Le but premier des services de protection de la jeunesse est de mettre fin à une situation de compromission et d’éviter que celle-ci ne se reproduise. Cependant, une meilleure connaissance des facteurs de risque d’incidence LSJPA chez les jeunes pris en charge en raison de leurs comportements problématiques permettrait de mieux identifier et ainsi, d’adapter les interventions chez ceux se révélant être les plus à risque de délinquance juvénile. La présente étude propose donc de décrire l’ampleur et le risque d’incidence c’est-à-dire, l’application d’une sanction ou d’une mesure en vertu de la LSJPA chez ces jeunes et de déterminer, parmi les facteurs associés au jeune et ceux inhérents à l’intervention, quels en sont les meilleurs prédicteurs. Pour ce faire, des données clinico-administratives des 16 centres jeunesse du Québec ont été utilisées. Ainsi, tous les enfants et adolescents dont le dossier a été fermé à la suite d’une première intervention en protection de la jeunesse en raison de troubles de comportement entre le 1er janvier 2005 et le 31 décembre 2009 ont été observés (N = 6 630). Des analyses de survie (modèle Kaplan-Meier) ainsi que des régressions de Cox ont été effectuées. Les résultats indiquent qu’un jeune pris en charge en raison de troubles de comportement a 39,7% de risque de migrer vers les services judiciaires pour adolescents dans les cinq années qui suivent la fermeture de son dossier. Sans grande surprise, les garçons présentent un plus grand risque que leurs homologues féminins. Il appert également que le risque d’incidence varie en fonction du sexe et de la présence de maltraitance lors de la prise en charge initiale. De plus, les facteurs associés à l’usager lui-même semblent avoir un impact plus important sur l’incidence que ceux associés à la prise en charge. Aussi, la récurrence dans les services de protection en raison de troubles de comportement mais également en raison de nouveaux éléments liés à la maltraitance sont au nombre des éléments à surveiller avec beaucoup d’attention puisqu’ils sont fortement liés à une migration vers la LSJPA. Les implications cliniques sont discutées et une ouverture sur de futurs travaux est faite. / Among children and youth who have been maltreated, several studies point to the elevated risk of developmental problems such as delinquency and justice system involvement. Presenting serious behavioral problems is a sufficient condition to receive child protection services (CPS) in the province of Quebec; this offers the opportunity to focus on this condition and on the role it may play or not in the subsequent risk of Youth Criminal Justice Act (YCJA) involvement. The primary role of CPS is to end an abusive situation and to prevent its recurrence. However, a better understanding of the risk factors that lead to an YCJA involvement would help to identify and to adapt interventions for those at greatest risk of juvenile delinquency. The aim of this study is to describe the risk of an YCJA event after a first intervention of CPS due to behavioral problems, and to determine the individual and intervention related factors associated with this YCJA involvement. Administrative data from 16 youth centers in the province of Quebec has been used. Thus, all children and adolescents who have had their file closed after a first CPS intervention due to behavioral problems between January 1st 2005 and December, 31st 2009 were observed (N = 6,630). Survival analysis (Kaplan-Meier model) and Cox regression analyzes were performed. The results indicate that youths in the sample present a 39.7% overall risk of YCJA involvement within the 5-year follow-up period. Boys present a higher risk of YCJA involvement than girls, an unsurprising result. It also appears that the risk varies by gender and the presence of co-occurrence of maltreatment at initial report. Individual risk factors seem to have a greater impact on YCJA involvement than those associated with the CPS intervention. Moreover, recurrences of CPS due to behavioral problems but also because of new information related to child’s maltreatment are particularly important since they are strongly associated with future YCJA involvement. Implications for theory, research, and practice are discussed.

