The aim of this diploma thesis is to introduce and compare the rules and regulations of criminal responsibility and ways of punishing of youth offenders in the Czech Republic and in England and Wales. The thesis is divided into three parts. The first part deals with rules and regulations in the Czech Republic, the second part deals with rules and regulations in England and Wales, and the third part compares the rules and regulations in both jurisdictions mentioned. The third part also includes de lege ferenda considerations about the possible usage of findings from the English jurisdiction in the Czech legal system. The first part of this thesis systematically describes relevant provisions of Act No. 218/2003 Sb., the Juvenile Justice Act (ZSVM). This act is partly based on a welfare model, when it accents protection of a youth against outer risk factors, and it is partly based on a justice model, when it imposes an obligation on a youth to take responsibility for his/her unlawful actions. Besides, it acknowledges the principles of restorative justice - it stresses the obligation of a youth to redress the harm he/she has caused, to satisfy the needs of his/her victim and to reintegrate back into society. ZSVM differentiates between three types of sanctions - educational, protective and criminal. The minimal...

The Protection of Children Involved in Prostitution (PCHIP) Act, which was passed in Alberta in 1999 and subject to immediate constitutional challenge, demonstrates the relationships between the fields of politics and law, and between youth criminal justice and child welfare legislation. The Act allowed authorities to apprehend and detain a youth engaged, or at risk of becoming engaged in prostitution for five to forty-seven days in a protective safe house. Though the PCHIP Act was passed as child welfare legislation, the punitive nature of the detainment led some to argue that the PCHIP Act was actually youth criminal justice legislation. This blurry boundary between child welfare and youth justice has negative consequences for particular groups of youth. In this case, Aboriginal female youth are disproportionately detained at protective safe houses. This research applies concepts from Pierre Bourdieu and other theorists to critically analyze the PCHIP Act as a case study. By drawing on various types of data, including the PCHIP Act, legislative debates, court transcripts, newspaper articles, government reports, and academic literature, two areas of inquiry are addressed. The first issue is the relationships and boundaries between the fields of politics and law, and between child welfare and youth criminal justice legislation. Secondly, this thesis attempts to explain why Aboriginal females are disproportionately confined by the PCHIP Act. This research concludes that the fields of politics and law constantly interact with each other, and the boundaries between child welfare and youth criminal justice are vulnerable to the outcomes of these conflict-ridden exchanges. These struggles, compounded by historical factors, have negative consequences for female Aboriginal youth in particular.

The Protection of Children Involved in Prostitution (PCHIP) Act, which was passed in Alberta in 1999 and subject to immediate constitutional challenge, demonstrates the relationships between the fields of politics and law, and between youth criminal justice and child welfare legislation. The Act allowed authorities to apprehend and detain a youth engaged, or at risk of becoming engaged in prostitution for five to forty-seven days in a protective safe house. Though the PCHIP Act was passed as child welfare legislation, the punitive nature of the detainment led some to argue that the PCHIP Act was actually youth criminal justice legislation. This blurry boundary between child welfare and youth justice has negative consequences for particular groups of youth. In this case, Aboriginal female youth are disproportionately detained at protective safe houses. This research applies concepts from Pierre Bourdieu and other theorists to critically analyze the PCHIP Act as a case study. By drawing on various types of data, including the PCHIP Act, legislative debates, court transcripts, newspaper articles, government reports, and academic literature, two areas of inquiry are addressed. The first issue is the relationships and boundaries between the fields of politics and law, and between child welfare and youth criminal justice legislation. Secondly, this thesis attempts to explain why Aboriginal females are disproportionately confined by the PCHIP Act. This research concludes that the fields of politics and law constantly interact with each other, and the boundaries between child welfare and youth criminal justice are vulnerable to the outcomes of these conflict-ridden exchanges. These struggles, compounded by historical factors, have negative consequences for female Aboriginal youth in particular.

Thesis (Ph. D.)--University of Oregon, 2002. / Typescript. Includes vita and abstract. Includes bibliographical references (leaves 190-203). Also available for download via the World Wide Web; free to University of Oregon users.

