociology, University of Idaho, Moscow, Idaho, U.S.A.
Jørgen Jepsen is Senior Consultant at the Danish Institute for Human Rights, and Associate Professor Emeritus in Criminology at the University of Aarhus, Denmark.

Table of Contents

Morten Kjaerum: Foreword on behalf of the Danish Institute for Human Rights	vii
Acknowledgements	ix
Preface	xi
Contributors	xvii
1. Eric L. Jensen and Jørgen Jepsen: Introduction	1	(12)
Section One: The Practicality of Human Rights-Based Juvenile Justice Systems for Diverse Nations	13	(68)
2. Bruce Abramson: Juvenile Justice: The 'Unwanted Child': Why the potential of the Convention on the Rights of the Child is not being realized, and what we can do about it	15	(24)
3. Charlotte Flindt Pedersen: Support for the Implementation of Humane Responses to Children in Conflict with the Law in DIHR Partner Countries	39	(12)
4. Adam Stapleton: Regional Co-operation and the Spread of New Ideas and Practices	51	(14)
5. Ann Skelton: The South African Child Justice Bill: Transition as Opportunity	65	(16)
Section Two: Juvenile Justice Systems	81	(200)
6. Eric L. Jensen: An Historical Overview of the American Juvenile Justice System	83	(16)
7. José Luis de la Cuesta: The New Spanish Penal System on Delinquency	99	(16)
8. Frieder Dünkel: Juvenile Justice in Germany	115	(40)
9. Krzysztof Krajewski: The Juvenile Justice System in Poland	155	(32)
10. Jerzy Sarnecki: Responses to Juvenile Crime: The Swedish System	187	(26)
11. Jørgen Jepsen: Juvenile Justice in Denmark: From Social Welfare to Repression	213	(50)
12. Kishor Silwal: Juvenile Justice in Nepal: An Overview	263	(18)
Section Three: Learning from the Experiences of Diverse Models	281	(180)
13. Lola Vallés: The Role of the Police within the Spanish Juvenile Justice System: The Results of Legal Reform in Catalonia	283	(10)
14. Troy L. Armstrong: Achieving Positive Results with Serious Juvenile Offenders in a Reintegrative Framework: Strategies Essential for Rehabilitative Effectiveness with the Intensive Aftercare Program (IAP) Model	293	(48)
15. Barbara Mendenhall and James Dumesnil: Exploring Traditional Cultural Mechanisms of Conflict Resolution in American Indian Communities	341	(32)
16. Desmond Kaunda: The Juvenile Justice Forums of Malawi: A Case Study of the Lilongwe Juvenile Justice Forum	373	(18)
17. Ivana Stevanovic: Combining Juvenile Justice with Family Law Reform in Serbia	391	(16)
18. Barry C. Feld: The Inherent Tension of Social Welfare and Criminal Social Control: Policy Lessons from the American Juvenile Court Experience	407	(36)
19. Eric L. Jensen and Jørgen Jepsen: Conclusions: Themes, Trends, and Challenges	443	(18)
Index	461