published_or_final_version / Sociology / Master / Master of Social Sciences

<p> <p>&nbsp / </p> </p> <p align="left">Whilst policy formulation has been extensively studied and theorised in the literature, far less attention has been paid until fairly recently to the issue of policy implementation. For a long time it was more or less assumed that once policy was formulated, implementation was a relatively straightforward administrative matter. In the past twenty or thirty years, however, public administration scholars (such as Pressman and Wildavsky and, in the South African context, Brynard and de Coning) have devoted more attention to unravelling the complexities of policy implementation. The current study intends to apply these more theoretical approaches to an analysis of the implementation of the 1997 White Paper for Social Welfare with particular respect to children in conflict with the law, focusing specifically on the One Stop Child Justice Centre in Mangaung, Bloemfontein. Welfare Service in South Africa before 1994 had a racial bias with services mostly unavailable to the majority of the citizens of the country. The 1997 White Paper for Social Welfare, based on a developmental approach to social welfare, was designed to take the country in a new and inclusive direction. In line with South Africa&rsquo / s 1996 ratification of the UN Convention on the Rights of the Child, as well as other international instruments, Section 4 of Chapter 8 of the White Paper focuses on crime prevention through development and restorative justice, and recommends diversion wherever possible in the case of juveniles. With respect to Juvenile justice, this section of the White Paper makes provision for the establishment of One Stop Child Justice Centres, where a variety of services, from Social Development, the Department of Justice, the South African Police Services, Correctional Services, and the NPA, would be available to clients under one roof. All of these role players, it was envisaged, would operate as a multi-disciplinary team to achieve the objectives of the White Paper with respect to developmental and restorative forms of justice. The Centre at Mangaung is one of only a few centres to have been established as yet in South Africa. Although focusing in particular on the implementation of the 1997 White Paper, the study is also informed by other policy and legislative measures with respect to juvenile justice, in particular the Child Justice Bill of 2002 (now the Child Justice Act of 2008) and the Probation Services Amendment Act of 2002. It is generally accepted by the Government and its critics alike that the policy scene in South Africa in the period since 1994 has been characterized by good policies but poor execution. This is, however, a relatively untested hypothesis and needs further investigation. In the light of this, it is anticipated, that the present study will make a contribution to the literature on policy implementation in South Africa, as well as providing useful insights and lessons that can inform general government policy in this regard, and policy with respect to juvenile justice in particular. Within the general context of the 1997 White Paper for Social Welfare and the Department of Social Development&rsquo / s Integrated Service Delivery Model, and the specific context of the Mangaung One Stop Child Justice Centre, the overall purpose of the study is to scrutinize the apparent discontinuity between policy design on the one hand and policy implementation on the other. More specifically, though, the objectives of the study are: (i) to examine the content of the 1997 White Paper for Social Welfare in general and more specifically the section on children in conflict with the law, (ii) to provide a historical overview of the delivery of services to youth in conflict with the law prior to the first democratic elections (1994) in South Africa, (iii) to examine what the concept of &lsquo / integrated service delivery&rsquo / means to the different role-players at the One Stop Child Justice Centre, (iv) to examine the existing resources (human, financial and other) for successful implementation of the policy,(v) to examine whether there are procedures in place to encourage co-operation among stakeholders at the One Stop Child Justice Centre, (vi) to examine the successes, challenges and opportunities presented by the implementation of this policy at the One Stop Child Justice Centre and, (vii) to identify gaps between policy and implementation and make recommendations towards more successful implementation. Detailed semi-structured interviews were conducted with the Centre Manager and senior representatives of all the services involved (Social Development, the SAPS, Magistrates, the Probation Service, and Prosecutors). The interview questions focus mainly on implementation issues and challenges, but also gather information on the knowledge of the interviewees on the content of the policy. In addition, in order to validate and compare the data collected from these respondents, semi-structured interviews were held with six parents/guardians of children in conflict with the law who had been serviced by the centre. Official documents of the centre, such as annual reports, were also consulted for purposes of triangulation. Detailed transcripts will be made of