No description available.

The purpose of this project was to determine whether certain personal, socioeconomic, and court-related factors are significantly related to the differential placement of delinquent and dependent children from the detention facility at the Donald E. Long Home. A stratified random sample was composed of 173 placements of children who were held in detention after a preliminary hearing. The review of literature revealed that little systematic. Information is known regarding the placement process as it is related to differential placement of children from a detention facility. A code sheet was developed for recording the information in the children’s records maintained by the court. Fourteen variables were ultimately selected for analysis of their relationship to differential placement. These variables were subjected to three statistical approaches; a descriptive analysis of the random sample, testing of the significance of each variable to the alternatives in placement by either Chi square or analyses of variance, and testing of several variables in combination by discriminant function. This study was limited by the fact that only demographic variables were tested. Although three individual variables were found to have a high degree of significance in relation to placement, the data as produced within the scope of this research project does not provide an effective placement profile. The need for additional research in the area of the differential placement process is clearly indicated. Suggestions are made for future research.

The purpose of this study was to investigate the association between family type and criminal behavior of juveniles in Tennessee who were referred to Juvenile Court in 2006. The population used in the study comprised the juveniles who were referred to the Tennessee Juvenile Courts as reported by the Tennessee Council of Juvenile and Family Court Judges in 2006. This investigation focused on the criminal behavior as indicated by number and type of referrals to the Juvenile and Family Court system in Tennessee. The data were analyzed by family-of-origin type, age group, and geographic region in Tennessee. The findings of this study indicate there was a difference in criminal behavior of children referred to the Juvenile and Family Court system in Tennessee in 2006 according to family-of-origin type with referrals. For the family-of-origin types with referrals to the juvenile courts (TCJFCJ), 20,734 (26.2%) of the referrals came from married couples, 5,899 (7.5%) of the referrals came from fathers only, 33,802 (42.8%) of the referrals came from mothers only, and 18,620 (23.6%) of the referrals came from other family-of-origin type. For all family-of-origin types in Tennessee (TN 2006) with referrals to the juvenile court system, 20,734 ( 4.4%) of the married couples had referrals , 5,899 (11.3%) of the fathers only had referrals, 33,802 (17.8%) of the mothers only had referrals, and 18,620 (3.2%) of the other family-of-origin type had referrals. The findings also show that as children approach the age of 18, there is a dramatic increase in illegal conduct and a less dramatic increase in status offenses. The number of referrals for offenses against persons and offenses against property tend to have a constant increase as children approach age 19. The results also show that in East Tennessee, status offenses had the highest number of offenses and offenses against persons had the lowest number of offenses. In West Tennessee, offenses against persons had highest number of referrals and status offenses had the lowest number of referrals.

No abstract available. / Thesis (LL.M.)-University of Natal, Durban,2001.

Text in Afrikaans / This study is about the provision of a prototype court preparation programme for the primary school child that had been sexually assaulted. The programme is developed from a Gestalt approach. Literature regarding several existing court preparation programmes was studied and compared in order to identify certain themes for the child's preparation. Knowledge regarding the court, procedures and the functions of the various role players was conveyed to the child with emphasis on the child's role as witness. The research strategy utilised in the study was that of the intervention research and specifically the D&D-model that comprises six phases. The study incorporates the first three phases plus the first step of the fourth phase. Semi-structured interviews and focus groups were utilised to establish which themes could be addressed to support the child towards being a credible witness. These themes are summarised in the court preparation programme and are addressed from the Gestalt approach. / Social Work / M.Diac. (Spelterapie)

In this project the various International Instruments, namely the United Nations Convention of the Rights of the Child; 1989, the Beijing Rules and the African Charter, relating to the guidelines of the establishment of a minimum age for criminal capacity are furnished. The developments regarding the issue of criminal capacity since 1998 in Australia, the United Kingdom and Hong Kong are highlighted. The historical position and the current position in South African law with regard to the issue of criminal capacity are discussed as well as the implementation thereof by our courts. The statistics on children under 14 years in prison over the past five years are furnished. The introduction of the Child Justice Bill, 2002 by Parliament and the deliberations following the introduction, focusing on the issue of criminal capacity is highlighted. The proposed provisions of the Child Justice Bill, 49 of 2002 codifying the present common law presumptions and the raising of the minimum age for criminal capacity are furnished. The evaluation of criminal capacity and the important factors to be assessed are discussed as provided for in the Child Justice Bill, 49 of 2002. A practical illustration of a case where the criminal capacity of a child offender was considered by the court is, discussed and other important developmental factors that should also be taken into consideration by the court are identified and discussed. Important issues relating to criminal capacity, namely, time and number of assessments, testimonial competency of the child offender, evolving capacities and age determination are discussed and possible problems identified and some solutions offered. The research included an 11-question questionnaire to various professionals working in field of child justice regarding the issue of criminal capacity and the evaluation thereof. / Criminal and Procedural law / D.Litt. et Phil. (Criminology)

