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

Although youth crime and young offenders have attracted a significant amount of ongoing research attention and have given rise to a voluminous amount of literature devoted to describing and explaining their existence and providing suggestions for what may be done, much less attention has been paid to the youth court itself and, more specifically, the convictions of young persons over time. Using the Youth Court Survey as a source of longitudinal data, the present study describes the youth court convictions of a birth cohort of Canadian offenders from the time they officially enter the system at age 12 up to their 18th birthdays. The criminal career paradigm is used in the present study to guide the detailed and structured analysis of the key features of these conviction histories by partitioning convictions into four central parameters: prevalence of convictions, individual frequencies, age at first conviction, and patterns of transition (i.e. specialization and versatility). Findings revealed that approximately 23,000 males and 6,000 females—12 percent and 3 percent of the 1979/80 birth cohort, respectively—were convicted of at least one offence in youth court. While the patterns of convictions were found to be similar for both males and females, the prevalence among females rose relatively faster at younger ages and peaked earlier. Findings also indicated that the vast majority of young people who were convicted in a Canadian youth court had a conviction history consisting of only one conviction. However, findings also highlighted the extent to which the phenomenon of a concentration of offending, which has been noted in numerous countries, is present in Canada with a small group of chronic offenders being responsible for a disproportionate amount of court activity. The study also found that the younger an individual was at the time of their first conviction, the more likely they were to accumulate future convictions, and also to receive a conviction for a violent offence. Lastly, findings revealed that the youth court career is characterized by neither complete specialization nor complete versatility, but rather that these two tendencies in offending exist side by side. Overall, the current study provides a more complete picture of the conviction history of this cohort of young offenders than one-time snapshots from individual surveys could allow.

Although youth crime and young offenders have attracted a significant amount of ongoing research attention and have given rise to a voluminous amount of literature devoted to describing and explaining their existence and providing suggestions for what may be done, much less attention has been paid to the youth court itself and, more specifically, the convictions of young persons over time. Using the Youth Court Survey as a source of longitudinal data, the present study describes the youth court convictions of a birth cohort of Canadian offenders from the time they officially enter the system at age 12 up to their 18th birthdays. The criminal career paradigm is used in the present study to guide the detailed and structured analysis of the key features of these conviction histories by partitioning convictions into four central parameters: prevalence of convictions, individual frequencies, age at first conviction, and patterns of transition (i.e. specialization and versatility). Findings revealed that approximately 23,000 males and 6,000 females—12 percent and 3 percent of the 1979/80 birth cohort, respectively—were convicted of at least one offence in youth court. While the patterns of convictions were found to be similar for both males and females, the prevalence among females rose relatively faster at younger ages and peaked earlier. Findings also indicated that the vast majority of young people who were convicted in a Canadian youth court had a conviction history consisting of only one conviction. However, findings also highlighted the extent to which the phenomenon of a concentration of offending, which has been noted in numerous countries, is present in Canada with a small group of chronic offenders being responsible for a disproportionate amount of court activity. The study also found that the younger an individual was at the time of their first conviction, the more likely they were to accumulate future convictions, and also to receive a conviction for a violent offence. Lastly, findings revealed that the youth court career is characterized by neither complete specialization nor complete versatility, but rather that these two tendencies in offending exist side by side. Overall, the current study provides a more complete picture of the conviction history of this cohort of young offenders than one-time snapshots from individual surveys could allow.

The purpose of this report is to focus on the school-to-prison pipeline and the need to intervene with school discipline that pushes students out of the classroom and into the criminal justice system. It showcases services and programs in Austin, Texas, including Southwest Keys, Webb Youth Court, and Council on At-Risk Youth as examples for solutions. The report also incorporates research and expert advice on the safety and wellbeing of students while advocating a need to change the policies and culture surrounding schools. / text