all the interviews. In analysing the data, use was made in particular of the 5C Protocol advocated by Brynard and De Coning (2006) in their study of policy implementation in South Africa. The five C&rsquo / s include the Content of the policy, the Context in which the policy is implemented, Commitment from those implementing the policy, the role of Clients and Coalitions, and the Capacity of those tasked with implementing the policy. In addition other C&rsquo / s which have an impact on policy implementation (such as communication, co-ordination, and change management) will also be considered. Confidentiality of data gathered and anonymity of respondents were ensured by not requiring any personal details from the survey instruments. The sole purpose of using the data gathered for research was communicated to the respondents on the front page of the survey instruments. The choice of also not answering questions raised was respected.</p>

<p>&nbsp / </p> <p>&nbsp / </p> <p>&nbsp / </p> <p align="left">Whilst policy formulation has been extensively studied and theorised in the literature, far less attention has been paid until fairly recently to the issue of policy implementation. For a long time it was more or less assumed that once policy was formulated, implementation was a relatively straightforward administrative matter. In the past twenty or thirty years, however, public administration scholars (such as Pressman and Wildavsky and, in the South African context, Brynard and de Coning) have devoted more attention to unravelling the complexities of policy implementation. The current study intends to apply these more theoretical approaches to an analysis of the implementation of the 1997 White Paper for Social Welfare with particular respect to children in conflict with the law, focusing specifically on the One Stop Child Justice Centre in Mangaung, Bloemfontein. Welfare Service in South Africa before 1994 had a racial bias with services mostly unavailable to the majority of the citizens of the country. The 1997 White Paper for Social Welfare, based on a developmental approach to social welfare, was designed to take the country in a new and inclusive direction. In line with South Africa&rsquo / s 1996 ratification of the UN Convention on the Rights of the Child, as well as other international instruments, Section 4 of Chapter 8 of the White Paper focuses on crime prevention through development and restorative justice, and recommends diversion wherever possible in the case of juveniles. With respect to Juvenile justice, this section of the White Paper makes provision for the establishment of One Stop Child Justice Centres, where a variety of services, from Social Development, the Department of Justice, the South African Police Services, Correctional Services, and the NPA, would be available to clients under one roof. All of these role players, it was envisaged, would operate as a multi-disciplinary team to achieve the objectives of the White Paper with respect to developmental and restorative forms of justice. The Centre at Mangaung is one of only a few centres to have been established as yet in South Africa. Although focusing in particular on the implementation of the 1997 White Paper, the study is also informed by other policy and legislative measures with respect to juvenile justice, in particular the Child Justice Bill of 2002 (now the Child Justice Act of 2008) and the Probation Services Amendment Act of 2002. It is generally accepted by the Government and its critics alike that the policy scene in South Africa in the period since 1994 has been characterized by good policies but poor execution. This is, however, a relatively untested hypothesis and needs further investigation. In the light of this, it is anticipated, that the present study will make a contribution to the literature on policy implementation in South Africa, as well as providing useful insights and&nbsp / sessons that can inform general government policy in this regard, and policy with respect to juvenile justice in particular. Within the general context of the 1997 White Paper for Social Welfare and the Department of Social Development&rsquo / s Integrated Service Delivery Model, and the specific context of the Mangaung One Stop Child Justice Centre, the overall purpose of the study is to scrutinize the apparent discontinuity between policy design on the one hand and policy implementation on the other. More specifically, though, the objectives of the study are: (i) to examine the content of the 1997 White Paper for Social Welfare in general and more specifically the section on children in conflict with the law, (ii) to provide a historical overview of the delivery of services to youth in conflict with the law prior to the first democratic elections (1994) in South Africa, (iii) to examine what the concept of &lsquo / integrated service delivery&rsquo / means to the different role-players at the One Stop Child Justice Centre, (iv) to examine the existing resources (human, financial and other) for successful implementation of the policy, (v) to examine whether there are procedures in place to encourage co-operation among stakeholders at the One Stop Child Justice Centre, (vi) to examine the successes, challenges and opportunities presented by the implementation of this policy at the One Stop Child