Orientador: Adrián Oscar Dongo-Montoya / Banca: Patrícia Unger Raphael Bataglia / Banca: Carmem Maria Craidy / Resumo: Os objetivos desta pesquisa se concentraram em caracterizar a moralidade e a consciência social dos adolescentes em conflito com a lei através das Medidas Socioeducativas (MSE) em meio aberto de Prestação de Serviços à Comunidade (PSC) e de Liberdade Assistida (LA) e em analisar de que forma, sob o ponto de vista deles, elas contribuíram para o seu desenvolvimento moral e social. Por meio de uma entrevista semiestruturada averiguou-se de que modo eles apreciaram a medida socioeducativa, os serviços e as atividades realizadas, as regras da entidade, a entidade, a relação com os educadores e qual era a compreensão que tinham de si mesmo, do outro e da realidade a sua volta. Viu-se, ainda, de que forma eram estabelecidas as relações de diálogo, de interação social, de respeito, de solidariedade, e a importância que davam a elas e quais eram os seus projetos de vida. Por meio da aplicação de um questionário contendo 16 testes-histórias, baseado na teoria de Lawrence Kohlberg (1927-1987) sobre o desenvolvimento moral, diagnosticou-se também de que forma os adolescentes que cumprem estas duas medidas aderiram aos valores de justiça, respeito, solidariedade e convivência democrática, evidenciando em qual nível de tomada de perspectiva se dava tal adesão: em um nível egocêntrico, sociocêntrico ou verdadeiramente moral. Para um melhor diagnóstico também foram entrevistados os educadores que acompanham e organizam as atividades socioeducativas com os adolescentes. Baseando-se nas conce... (Resumo completo, clicar acesso eletrônico abaixo) / Abstract: The objectives of this research were to characterize the morality and the social conscience of adolescents in conflict with the law through the Socio-educational Measures (Medidas Socioeducativas - MSE) in the open community Service Delivery (Prestação de Serviços à Comunidade - PSC) and Assisted-Liberty (Liberdade Assistida - LA) and analyze which, from their point of view, contributed to their moral and social development. Through a semi-structured interview, they examined how they appreciated the socio-educational measure, the services and activities carried out, the rules of the entity, the entity, the relationship with the educators and what their understanding of themselves was, the and the reality around you. It was also seen how the relations of dialogue, of social interaction, of respect, of solidarity, and the importance they gave to them and their life projects were established. Through the application of a questionnaire containing 16 test-histories, based on Lawrence Kohlberg's theory (1927-1987) on moral development, it was also diagnosed how adolescents who comply with these two measures adhered to the values of justice, respect, solidarity and democratic coexistence, showing at what level of perspective adhesion: on an egocentric, sociocentric or genuinely moral level. For a better diagnosis were also interviewed educators, who accompany and organize socio-educational activities with adolescents. Based on the theoretical conceptions of Jean Piaget (1896-1980) o... (Complete abstract click electronic access below) / Mestre