Thesis (MPA)--Stellenbosch University, 2000. / ENGLISH ABSTRACT: The focus in this research report is the violation of the constitutional rights of a young person in conflict with the law in the Cape Town Magisterial District. This violation is caused by the lack of collaboration between the different role players. The situation can be rectified with a policy intervention which will ensure multi-disciplinary collaboration between the role players. The researcher proves that stipulations in section 28 of the Constitution, Act 108 of 1996, are violated because the different role players in the juvenile justice system of Cape Town magisterial district work in a fragmented manner and do not operate as a unit. The young person in conflict with law is harmed in this process. The situation can be rectified through a policy intervention. The policy intervention entails a uniform administrative procedure, the drafting and implementation of a working agreement between the role players, establishing a communication network, combined and integrated training and a multi-disciplinary committee that evaluates and monitors these aspects. / AFRIKAANSE OPSOMMING: Die fokus van hierdie navorsingverslag is die skending van die grondwetlike regte van die jong persoon in botsing met die gereg binne die Kaapstad se landdrosdistrik. Die skendings is vanweë die gebrek aan samewerking tussen die verskillende rolspelers. Die situasie kan deur middel van 'n beleidintervensie reggestel word ten einde multi-dissiplinêre samewerking tussen die rolspelers te verseker. Die navorser bewys dat bepalings in artikel 28 van die Grondwet, Wet 108 van 1996, geskend word omdat die verskillende rolspelers in die jeugregstel van Kaapstad se landdrosdistrik gefragmenteerd werk en nie as 'n eenheid funksioneer nie. Die jong persoon in botsing met die gereg word benadeel in die proses. Die situasie kan deur middel van 'n beleidsintervensie reggestel word. Die beleidsintervensie behels dat daar 'n eenvormige administratiewe proses gevolg word, 'n samewerkingsooreenkoms tussen die rolspelers opgestel word, 'n kommunikasienetwerk gevestig word, gesamentlike en geïntegreerde opleiding plaasvind en dat 'n multi-dissiplinêre komitee die gemelde aspekte evalueer en moniteer.