Justice Centre and, (vii) to identify gaps between policy and implementation and make recommendations towards more successful implementation. Detailed semi-structured interviews were conducted with the Centre Manager and senior representatives of all the services involved (Social Development, the SAPS, Magistrates, the Probation Service, and Prosecutors). The interview questions focus mainly on implementation issues and challenges, but also gather information on the knowledge of the interviewees on the content of the policy. In addition, in order to validate and compare the data collected from these respondents, semi-structured interviews were held with six parents/guardians of children in conflict with the law who had been serviced by the centre. Official documents of the centre, such as annual reports, were also consulted for purposes of triangulation. Detailed transcripts will be made of all the interviews. In analysing the data, use was made in particular of the 5C Protocol advocated by Brynard and De Coning (2006) in their study of policy implementation in South Africa. The five C&rsquo / s include the Content of the policy, the Context in which the policy is implemented, Commitment from those implementing the policy, the role of Clients and Coalitions, and the Capacity of those tasked with implementing the policy. In addition other C&rsquo / s which have an impact on policy implementation (such as communication, co-ordination, and change management) will also be considered. Confidentiality of data gathered and anonymity of respondents were ensured by not requiring any personal details from the survey instruments. The sole purpose of using the data gathered for research was communicated to the respondents on the front page of the survey instruments. The choice of also not answering questions raised was respected.</p>

<p> <p>&nbsp / </p> </p> <p align="left">Whilst policy formulation has been extensively studied and theorised in the literature, far less attention has been paid until fairly recently to the issue of policy implementation. For a long time it was more or less assumed that once policy was formulated, implementation was a relatively straightforward administrative matter. In the past twenty or thirty years, however, public administration scholars (such as Pressman and Wildavsky and, in the South African context, Brynard and de Coning) have devoted more attention to unravelling the complexities of policy implementation. The current study intends to apply these more theoretical approaches to an analysis of the implementation of the 1997 White Paper for Social Welfare with particular respect to children in conflict with the law, focusing specifically on the One Stop Child Justice Centre in Mangaung, Bloemfontein. Welfare Service in South Africa before 1994 had a racial bias with services mostly unavailable to the majority of the citizens of the country. The 1997 White Paper for Social Welfare, based on a developmental approach to social welfare, was designed to take the country in a new and inclusive direction. In line with South Africa&rsquo / s 1996 ratification of the UN Convention on the Rights of the Child, as well as other international instruments, Section 4 of Chapter 8 of the White Paper focuses on crime prevention through development and restorative justice, and recommends diversion wherever possible in the case of juveniles. With respect to Juvenile justice, this section of the White Paper makes provision for the establishment of One Stop Child Justice Centres, where a variety of services, from Social Development, the Department of Justice, the South African Police Services, Correctional Services, and the NPA, would be available to clients under one roof. All of these role players, it was envisaged, would operate as a multi-disciplinary team to achieve the objectives of the White Paper with respect to developmental and restorative forms of justice. The Centre at Mangaung is one of only a few centres to have been established as yet in South Africa. Although focusing in particular on the implementation of the 1997 White Paper, the study is also informed by other policy and legislative measures with respect to juvenile justice, in particular the Child Justice Bill of 2002 (now the Child Justice Act of 2008) and the Probation Services Amendment Act of 2002. It is generally accepted by the Government and its critics alike that the policy scene in South Africa in the period since 1994 has been characterized by good policies but poor execution. This is, however, a relatively untested hypothesis and needs further investigation. In the light of this, it is anticipated, that the present study will make a contribution to the literature on policy implementation in South Africa, as well as providing useful insights and lessons that can inform general government policy in this regard, and policy with respect to juvenile justice in particular. Within the general context of the 1997 White Paper for Social Welfare and the Department of Social Development&rsquo / s Integrated Service Delivery Model, and the specific context of the Mangaung One Stop Child Justice Centre, the overall purpose of the study is to scrutinize the apparent discontinuity between policy design on the one hand and policy implementation on the other. More specifically, though, the