Thesis (M.Soc.Sc.)--University of Hong Kong, 1990. / Also available in print.

L'essor généralisé du contrôle de constitutionnalité invite à s'interroger sur les rapports entre droit constitutionnel et autres branches du droit. Parmi elles, la justice des mineurs occupe désormais une place centrale. L’analyse du contentieux comparé des droits et libertés du mineur délinquant met ainsi en lumière la consécration de principes et d’une philosophie analogues au sein des systèmes français, espagnol et nord-américain. Ces derniers forment la substance d’un cadre constitutionnel commun, composé de principes ‘‘sur mesure’’ et porteur d’une orientation éducative et protectrice. Ils attestent l’existence d’un contrôle de constitutionnalité adapté aux particularismes liés à la condition de minorité. Toutefois, l’efficacité de ce cadre fait désormais l’objet d’une remise en cause. Alors qu’il devait a priori renforcer le contrôle juridictionnel de constitutionnalité des lois relatives à la lutte contre la délinquance juvénile, il apparaît insuffisant à prévenir l’infléchissement législatif des particularismes de la matière. Dans le contexte sécuritaire tendu qui irrigue désormais la plupart des démocraties libérales, l’étau de constitutionnalité subit un relâchement significatif et les principes composant le cadre constitutionnel de la justice des mineurs ne bénéficient pas toujours d’un degré de protection suffisant à assurer l’efficacité de sa philosophie humaniste. La matière se trouve dès lors soumise aux flux et reflux idéologiques du pouvoir politique. Plus largement, l’étude entend illustrer les difficultés rencontrées par les juges chargés de réaliser le contrôle de constitutionnalité lorsqu’il s’agit d’opérer la conciliation entre sécurité et liberté / The general development of the constitutional review calls for an examination of the relationship between constitutional law and other areas of law. Thus, the juvenile justice system, which seeks to prevent and punish the delinquent acts of young people, holds now a central place and highlights the need for renewed thinking in this respect, through the prism of comparative law. The comparative analysis of the juvenile offender’s fundamental rights illustrates the recognition of similar principles and orientation within the French, Spanish and Nord-American legal systems. The latter form a common constitutional framework which is composed of ‘‘tailor-made’’ rights and leads to an educational and a protective direction. It also indicates the existence of a specific constitutional review, adapted to the juvenile’s characteristics. However, the efficiency of this framework is now challenged. Even though it claimed to strenghten constitutional review of juvenile justice legislation, it does not prevent the law on juvenile policy from being less specialized. In the current global security environment, the constitutional review suffers an important loosening. As a consequence, the constitutional framework does not always receive an adequate level of protection, undermining its humanistic philosophy. Juvenile law remains thereby bound by ideological flows of the political authority. More broadly, this highlights the difficulties that constitutional judges are facing when it comes to balance safety needs and freedom. The field of study finally brings out some issues about the complex interrelation between law and policy in an area as sensitive as juvenile justice

No description available.

Many children in conflict with the law are not receiving the relevant education and services to which they are entitled. Convention on the Rights of the Child, proclaim that the convicted child‟s needs of persons of their age, like the right to appropriate education must be addressed as a matter of urgency. In addition, there is a serious lack of properly trained personnel who might be causing more impairment to children in conflict with the law, but who remain in the system. The appointment of relevant and appropriate staff in correctional facilities is definitely required. For instance, many young offenders lacked a decent education, social skills and occupational skills and involvement of parents, peers and the community. If essential programmes become successful, this will not only improve the livelihood of children in conflict with the law, but will also reduce recidivism rates. Qualified teachers and caregivers are required because the children in conflict with the law require specialised programmes like Individual Education Plan (IEP). The IEP is a basic aspect in providing quality special education services to help a particular learner attain his or her maximum learning potential. The aim of this study was to develop socio-ecological framework in understanding and giving support to children in conflict with the law. Bronfenbrenner‟s ecological model was used as a conceptual framework. Qualitative research design and phenomenology as a mode of enquiry were employed in this study. Interpretivism was used a philosophical paradigm. Population was learners, between ages of eleven and seventeen, from three correctional facilities. Purposive sampling was used as a method of sample selection. The findings in this study indicated that the children in conflict with the law resented the teachers showing signs of being judgemental, for failing to acknowledge their efforts and for being unresponsive to their needs. Initial desires to succeed in the classroom were replaced by frustration, anger, hopelessness and disappointment following failure. Many of their acting out behaviours were an expression of this anger and disappointment. / Inclusive Education / D. Ed. (Inclusive Education)