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2017-10-18T12:04:18Z No. of bitstreams: 1 Fernanda Caldas de Azevedo.pdf: 2025107 bytes, checksum: dbf1f69bdaa4229e25c62adbf9f3ffa0 (MD5) / Made available in DSpace on 2017-10-18T12:04:18Z (GMT). No. of bitstreams: 1 Fernanda Caldas de Azevedo.pdf: 2025107 bytes, checksum: dbf1f69bdaa4229e25c62adbf9f3ffa0 (MD5) Previous issue date: 2017-09-22 / Conselho Nacional de Pesquisa e Desenvolvimento Científico e Tecnológico - CNPq / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES / This doctoral thesis analyses the job conditions of the social workers in the Special Children and Juvenile Courts of Law in the State of São Paulo. The goal of the present thesis is to prove that the workload intensification process has become one of the most decisive and crucial element to be tackled by the social workers class if they want to work fewer hours. Consequently, time and working activities are presented as vital aspects to be examined carefully when dealing with the inherent financial characteristics of the capital used in the productive and service sectors as well as in the restructuring of the public policies and working classes conditions. Within this context, the professional activity in the Court of Law was understood as the job performed itself and the social worker as the employee who performs a paid job and suffers the consequences of the economic conditions and working tendencies of all over the world. The relationship between the Law and the Legal System were objects of this study because they have a strong influence on the performance of the social workers’ daily activities due to the frequent law requisitions resulted from infringement acts which are treated at the Special Children and Juvenile Court of Law every single day. All the data collected for this paper were analysed in terms of their quality and quantity worth. Based on a semi-structured guide, ten social workers from the Court staff were interviewed face to face and asked to answer a written survey. Among the research findings, it was realised that the employees have been working under pressure due to the huge intensification of their workload and harmful working conditions, worsened by the organisational structure, rhythm and pace of the Court of Law, which reaffirm that the private sector entanglements are influencing the state public sector. Furthermore, it was also discovered that new social workers are not being hired because of the workload intensification of the current employees due to the reduction in the number of social workers who leave the job either from removal or retirement. Therefore resilience strategies are being held individually and collectively as well as internally and externally as an effective way to avoid the workload intensification of the social workers. However, it is still a challenge to be faced. In conclusion, this study shows that it is essential for the ones involved in this process to discover innovative legal means to prevent the social workers to be overloaded by work and give them useful tools to fight against capitalist exploitation / Essa tese analisa as condições de trabalho das Assistentes Sociais no Fórum das Varas Especiais da Infância e Juventude do Tribunal de Justiça do Estado de São Paulo, com o objetivo de apreender o seu processo de intensificação nesse espaço sócio-ocupacional, conferindo centralidade à categoria tempo de trabalho como um elemento determinante da luta histórica da classe trabalhadora pela redução da jornada de trabalho. Por isso, tempo e trabalho se apresentaram como dimensões relevantes a serem analisadas, notadamente na atual etapa de financeirização do capital que se refrata no setor produtivo, nos serviços, na reconfiguração das políticas públicas e nas condições de trabalho. Nesse âmbito, o exercício profissional no Tribunal de Justiça foi apreendido como trabalho e o/a assistente social como trabalhador/a assalariado/a, sofrendo as injunções das tendências gerais do mundo do trabalho. As relações entre Direito e Sistema de Justiça foram objeto de tematização por atravessarem e condicionarem o trabalho desenvolvido pelas assistentes sociais, por meio das interfaces com as requisições decorrentes do ato infracional a partir do fluxo de atendimento no Fórum das Varas Especiais da Infância e Juventude. A metodologia da pesquisa, de natureza qualitativa e quantitativa, envolveu a aplicação de questionários e entrevistas, com base em roteiro semiestruturado, com dez Assistentes Sociais que compõem a equipe técnica. Entre os achados da pesquisa constatou-se forte presença da intensificação do trabalho, percebida pela maioria das trabalhadoras por meio das precárias condições de trabalho e também pela própria estrutura do Judiciário em seus ritmos, velocidade e carga de trabalho, que reafirmam os ditames privados adentrando o espaço público-estatal. Identificou-se também a ampliação da jornada de trabalho, ainda mais estimulada pela redução do número de assistentes sociais na equipe técnica do Serviço Social em função do processo de remoção e de aposentadoria, que não têm levado a novas contratações. Estratégias de resistência - individuais e coletivas, internas e externas - são mobilizadas, mas resta o desafio de avançar com novas propostas contra a intensificação do trabalho, por meio de dispositivos no contrato de trabalho que possam vincular previamente o grau de intensidade do trabalho a ser realizado, a depender do fortalecimento das lutas coletivas do trabalho contra o capital

Text in Afrikaans / This study is about the provision of a prototype court preparation programme for the primary school child that had been sexually assaulted. The programme is developed from a Gestalt approach. Literature regarding several existing court preparation programmes was studied and compared in order to identify certain themes for the child's preparation. Knowledge regarding the court, procedures and the functions of the various role players was conveyed to the child with emphasis on the child's role as witness. The research strategy utilised in the study was that of the intervention research and specifically the D&D-model that comprises six phases. The study incorporates the first three phases plus the first step of the fourth phase. Semi-structured interviews and focus groups were utilised to establish which themes could be addressed to support the child towards being a credible witness. These themes are summarised in the court preparation programme and are addressed from the Gestalt approach. / Social Work / M.Diac. (Spelterapie)

In this project the various International Instruments, namely the United Nations Convention of the Rights of the Child; 1989, the Beijing Rules and the African Charter, relating to the guidelines of the establishment of a minimum age for criminal capacity are furnished. The developments regarding the issue of criminal capacity since 1998 in Australia, the United Kingdom and Hong Kong are highlighted. The historical position and the current position in South African law with regard to the issue of criminal capacity are discussed as well as the implementation thereof by our courts. The statistics on children under 14 years in prison over the past five years are furnished. The introduction of the Child Justice Bill, 2002 by Parliament and the deliberations following the introduction, focusing on the issue of criminal capacity is highlighted. The proposed provisions of the Child Justice Bill, 49 of 2002 codifying the present common law presumptions and the raising of the minimum age for criminal capacity are furnished. The evaluation of criminal capacity and the important factors to be assessed are discussed as provided for in the Child Justice Bill, 49 of 2002. A practical illustration of a case where the criminal capacity of a child offender was considered by the court is, discussed and other important developmental factors that should also be taken into consideration by the court are identified and discussed. Important issues relating to criminal capacity, namely, time and number of assessments, testimonial competency of the child offender, evolving capacities and age determination are discussed and possible problems identified and some solutions offered. The research included an 11-question questionnaire to various professionals working in field of child justice regarding the issue of criminal capacity and the evaluation thereof. / Criminal and Procedural law / D.Litt. et Phil. (Criminology)