objectives of the study are: (i) to examine the content of the 1997 White Paper for Social Welfare in general and more specifically the section on children in conflict with the law, (ii) to provide a historical overview of the delivery of services to youth in conflict with the law prior to the first democratic elections (1994) in South Africa, (iii) to examine what the concept of &lsquo / integrated service delivery&rsquo / means to the different role-players at the One Stop Child Justice Centre, (iv) to examine the existing resources (human, financial and other) for successful implementation of the policy,(v) to examine whether there are procedures in place to encourage co-operation among stakeholders at the One Stop Child Justice Centre, (vi) to examine the successes, challenges and opportunities presented by the implementation of this policy at the One Stop Child Justice Centre and, (vii) to identify gaps between policy and implementation and make recommendations towards more successful implementation. Detailed semi-structured interviews were conducted with the Centre Manager and senior representatives of all the services involved (Social Development, the SAPS, Magistrates, the Probation Service, and Prosecutors). The interview questions focus mainly on implementation issues and challenges, but also gather information on the knowledge of the interviewees on the content of the policy. In addition, in order to validate and compare the data collected from these respondents, semi-structured interviews were held with six parents/guardians of children in conflict with the law who had been serviced by the centre. Official documents of the centre, such as annual reports, were also consulted for purposes of triangulation. Detailed transcripts will be made of all the interviews. In analysing the data, use was made in particular of the 5C Protocol advocated by Brynard and De Coning (2006) in their study of policy implementation in South Africa. The five C&rsquo / s include the Content of the policy, the Context in which the policy is implemented, Commitment from those implementing the policy, the role of Clients and Coalitions, and the Capacity of those tasked with implementing the policy. In addition other C&rsquo / s which have an impact on policy implementation (such as communication, co-ordination, and change management) will also be considered. Confidentiality of data gathered and anonymity of respondents were ensured by not requiring any personal details from the survey instruments. The sole purpose of using the data gathered for research was communicated to the respondents on the front page of the survey instruments. The choice of also not answering questions raised was respected.</p>

<p>&nbsp / </p> <p>&nbsp / </p> <p>&nbsp / </p> <p align="left">Whilst policy formulation has been extensively studied and theorised in the literature, far less attention has been paid until fairly recently to the issue of policy implementation. For a long time it was more or less assumed that once policy was formulated, implementation was a relatively straightforward administrative matter. In the past twenty or thirty years, however, public administration scholars (such as Pressman and Wildavsky and, in the South African context, Brynard and de Coning) have devoted more attention to unravelling the complexities of policy implementation. The current study intends to apply these more theoretical approaches to an analysis of the implementation of the 1997 White Paper for Social Welfare with particular respect to children in conflict with the law, focusing specifically on the One Stop Child Justice Centre in Mangaung, Bloemfontein. Welfare Service in South Africa before 1994 had a racial bias with services mostly unavailable to the majority of the citizens of the country. The 1997 White Paper for Social Welfare, based on a developmental approach to social welfare, was designed to take the country in a new and inclusive direction. In line with South Africa&rsquo / s 1996 ratification of the UN Convention on the Rights of the Child, as well as other international instruments, Section 4 of Chapter 8 of the White Paper focuses on crime prevention through development and restorative justice, and recommends diversion wherever possible in the case of juveniles. With respect to Juvenile justice, this section of the White Paper makes provision for the establishment of One Stop Child Justice Centres, where a variety of services, from Social Development, the Department of Justice, the South African Police Services, Correctional Services, and the NPA, would be available to clients under one roof. All of these role players, it was envisaged, would operate as a multi-disciplinary team to achieve the objectives of the White Paper with respect to developmental and restorative forms of justice. The Centre at Mangaung is one of only a few centres to have been established as yet in South Africa. Although focusing in particular on the implementation of the 1997 White Paper, the study is also informed by other policy and legislative measures with respect to juvenile justice, in particular the Child Justice Bill of 2002 (now the Child Justice Act of 2008) and the Probation Services Amendment Act of 2002. It is generally accepted by the Government and its critics alike that the policy scene in South Africa in