Submitted by Marlene Aparecida de Souza Cardozo (mcardozo@pucsp.br) on 2016-11-08T12:29:11Z No. of bitstreams: 1 Fernanda Moraes Andrade Gimenes.pdf: 4153945 bytes, checksum: 9c4ba483cdd7fda970ec647bc5d29d36 (MD5) / Made available in DSpace on 2016-11-08T12:29:12Z (GMT). No. of bitstreams: 1 Fernanda Moraes Andrade Gimenes.pdf: 4153945 bytes, checksum: 9c4ba483cdd7fda970ec647bc5d29d36 (MD5) Previous issue date: 2016-11-04 / Conselho Nacional de Desenvolvimento Científico e Tecnológico / This is a descriptive, qualitative reserch based on a psychoanalytical approach concentrating on documentary and bibliographic study. It aims to identify and reflect on the most recurrent emerging unconscious motivations during the psychological evaluation process of applicants for adoption in 2014, in a Court of Childhood and Youth of a District of the State of São Paulo that made it impossible, at least temporarily, the adoptive process and resulted in: 1) Routing for psychotherapy or to an adoption support group prior to reevaluation; 2) Psychological unfavorable opinion; 3) Process suspension tip; 4) Withdrawal; 5) Decline/ refusal of the adoption by the applicant at the time of presentation of the child to be adopted; 6) Child back durind living stage or after the legalization of adoption. Aimed at building bases to support greater accuracy in the evaluation standards, listening to the judicial psychologists through the recognition of unconscious motivations representing predictors or risk factors to avoid unsuccessful adoptions. Therefore, this study was conducted in three stages: 1) Documentary examination of the file and psychological advice; 2) Bibliographic study; 3) Reflection on the findings, relating them to literature. It was used the psychoanalytic method and contente analysis according to Bardin (1977), for the treatment of qualitative data. The results showed, in a general way, the relevance of defense mechanisms as infeasibiliting adoption factors in 2014, among which mainly adoption as reative formation, the idealizacion of adoption and of the child and the projection aspects of the applicants on the child. The bereavement not prepared, especially those related to the child genetic heritage, as well as other sons deathes, also stood out. It was made clear, how much an adoption, not rarely, shows to be a solution to problems related to infertility and how a child demand, many times, means not more than a will, been far from an unconcios desire. The data show the relevance of need for some candidates to adoption to submit to previous psycological interventions / Trata-se de uma pesquisa descritiva, de caráter qualitativo, alicerçada em uma abordagem psicanalítica e centrada em estudo documental e bibliográfico, com o objetivo de identificar e refletir sobre as mais recorrentes motivações inconscientes emergentes ao longo do processo de avaliação psicológica de pretendentes à adoção no ano de 2014 na Vara de Infância e Juventude de uma Comarca do Estado de São Paulo que inviabilizaram, ao menos temporariamente, o processo adotivo e resultaram em: 1) Encaminhamento para psicoterapia ou grupo de apoio à adoção antecedentes à uma reavaliação; 2) Parecer psicológico desfavorável; 3) Sugestão de suspensão do processo; 4) Desistência; 5) Declínio/recusa da adoção pelo requerente na ocasião da apresentação da criança a ser adotada; 6) Devolução da criança durante estágio de convivência ou após a legalização da adoção. Visa construir bases para subsidiar maior acuidade nos parâmetros avaliativos, na escuta dos psicólogos judiciários, mediante o reconhecimento de motivações inconscientes que representem preditores ou fatores de risco de adoções malogradas a serem evitadas. Para tanto, este trabalho foi desenvolvido em três etapas: 1) Análise documental dos autos e pareceres psicológicos; 2) Estudo bibliográfico; 3) Reflexão sobre os achados, relacionando-os à literatura. Utilizou-se o método psicanalítico e a análise de conteúdo, segundo Bardin (1977), para o tratamento qualitativo dos dados. Os resultados apontaram, no cômpito geral, para a predominância dos mecanismos de defesa como fatores inviabilizadores da adoção em 2014, dentre os quais, principalmente, a adoção como formação reativa, a idealização da adoção e da criança e a projeção de aspectos denegridos dos requerentes na criança. Os lutos não elaborados, especialmente, os concernentes ao do filho do patrimônio genético e ao de filhos falecidos também sobressaíram. Explicitou-se o quanto a adoção, não raro, transparece como solução aos problemas relativos à infertilidade e como a demanda de criança, por vezes, representa tão somente um querer, distanciado do desejo inconsciente. Os dados sinalizaram a relevância de alguns candidatos à adoção submeterem-se a intervenções psicológicas prévias

