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Getting the principles, procedures and practices of child justice right is essential to preventing crime in South Africa. In this monograph the authors chart the history of child justice in South Africa, and internationally. They describe recent developments in child justice in South Africa, and contextualise the South African approach by reflecting on international standards. This monograph provides details about the new Child Justice Bill. The Child Justice Bill provides an enlightened approach to dealing with young offenders and offers a chance to break the cycle of crime. Included in the new Bill are provisions for diverting child offenders out of the criminal justice system through the possibility of community-based sentencing. The Bill also provides a firm legal basis for restorative justice that attends to the needs both of victims and perpetrators.
The book provides articles on child law in South Africa. It includes topics such as:maintenance for children; legal representation; adoption; special protection; Socio economic rights; ; inter country adoption; school discipline; sexual offences and detention of children.
Provides a comparison of criminal justice and juvenile justice systems across the world, looking for points of comparison and policy variance that can lead to positive change in the United States. Contributors discuss important issues such as the relationship between political change and juvenile justice, the common labels used to unify juvenile systems in different regions and in different forms of government, the types of juvenile systems that exist and how they differ, and more. Furthermore, they use data on criminal versus juvenile justice in a wide variety of nations to create a new explanation of why separate juvenile and criminal courts are felt to be necessary. --From publisher description.
This interdisciplinary book analyzes the nature of child justice administration in Africa, particularly focusing on Nigeria and South Africa. The author uses a comparative approach in analyzing the legal regime and practice of child justice administration in Africa by recommending South Africa as inspiration for Nigeria since the justice sector in South Africa is significantly more developed. It further investigates various problems and challenges associated with children in the criminal justice system in Africa, thereby contributing to the cross-fertilization and collaboration among African nations that contributes to the development of the continent as a whole. The monograph shows that children are not only neglected by academics and practitioners but also that there is no access to scholarly materials in this area of law in Africa. This work contributes to knowledge in the area of law and methodology on the issue of child justice administration, development studies, political science, and African studies.
Annotation By the year 2000 more than 50% of the world population will be under the age of 15 (9th UN Congress, 1995) Youth crime is increasing around the worl d(9th UN Congress, 1995) In September 1997, Canadian Justice Minister, Anne McLellan, declared youth justice as a top priority. These and similar facts speak to the urgency for society to study youth crime and examine youth justice systems from a comparative perspective. As our world gets smaller, we discover the urgency and importance of sharing and learning at a global level. This collection offers a unique opportunity to examine six different juvenile justice systems and youth crime around the world. All eleven articles are original contributions from a distinguished set of experts on juvenile justice in their respective countries. Each contribution examines a set of common elements: defining delinquency, describing the nature and extent of youth crime, examining the administration of youth justice, and discussing issues confronting youth crime. This groundbreaking book will be of interest to students, criminologists, and criminal justice policy-makers who are interested in improving the intervention, treatment, and prevention of youth crime, and the administration of youth justice.
Vulnerable Children in South Africa: Legal, social development and criminological aspects analyses the legal, social development, criminological and penology issues that affect vulnerable children and children who are in conflict with the law. The book adopts a multi-disciplinary approach to the topic and considers vulnerability within both the family and broader societal structures. The book addresses the needs of children as victims and children as perpetrators of harm. The book takes a holistic view of vulnerability in childhood and addresses a wide variety of issues, including the nature and potential legal impact of harmful cultural practices. Vulnerable Children in South Africa also describes the causes and effects of vulnerability in childhood and emphasises the multi-disciplinary aspects of working with such children as victims or offenders. The authors concentrate on the processes that apply to the work of various professionals: police officers-, lawyers, social workers, probation officers and correctional officers. The Child Justice Act 75 of 2008, the Children's Act 38 of 2005 and the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 are among the Acts that are discussed.
Juvenile justice has been and remains a topical issue at national and international levels. There are various standards and guidelines for administration, but six major models characterize juvenile justice systems worldwide: participatory, welfare, corporatism, modified justice, justice, and crime control. Juvenile Justice: International Perspectives, Models, and Trends presents contributions by authors from different countries in all five continents employing these six models. The book begins with a comprehensive overview of the topic and the various international standards and guidelines designed to inform juvenile justice practices. This introduction is followed by chapters on individual countries covered independently by resident experts, allowing readers to appreciate a range of comparisons and to critically reflect on the relative merits of the different models. Topics presented in each chapter include: The country’s history of juvenile justice The nature and status of delinquency Current legislation on juvenile justice How well the legislation complies with the Standard Minimum Rules of the Administration of Juvenile Justice as defined by the United Nations The type of juvenile justice model followed Age limits for male and female juvenile offenders Legal and social issues confronting juvenile offenders Current theoretical biases used to explain and justify response to delinquency Future issues, challenges, and/or initiatives Text boxes supply current and relevant examples to contextualize key issues and themes. Each chapter features discussion questions and helpful web links to facilitate further research. Presented in an unbiased manner, the book is a consolidated yet comprehensive overview of juvenile justice models and practices worldwide. It enables readers to compare the relative strengths and weaknesses of different juvenile justice models/systems and to evaluate all countries in light of the larger international phenomena of delinquency.
This book investigates how, while children used as soldiers are primarily perceived as victims of offences against international law, they also commit war atrocities. In the aftermath of armed conflict, the mainstream justice system targets warlords internationally, armed groups and militias’ commanders who abduct and enrol children as combatants, leaving child perpetrators not being held accountable for their alleged gross human rights violations. Attempts to prosecute child soldiers through the mainstream justice system have resulted in child rights abuses. Where no accountability measures have been taken, demobilised young soldiers have experienced rejection, and eventually, some have returned to soldiering. This research provides evidence of the potential of restorative justice peacemaking circles and locally-based jurisprudence – specifically the Baraza - to hold former child soldiers accountable and facilitate their reintegration into society.