the period since 1994 has been characterized by good policies but poor execution. This is, however, a relatively untested hypothesis and needs further investigation. In the light of this, it is anticipated, that the present study will make a contribution to the literature on policy implementation in South Africa, as well as providing useful insights and&nbsp / sessons that can inform general government policy in this regard, and policy with respect to juvenile justice in particular. Within the general context of the 1997 White Paper for Social Welfare and the Department of Social Development&rsquo / s Integrated Service Delivery Model, and the specific context of the Mangaung One Stop Child Justice Centre, the overall purpose of the study is to scrutinize the apparent discontinuity between policy design on the one hand and policy implementation on the other. More specifically, though, the objectives of the study are: (i) to examine the content of the 1997 White Paper for Social Welfare in general and more specifically the section on children in conflict with the law, (ii) to provide a historical overview of the delivery of services to youth in conflict with the law prior to the first democratic elections (1994) in South Africa, (iii) to examine what the concept of &lsquo / integrated service delivery&rsquo / means to the different role-players at the One Stop Child Justice Centre, (iv) to examine the existing resources (human, financial and other) for successful implementation of the policy, (v) to examine whether there are procedures in place to encourage co-operation among stakeholders at the One Stop Child Justice Centre, (vi) to examine the successes, challenges and opportunities presented by the implementation of this policy at the One Stop Child Justice Centre and, (vii) to identify gaps between policy and implementation and make recommendations towards more successful implementation. Detailed semi-structured interviews were conducted with the Centre Manager and senior representatives of all the services involved (Social Development, the SAPS, Magistrates, the Probation Service, and Prosecutors). The interview questions focus mainly on implementation issues and challenges, but also gather information on the knowledge of the interviewees on the content of the policy. In addition, in order to validate and compare the data collected from these respondents, semi-structured interviews were held with six parents/guardians of children in conflict with the law who had been serviced by the centre. Official documents of the centre, such as annual reports, were also consulted for purposes of triangulation. Detailed transcripts will be made of all the interviews. In analysing the data, use was made in particular of the 5C Protocol advocated by Brynard and De Coning (2006) in their study of policy implementation in South Africa. The five C&rsquo / s include the Content of the policy, the Context in which the policy is implemented, Commitment from those implementing the policy, the role of Clients and Coalitions, and the Capacity of those tasked with implementing the policy. In addition other C&rsquo / s which have an impact on policy implementation (such as communication, co-ordination, and change management) will also be considered. Confidentiality of data gathered and anonymity of respondents were ensured by not requiring any personal details from the survey instruments. The sole purpose of using the data gathered for research was communicated to the respondents on the front page of the survey instruments. The choice of also not answering questions raised was respected.</p>

The main aim of the study was an examination of the dynamics of family systems on the lives of youth awaiting trial at the Excelsior Place of Safety that functions as a secure care programme. Secure care is a new concept in South Africa and serves as an alternative to the imprisonment of children awaiting trial. The study identifies the family as central in adolescent development and assumes that there are particular dynamics within family systems that may impact on the lives of youth resulting in deviancy and criminality. The study was based on the philosophy of secure care, Erikson's theory of Adolescent Development, Attachment theory, the Ecosystems and Ecological Strengths-Based Approaches. Twenty-five youth awaiting trial were interviewed at Excelsior. The study found that children who offend come from impoverished communities where the household income is less than the Poverty Datum Line (PDL.) High-risk youth come from women-headed households that lack male role models and have little or no source of income. In these instances where the family cannot provide for the youth's needs that the youth is prone to criminality to satisfy them. The study recommended strengthened intervention strategies to be utilised by all service providers in working with youth at risk and their families. It also recommends the strengthening of the secure care programme to address the needs of awaiting trial youth and to divert youth from the prison environment. The study further suggested that secure care centres that have trained personnel in adolescent development, should undertake more community outreach to also target children and youth in communities. / Thesis (M.Dev.Studies)-University of Natal, Durban, 2003.

