This study used thematic analysis to investigate how youth court professionals, namely Youth Court Judges, Youth Probation Officers, and Youth Police Officers, make decisions to incarcerate young females for administrative offences. Sixteen professionals from Lower Vancouver Island shared their experiences through one-on-one interviews, which were then thematically analysed. This method of analysis shed light on four major themes across the professional groups: i) The Youth Criminal Justice Act (2002); ii) Decision-making; iii) The decline in crime; and iv) Services for adjudicated youth. Findings were discussed in relation to the literature and the resources currently available in the community. / Graduate / 0627 / 0398 / 0452 / tamorim@uvic.ca

The prospect of a justification defence in cases of direct sex discrimination is universally criticised by academic commentators on the ground that it would subvert the goal of equality that underlies sex discrimination and equal treatment legislation. At the outset the thesis examines the differences between the sexes, how these differences can be used to explain the distinction between direct and indirect sex discrimination and considers various concepts of equality. Building on various elements of the existing justification defences for indirect sex discrimination and disability discrimination, this thesis constructs a model justification defence. The impact on equality of such a defence is assessed by reference to the main existing legislative exceptions for direct sex discrimination and various judicial exceptions that have been created, in the main, by the European Court of Justice. Further, the thesis considers whether the blanket prohibition against the use of sex stereotypes is warranted and the extent to which they might be permitted under the model defence. The conclusions reached are that criticism of the potential defence is overstated. Rather than undermining the goal of sex equality, such a defence could in fact enhance the degree of legal protection as long as the criteria of the defence are stringently drawn. Indeed, in relation to some areas of direct sex discrimination, for example pregnancy and maternity, the introduction of such a defence could enhance the degree of equality. Moreover, the introduction of such a defence could introduce a greater degree of openness and clarity into this complex area of law.

No description available.

Thèse--Universit́e de Lyon. / Includes bibliographical references (p. [245]-247).

No description available.

In many social orders of the world the broken family core is an unfortunate and common reality, leading to an ever growing presence of homeless children, mothers, or fathers. South Africa is not a stranger to this phenomenon, despite the fact that it is viewed as a country with one of the most progressive constitutions regarding gender equality. Daily shocking statistics show a lack of family values, guidance, and respect for the human race, further emphasising a society where people and families feel no restraint in harming a child, woman or man. The South African society as a whole is losing touch with itself and government is not realizing the impact of their conveyed message of disregard, when “for every 400 rapes reported last year - 17 became official cases, 1 perpetrator was convicted and for every perpetrator convicted, 1 case docket was lost or sold.” (Internet: Access 13 February) This type of social degradation affects us all when the offenders and victims become the next string in our complicated lattice of a social fabric. If one is to see the family dynamic and children as a whole as being bound to us through the familial concept of Ubuntu, creating the link between social and family factors affecting the population as a whole, then we are all responsible in the struggle against the all too typical cycle. / Dissertation (MArch(Prof))--University of Pretoria, 2008. / Architecture / unrestricted

Magister Legum - LLM / South Africa

The focus of this investigation is the relationship of the United States Supreme Court's functional performance to its environment. Three functions of courts are noted in the literature: conflict resolution, social control and administration. These functions are operationalized for the United States Supreme Court. Hypotheses are developed relative to the general performance of these three functions by all courts. Box-Jenkins time series analysis is then used to test these hypotheses in relation to the performance of the United States Supreme Court. The primary analysis rests upon a data set that includes all non-unanimous decisions of the Supreme Court from 1916 to 1986. A supplemental analysis is conducted using all formal decisions for the 1953 to 1986 period. The results suggest that intellectual resources, legal resources, modernization, and court discretion are significant influences on the functional performance of the United States Supreme Court. Future research must consider these influences in the development of a general theory of courts.

Book Summary: This book reviews how new and promising evidence-based interventions are being used with those involved in the criminal justice system. While there has been an increased emphasis on evidence-based practice within forensic treatment, there remains a disjoint between what we know works and adapting these interventions to those involved in the criminal justice system. This book seeks to bridge that gap by providing an overview of what we know works and how that information has been translated into offender treatment. In addition, it highlights avenues where additional research is needed.

Throughout the course of history this world has seen the most heinous of crimes committed by individuals against other human beings. However, it was not until recently that countries of the world were able to join together and establish a permanent legal institution capable of trying these individuals at an international level. In 1998, with the creation of the Rome Statute the international community was able to accomplish what it had failed to do over the previous fifty years, create an International Criminal Court. In examining the background behind this event the question that is raised by this study is, what variables allowed for the successful establishment of an international criminal court in the 1990s that had been missing from previous attempts? To attain a complete answer to this question, this study will take two necessary courses of action. First, a comparison will be drawn between the successful creation of the ICC in the Post-Cold War period and the unsuccessful attempt to establish an ICC after World War II. Second, this research project will carry out a comparative analysis considering three different variables and the role they played in each case. The three different variables that will be analyzed are the international power structure, the influence of NGOs, and the spillover effect of international tribunals. By conducting an analysis in this manner, this study will attempt to determine which variables played the crucial roles in the creation of the ICC.