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This volume brings together scholars and practitioners specialising in juvenile justice from the US, Europe, alongside scholars from Africa and Asia who are working on human rights issues in developing countries or countries in transition. The book thus presents two types of papers, the first being descriptive and analytical academic papers on whole systems of juvenile justice or certain parts thereof (e.g., aftercare, restorative justice, etc.). These topics are presented as essential for the development of new juvenile justice systems. The second group of papers 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 the efforts to locate effective alternatives to the incarceration of young offenders. At the same time as the search for such alternatives is being intensified through international exchange and experimentation, the amelioration of harsh measures against juvenile law violators is often countered by political and public outcries for security and demonstrative public intervention against misbehavior. 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.
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.
In 2014 the world’s most widely ratified human rights treaty, one specifically for children, reached the milestone of its twenty-fifth anniversary. The UN Convention on the Rights of the Child was adopted after the fall of the Berlin Wall, and in the time since then it has entered a new century, reshaping laws, policies, institutions and practices across the globe, along with fundamental conceptions of who children are, their rights and entitlements, and society’s duties and obligations to them. Yet despite its rapid entry into force worldwide, there are concerns that the Convention remains a high-level paper treaty without the traction on the ground needed to address ever-continuing violations of children’s rights. This book, based on papers from the conference ‘25 Years CRC’ held by the Department of Child Law at Leiden University, draws together a rich collection of research and insight by academics, practitioners, NGOs and other specialists to reflect on the lessons of the past 25 years, take stock of how international rights find their way into children’s lives at the local level, and explore the frontiers of children’s rights for the 25 years ahead.
Observers or bystanders are students who do not suffer or practice bullying, but who witness bullying. They are participants because they do not report it to teachers or parents. They live in the same environment in which the situation occurs, but they do not reveal it for fear of becoming the next victims.
This two-volume, edited collection lays the groundwork for an international exploration of incarceration and generation, cover a range of geographic, judicial and administrative contexts of incarceration from contributors across a range of subjects. Volume I explores an array of experiences, dynamics, cultures, interventions and impacts of incarceration in specific generations: childhood, youth and emerging adulthood, adulthood and older age. It covers topics such as: the expansion of the penal landscape; deprivation of liberty regarding children, the problem of unaccompanied migrant children; the incarceration of young adults and adults, exploring its impacts within and beyond incarceration and the consequences of imprisoning older populations. Volume II examines intergenerational relations issues within different contexts of incarceration. This collection discusses public policies and the role of the state and the citizen deprived of liberty. It speaks to academics in criminology, sociology, psychology, and law, and to practitioners and policymakers interested in incarceration.
This edited volume contains 22 papers organized into three sections under the following headings: part I is entitled On Promoting Victim Policies; Part II On Reforming Criminal Justice; and Part III On Restorative Justice. All three areas are ones to which Tony Peters, former Professor of Criminology in Leuven, has made a significant contribution and for which he is known as an international authority. During his long and productive academic career Tony Peters led many struggles for criminal justice reform. He was a leading figure in the movement to recognize crime victims' plight and to reaffirm their rights. In Belgium, he spearheaded the early initiatives in restorative justice and became one of its outspoken proponents nationally and internationally. There is no doubt that these three major topics and the various developments and reforms that are addressed in the papers will dominate the thinking about, and the practice of, criminal justice in the years to come. Thus, in addition to paying homage to a congenial friend and an illustrious colleague, it is hoped that this book will appeal and prove useful to all those who have an interest in victims issues, in criminal justice reform, and last but not least, in the promising paradigm of restorative justice.
Comparative Law for Spanish–English Speaking Lawyers provides practitioners and students of law, in a variety of English- and Spanish- speaking countries, with the information and skills needed to successfully undertake competent comparative legal research and communicate with local counsel and clients in a second language. Written with the purpose of helping lawyers develop the practical skills essential for success in today’s increasingly international legal market, this book aims to arm its readers with the tools needed to translate unfamiliar legal terms and contextualize the legal concepts and practices used in foreign legal systems. Comparative Law for Spanish–English Speaking Lawyers / Derecho comparado para abogados anglo- e hispanoparlantes, escrita en inglés y español, persigue potenciar las habilidades lingüísticas y los conocimientos de derecho comparado de sus lectores. Con este propósito, términos y conceptos jurídicos esenciales son explicados al hilo del análisis riguroso y transversal de selectas jurisdicciones hispano- y angloparlantes. El libro pretende con ello que abogados, estudiantes de derecho y traductores puedan trabajar en una segunda lengua con solvencia y consciencia de las diferencias jurídicas y culturales que afectan a las relaciones con abogados y clientes extranjeros. La obra se complementa con ejercicios individuales y en grupo que permiten a los lectores reflexionar sobre estas divergencias.
Covers various European countries, Israel, South Africa, and the United States.
Recent atrocities have ensured that terrorism and how to deal with terrorists legally and politically has been the subject of much discussion and debate on the international stage. This book presents a study of changes in the legal treatment of those perpetrating crimes of a political character over several decades. It most centrally deals with the political offence exception and how it has changed. The book looks at this change from an international perspective with a particular focus on the United States. Interdisciplinary in approach, it examines the fields of terrorism and political crime from legal, political science and criminological perspectives. It will be of interest to a broad range of academics and researchers, as well as to policymakers involved in creating new anti-terrorist policies.