Gestalt play therapy court assessment / Child victim / Sexual crime / Legal professionals / Assessment guideline / Intermediary / Text in Afrikaans / As a source of information the court needs to be convinced of the witness's credibility and the ability to recall and communicate the truth regarding the Incident. Mostly the court uses the expertise of an expert witness to assist it in making a decision regarding the way in which a child needs to testify in court. Experts in this field are challenged to align the legal requirements with those of their field of expertise. In this research the Gestalt therapeutic approach is used to design an assessment guideline to assist experts to assess the ability of child victims of sexual crimes to testify in court. The Gestalt therapeutic approach focuses on the present (here and now) and has the ability to obtain access to the information present in the child's life. In the proposed assessment guideline certain Gestalt play therapy methods are recommended to assist the expert to assessing the child victim of a sexual crime. / Play therapy / M.Diac. (Play therapy)

La miséricorde ne se commande pas, Elle tombe comme la douce pluie du ciel ». Cette citation de Shakespeare sert encore dans les années 1950 de devise au Tribunal pour enfants de Boston. À la fonction traditionnellement répressive du droit, elle tend à substituer une fonction idéologique sous l’expression de l’amour. Le modèle américain de la juvenile court, saturé d’idéaux de compassion et de réhabilitation, connaît un succès mondial depuis la création à Chicago, en 1899, du premier tribunal pour enfants. Que cachent le progressisme des juvenile courts et le « néohumanisme judiciaire » vanté par le juge Jean Chazal après l’ordonnance de 1945, qui constitue le véritable acte de naissance des tribunaux pour enfants en France ? Que signifie le succès très rapide des tribunaux pour enfants aux États-Unis, en Europe et dans le monde ? La comparaison de deux pays occidentaux, reliés entre eux, aide à répondre à ces questions, venant combler un vide historiographique et permettant de mieux comprendre le système de la justice des mineurs et le phénomène de la délinquance juvénile. La période qui suit la Seconde Guerre mondiale est particulièrement propice à l’analyse, puisque se posent alors de manière aiguë des questions sur l’autorité et l’éducation dans un contexte de paniques internationales autour de la délinquance juvénile. Cette étude s’inscrit dans un champ interdisciplinaire innovant, au croisement de l’histoire de la jeunesse et de l’histoire de la justice et du contrôle. Tout à la fois qualitative et quantitative, elle s’appuie sur des archives inédites, comme les dossiers des tribunaux pour enfants de Boston et de la Seine, à Paris. / The quality of mercy is not strain'd, It droppeth as the gentle rain from heaven.” This Shakespeare quote was still used in the 1950s as the motto of the Boston Juvenile Court. It tended to replace the traditional repressive function of the law by an ideological function expressed by love. The American juvenile court model, highly imbued with the ideal of compassion and rehabilitation, had had a worldwide success since 1899, when the first juvenile court was created in Chicago. What lies behind the progressivism of the juvenile courts and the “judicial neohumanism” praised by Judge Jean Chazal after the 1945 law which heralded the veritable birth of juvenile courts in France? What signification can we give to the very rapid success of juvenile courts in the United States, Europe and throughout the world?The comparison between two interconnected Western countries can help answer these questions, while filling a historiographical gap, in order to better understand the juvenile justice system and the phenomenon of juvenile delinquency. The post-WW2 period is most pertinent for analysis, as acute questions concerning authority and education were being raised amid international delinquency panics. The study takes place in an innovative and interdisciplinary field, where youth history intersects with the history of justice and control. It is qualitative and quantitative, and is based on new archival material, such as the case files of the Boston Juvenile Court and the Seine Juvenile Court in Paris.