Orientador: Silvio José Benelli / Banca: Maurício Gonçalves Saliba / Banca: Édio Raniere da Silva / Resumo: A presente intercessão-pesquisa tem como objetivo principal atuar, investigar e problematizar a prática do psicólogo, os saberes e os fazeres no cenário da imbricação entre a Política Nacional de Assistência Social e o Sistema Nacional do Atendimento Socioeducativo (SINASE), tendo como lócus privilegiado o atendimento socioeducativo em meio aberto, executado em um CREAS com atuação específica no acompanhamento de adolescentes em cumprimento de Medidas Socioeducativas de Liberdade Assistida e Prestação de Serviços à Comunidade. Buscamos contribuir na reflexão e na construção de possibilidades de atuação técnica do trabalhador psicólogo, o que fazemos, a princípio, contextualizando o SINASE a partir de sua formação histórico-política, interrogando a sua formação atual e as práticas do trabalho social apresentadas pela literatura acadêmica, bem como discutindo a tecnologia socioeducativa e os modelos que se desdobram dessas práticas. Adotamos a metodologia do Dispositivo Intercessor (DI), como proposto por Abílio da Costa-Rosa, ética de trabalho e pesquisa que busca promover a superação da divisão entre o saber e o fazer, desenvolvendo inicialmente uma intercessão-pesquisa (no contexto institucional de trabalho como psicólogo) e, posteriormente, uma pesquisa intercessão (no contexto acadêmico), que, ao recuperar parte dos saberes produzidos na práxis, permite a produção de conhecimentos que mobilizem novos trabalhadores intercessores. Nossa intercessão foi realizada no Centro de... (Resumo completo, clicar acesso eletrônico abaixo) / Abstract: The present intercession-research aims to act, investigate and problematize the practice of the psychologist, the knowledge and the practice in the intermingling scenario between the Brazillian National Social Work System and the Brazilian Young Offenders Support System (SINASE), having the supervised socioeducation probation services as our privileged theme, performed in a CREAS that specificlly works in the accompanying off young offenders that are subject to the legal punishments of probation and Community Services. We intent contribute to the reflection and construction of possibilities of technical performance in the psychologist work. At first, we do a contextualization of the SINASE and his historical-political formation, questioning its current formation and the practices of social work presented by the academic literature, ant discussing the socio-educational technology and the models that unfold from these practices. We adopted the Dispositivo Intercessor (DI) methodology, as proposed by Abílio da Costa-Rosa, an ethic of work and research that intent to overcome the division between knowledge and doing. We first developed an intercession work (in the institutional context of the psychologist worker) and, subsequently, we did an research intercession (in the academic context), which, by retrieving part of the knowledge produced in the praxis allows the production of academic knowledge that can mobilizes new intercessor workers. Our intercession was made at the Specia... (Complete abstract click electronic access below) / Mestre

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 question of whether or not to release an accused on bail pending case resolution involves an evaluation of the risk the accused poses to the community. In addition to this evaluation, the risk posed to the reputation of the criminal justice system should the accused re-offend while on bail has come to influence the timeliness of the bail decision as well as the conditions of the release order. It appears that questions of institutional risk have intensified strategies of process, whereby the bail decision making process has come to take considerably longer as court actors postpone making the release decision. This organizational culture of risk aversion is evidenced in the growing remand population, the dominance of adjournment requests, the presumption of surety supervision, as well as the imposition of numerous restrictive conditions of release that are questionably related to the grounds for detention and allegations of the offence. Due to the additional protections contained in the Youth Criminal Justice Act (YCJA), the expectation is bail should be more liberally used for youths. However, despite the additional legislated protections, bail practices for both adults and youths are operating in remarkably similar ways. Indeed, it appears that routine bail practices for both adults and youths are inconsistent with the essential principles of the bail process. In Canada there is a presumption in favour of release on bail and a presumption of release on the least restrictive form of release appropriate in the circumstances. Despite these principles there has been a relatively steady increase in the size of the remand population in Canada. Focusing on the situation in Ontario, this dissertation examines the bail process in an effort to understand how the remand population has come to exceed the population of sentenced prisoners in provincial prisons for both adults and youths.

The question of whether or not to release an accused on bail pending case resolution involves an evaluation of the risk the accused poses to the community. In addition to this evaluation, the risk posed to the reputation of the criminal justice system should the accused re-offend while on bail has come to influence the timeliness of the bail decision as well as the conditions of the release order. It appears that questions of institutional risk have intensified strategies of process, whereby the bail decision making process has come to take considerably longer as court actors postpone making the release decision. This organizational culture of risk aversion is evidenced in the growing remand population, the dominance of adjournment requests, the presumption of surety supervision, as well as the imposition of numerous restrictive conditions of release that are questionably related to the grounds for detention and allegations of the offence. Due to the additional protections contained in the Youth Criminal Justice Act (YCJA), the expectation is bail should be more liberally used for youths. However, despite the additional legislated protections, bail practices for both adults and youths are operating in remarkably similar ways. Indeed, it appears that routine bail practices for both adults and youths are inconsistent with the essential principles of the bail process. In Canada there is a presumption in favour of release on bail and a presumption of release on the least restrictive form of release appropriate in the circumstances. Despite these principles there has been a relatively steady increase in the size of the remand population in Canada. Focusing on the situation in Ontario, this dissertation examines the bail process in an effort to understand how the remand population has come to exceed the population of sentenced prisoners in provincial prisons for both adults and youths.

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.