The objectives of this thesis were to observe how the Canadian youth justice system has dealt with the regulation of the transfer of young offenders to the adult court and how the Canadian statutes have regulated the imposition of adult offences for young offenders. For this, I drew a distinction between two levels of observation: first, I observed the process of "creation of statutes" by the political system. Second, I observed the process of "understanding and interpretation of statutes" by the judicial system. The notion of "political system" includes the legislation enacted by Parliament, parliamentary debates, and reports published by the Government of Canada. The notion of "judicial system" includes the decisions of the Montreal Youth Court. For the first level of observation ("creation of statutes"), I observed and analyzed the work of the political system for the period 1842 to 2012. Starting in 1857, many statutes regulated different aspects of the criminal law system as it applied to young people. The first statute to deal with youth offenders comprehensively and different from adult offenders was the Juvenile Delinquents Act (1908); this statute was replaced by the Young Offenders Act (1982). The current statute is the Youth Criminal Justice Act (2002). With regard to the Juvenile Delinquents Act (1908) and the Young Offenders Act (1982), I observed how the political system regulated the mechanism of transferring a young person to the adult court. This mechanism allowed the youth court to decide a question of jurisdiction: whether the young person would be processed and sentenced within the youth justice system, or whether the young person would be sent to the adult court for him to be dealt with and sentenced therein. With regard to the Youth Criminal Justice Act (2002), I observed how the political system has regulated the imposition of adult sentences by the youth court. This statute replaced the mechanism of transfer under the two previous statutes by the imposition of adult sentences within the youth justice system. For the second level of observation ("the understanding and interpretation of statutes"), I observed how the Montreal Youth Court had understood and interpreted the statutory provision that allowed the youth court to transfer a young person to the adult court for the young person to be dealt with and sentenced therein. My period of observation is from 1911 to 1995. I argue that both the political and the judicial systems have been strongly influenced by the theories of deterrence, denunciation, retribution, and rehabilitation. The influence that each theory has exercised on each system varies. The political system, originally focused on the rehabilitation of young people, has been slowly “contaminated” by the most punitive theories, such as deterrence and denunciation. This shift started in the 70’s and slowly increased over the years. Conversely, while the judicial system does not seem to have been originally influenced by the theories of rehabilitation, its focus has slowly shifted towards this objective as the primary goal of their intervention towards young offenders since the 70’s. However, the “successful rehabilitation” of a young person has become a goal in itself, where “unsuccessful offenders” have been transferred to the adult court and dealt with the adult punitive justice system.

The objectives of this thesis were to observe how the Canadian youth justice system has dealt with the regulation of the transfer of young offenders to the adult court and how the Canadian statutes have regulated the imposition of adult offences for young offenders. For this, I drew a distinction between two levels of observation: first, I observed the process of "creation of statutes" by the political system. Second, I observed the process of "understanding and interpretation of statutes" by the judicial system. The notion of "political system" includes the legislation enacted by Parliament, parliamentary debates, and reports published by the Government of Canada. The notion of "judicial system" includes the decisions of the Montreal Youth Court. For the first level of observation ("creation of statutes"), I observed and analyzed the work of the political system for the period 1842 to 2012. Starting in 1857, many statutes regulated different aspects of the criminal law system as it applied to young people. The first statute to deal with youth offenders comprehensively and different from adult offenders was the Juvenile Delinquents Act (1908); this statute was replaced by the Young Offenders Act (1982). The current statute is the Youth Criminal Justice Act (2002). With regard to the Juvenile Delinquents Act (1908) and the Young Offenders Act (1982), I observed how the political system regulated the mechanism of transferring a young person to the adult court. This mechanism allowed the youth court to decide a question of jurisdiction: whether the young person would be processed and sentenced within the youth justice system, or whether the young person would be sent to the adult court for him to be dealt with and sentenced therein. With regard to the Youth Criminal Justice Act (2002), I observed how the political system has regulated the imposition of adult sentences by the youth court. This statute replaced the mechanism of transfer under the two previous statutes by the imposition of adult sentences within the youth justice system. For the second level of observation ("the understanding and interpretation of statutes"), I observed how the Montreal Youth Court had understood and interpreted the statutory provision that allowed the youth court to transfer a young person to the adult court for the young person to be dealt with and sentenced therein. My period of observation is from 1911 to 1995. I argue that both the political and the judicial systems have been strongly influenced by the theories of deterrence, denunciation, retribution, and rehabilitation. The influence that each theory has exercised on each system varies. The political system, originally focused on the rehabilitation of young people, has been slowly “contaminated” by the most punitive theories, such as deterrence and denunciation. This shift started in the 70’s and slowly increased over the years. Conversely, while the judicial system does not seem to have been originally influenced by the theories of rehabilitation, its focus has slowly shifted towards this objective as the primary goal of their intervention towards young offenders since the 70’s. However, the “successful rehabilitation” of a young person has become a goal in itself, where “unsuccessful offenders” have been transferred to the adult court and dealt with the adult punitive justice system.

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.