Submitted by Juliana Kobata Chinen (juju.kobata@gmail.com) on 2017-05-16T02:36:17Z No. of bitstreams: 1 Dissertação JR FGV Juliana Kobata Chinen VERSÃO FINAL.pdf: 2899755 bytes, checksum: 73646015085ed7727c62ca18f43eeb00 (MD5) / Approved for entry into archive by Suzinei Teles Garcia Garcia (suzinei.garcia@fgv.br) on 2017-05-16T12:41:01Z (GMT) No. of bitstreams: 1 Dissertação JR FGV Juliana Kobata Chinen VERSÃO FINAL.pdf: 2899755 bytes, checksum: 73646015085ed7727c62ca18f43eeb00 (MD5) / Made available in DSpace on 2017-05-16T13:31:22Z (GMT). No. of bitstreams: 1 Dissertação JR FGV Juliana Kobata Chinen VERSÃO FINAL.pdf: 2899755 bytes, checksum: 73646015085ed7727c62ca18f43eeb00 (MD5) Previous issue date: 2017-04-20 / Restorative justice proposes a consensual administration of conflicts emphasizing the victim's harm, the responsibility of the perpetrator, and the needs of those involved in the conflict. The model is based on dialogue, respect and empowerment of the parties directly and indirectly involved. The present research aimed to reflect on the facilitators and complicating factors of the adoption of restorative justice by the traditional court system, focusing on the experience developed in the Child and Youth Court of Campinas since 2007. Besides the introduction and a chapter dedicated to methodological notes, the research was structured in three more chapters, starting with theoretical assumptions about restorative justice and its rapprochement towards juvenile justice in the Brazilian context. Next, the empirical field observed in the Campinas justice system was presented, addressing the history of the program implementation, its structure and its operation, and quantitative and qualitative data of the last two years. Priority was given to a qualitative approach to the case study, with interviews regarding the actors involved in the project, follow-up visits (pre-circles and restorative circles) and collection of statistical data on the restorative processes in Campinas. Finally, it was promoted discussions articulating the theory of restorative justice with the results of the immersions in the field, exploring the merits and critical factors of a program developed in the justice system, highlighting the following themes: (a) institutional visibility and structure; (b) the discourses and roles of institutional actors; (c) the symbolism of authority; (d) accountability and responses to the conflict; (e) selection of cases, increased social control and access to justice; and (f) the alternative or complementary role of restorative justice in regards to the justice system. The results of the study were in compliance with previous researches in the sense that, despite its transformative potential, the model has encountered several difficulties to be effectively developed, acting more as a reinforcement to the existing justice system than as a real alternative, considering a broader purpose of criminal policy. It was concluded that, while restorative justice plays an important role in qualifying a response to conflict, it should not be limited in its performance, at the risk of losing its critical power to oppose the current system. / A justiça restaurativa propõe a administração consensual de conflitos enfatizando o dano sofrido pela vítima, a responsabilização pelo autor dos fatos e as necessidades dos envolvidos. O modelo pauta-se no diálogo, respeito e empoderamento das partes direta e indiretamente envolvidas na relação conflituosa. A presente pesquisa buscou refletir sobre os fatores facilitadores e os complicadores na adoção da justiça restaurativa pelo Poder Judiciário, com foco na experiência desenvolvida na Vara da Infância e Juventude de Campinas, desde 2007. Além da introdução e de um capítulo dedicado a notas metodológicas, o trabalho foi estruturado em mais três capítulos, iniciando-se com pressupostos teóricos sobre a justiça restaurativa e a sua aproximação com a justiça juvenil no contexto brasileiro. Em seguida, apresentou-se o campo empírico observado no sistema de justiça de Campinas, abordando-se o histórico de implantação do programa, a sua estrutura e o seu modo de funcionamento atuais, além de dados quantitativos e qualitativos dos últimos dois anos. Priorizou-se uma abordagem qualitativa do estudo de caso, com a realização de entrevistas com os atores institucionais, o acompanhamento de atendimentos (pré-círculos e círculos restaurativos) e a coleta de dados estatísticos sobre os processos restaurativos em Campinas. Por fim, buscou-se promover discussões articulando a teoria da justiça restaurativa com os resultados das imersões no campo, explorando-se os méritos e os pontos críticos de um programa alocado no Judiciário, a partir dos seguintes temas: (a) a visibilidade e a estrutura institucionais; (b) os discursos e os papéis dos atores institucionais; (c) a carga simbólica da autoridade; (d) a responsabilização e respostas ao conflito; (e) a seleção de casos, o aumento do controle social e o acesso à justiça; e (f) a justiça restaurativa como alternativa ou reforço ao sistema de justiça. Os resultados do trabalho vão ao encontro de pesquisas anteriores, no sentido de que, apesar do seu potencial transformador, o modelo tem encontrado diversas dificuldades para ser efetivamente desenvolvido, atuando mais como um reforço ao sistema de justiça vigente do que como uma real alternativa, considerando-se uma finalidade mais ampla de política criminal. Concluiu-se que, embora a justiça restaurativa cumpra um papel importante no sentido de qualificar uma resposta ao conflito, não deve ter a sua atuação limitada, sob o risco de perder sua força crítica de se contrapor ao sistema corrente.