Research indicates that states have implemented juvenile justice reforms to enact harsher punishments, to transfer greater numbers and younger juvenile offenders to adult criminal court, and to restrict discretion of the juvenile court judges. Social science studies have found that harsher punishments, transfers to adult criminal court and other measures do not work, but that comprehensive approaches which address the numerous major factors contributing to juvenile offending have been successful. This study examined the legal status of the juvenile justice system by focusing upon ten diverse sample states and analyzed the social science research on factors contributing to juvenile offending and on prevention, treatment, and rehabilitation approaches. The study was accomplished by legal research, qualitative social science research, and analysis of both. Findings indicated: a) state statutes require and allow adult punishment of juvenile offenders, transfer of juvenile offenders to adult criminal court, and direct filing of charges against juveniles in adult criminal court; most states begin these proceedings at age 14, some have no age minimum; b) social science research indicates numerous factors contribute to juvenile offending with most of the factors categorized into the major factors of early antisocial behavior, deviant peers, parents and family, sociomoral reasoning, biological factors, and violence which interact with each other creating a complicated web; and c) prevention, treatment, and rehabilitation efforts should be comprehensive, multidimensional and multimodal addressing the interacting major factors contributing to juvenile offending and the needs of the juvenile, the family, and the home environment. Implications include the need for legislators to access the social science research to craft legislation and programs which are effective. Suggestions for improvement include collaboration within communities and with knowledgeable and committed social science professionals and educators. Areas suggested for further research include education of the public, the media, and stakeholders; long term follow-up on promising programs; design and improvements in approaches based upon the social science research; meeting the needs of the juvenile, the family, and the home environment; and study of how the factors may differ for disabled juveniles.

published_or_final_version / Criminology / Master / Master of Social Sciences

Many children in conflict with the law are not receiving the relevant education and services to which they are entitled. Convention on the Rights of the Child, proclaim that the convicted child‟s needs of persons of their age, like the right to appropriate education must be addressed as a matter of urgency. In addition, there is a serious lack of properly trained personnel who might be causing more impairment to children in conflict with the law, but who remain in the system. The appointment of relevant and appropriate staff in correctional facilities is definitely required. For instance, many young offenders lacked a decent education, social skills and occupational skills and involvement of parents, peers and the community. If essential programmes become successful, this will not only improve the livelihood of children in conflict with the law, but will also reduce recidivism rates. Qualified teachers and caregivers are required because the children in conflict with the law require specialised programmes like Individual Education Plan (IEP). The IEP is a basic aspect in providing quality special education services to help a particular learner attain his or her maximum learning potential. The aim of this study was to develop socio-ecological framework in understanding and giving support to children in conflict with the law. Bronfenbrenner‟s ecological model was used as a conceptual framework. Qualitative research design and phenomenology as a mode of enquiry were employed in this study. Interpretivism was used a philosophical paradigm. Population was learners, between ages of eleven and seventeen, from three correctional facilities. Purposive sampling was used as a method of sample selection. The findings in this study indicated that the children in conflict with the law resented the teachers showing signs of being judgemental, for failing to acknowledge their efforts and for being unresponsive to their needs. Initial desires to succeed in the classroom were replaced by frustration, anger, hopelessness and disappointment following failure. Many of their acting out behaviours were an expression of this anger and disappointment. / Inclusive Education / D. Ed. (Inclusive Education)

Diary in lieu of thesis (M.P.A. - Public Administration) -- University of Arizona.

The following report examines the contribution my publications have made over the course of a twenty-year career in government departments (in Britain) and academic institutions (in Australia) to advancing scholarly inquiry in the areas of Youth Justice, Young People and Social Welfare, and Criminology. In the section dealing with Youth Justice publications I have given patiicular attention to a dominant and coherent area of study under the heading Families, Crime and Juvenile Justice. The conmmon thematic content of my publications focuses on the ways in which celiain individuals and social groups perceive and experience systems of social control. Additionally, the report highlights a range of allied pUblications that have dealt with the consequences of largely state-sponsored policies and practices in relation to a range of 'subject populations'. It is argued that my contribution to advancing knowledge in the above areas has been achieved in two primary ways: (a) through a range of original pubEcations based on theoretical and empirical studies, and substantial polemical and critical work; (b) through significant engagement in scholarly debate and discussion (including citation of my work in the publications of other academics) and facilitation of reflexive discussion an10ng social welfare practitioners and policy makers. Finally, the report attempts to contextualise my publications through a detailed discussion of the personal and intellectual origins of my work over the past two decades. The latter involves a general review of the sociological, criminological and social welfare literature relating to a prevailing concern with what I have broadly tenned the 'phenomenology of social control'.

Recent research related to the children's hearings system - Scotland's juvenile 'justice system - is limited. This study is an attempt to address this empirical deficiency. It examines the perceptions of members of five participating groups (guidance teachers, social workers, police officers, panel members and reporters) on the structure and practices of the hearings system in three regions of Scotland. The research involved 389 respondents in a questionnaire survey, followed by 45 semi-structured interviews with a selected sub-sample. The study incorporated three research issues. Firstly, the groups' ideological perspectives on juvenile justice and their potential influence on attitudes towards the hearings system, secondly, the groups members' observations on present hearings system operations and thirdly the participants' convictions concerning future practice and structure. The general conclusions drawn from the investigation indicate that support across the five groups exists for the continuation of a welfare based juvenile justice system in Scotland but that differences between groups emerge on the matter of the organisation of that system. Majorities in the police officer, guidance teacher and social worker samples were ideologically opposed to lay decision-makers in juvenile justice and most interviewees from these groups expressed reservations concerning the continuation, in its present form, of the lay panel as the decision making body in the hearings system. Most panel members and reporters in contrast however, and again in accordance with their ideological stances, continued to support the dominant role of lay people in the decision-making process within hearings. The research conclusions further suggest the existence of a process of ideological modification on the part of group members when translating theoretical concepts into practical settings. This process, identified as situated accounts, in some instances permitted participants to acknowledge and work with aspects and practices within the hearings system which contradicted their underlying ideological beliefs.