Race does matter but to what extent? It depends on the vested interests of the governing body. In Brazil, a theory of racial democracy was advanced to accommodate competing interests. In the United States, a theory of racial equality as a supplement to the "self-made man" concept was incorporated to address opposing concerns. This thesis examines the racial formation in Brazil and the United States and how the respective criminal justice systems were formed and are impacted by racial considerations. After a discussion of racial formation in both countries, its relevancy to existing criminal justice institutions is offered. It is submitted that generally, race formation led to criminology that had a reliance on anthropology in Brazil, while it was founded on a sociological perspective in the United States. The Brazilian perspective presupposes a continuum of racial designations contributing to democratic governance which values "whitening" as a unifying factor while the United States perspective presupposes all races are equal within democratic governance which values individual achievement as the unifying factor. These presuppositions have emerged as national myths under the nomenclature of Racial Democracy and Racial Equality or the "self-made man". These myths have also been exposed by social scientists from both an anthropological and sociological perspective. Far from being realized, the pursuit of these myths, or desired cultural norms of "whitening" and individual achievement, continue to influence race relations in both countries. Nevertheless, the implementation of affirmative action policies has emerged to address the shortcomings in each theory. Ironically, what started as two diametrically opposing views of racial designation has integrated somewhat under the significant influence associated with cultural globalization, transparency, democratization and advanced social science methodology.

This Thesis attempts to develop an understanding of the problems that Aboriginal offenders encounter in the Canadian justice system and examines why Euro-Canadian justice philosophy and mechanisms are not appropriate or effective. It is often very difficult for non-Aboriginal persons to understand that there is a difference between being Aboriginal and non-Aboriginal. This difference impacts offenders as they interact with the criminal justice system.<p> The sentencing circle is one process by which the sentencing judge can obtain a clearer picture of the offender and consider sentencing options other than the `usual punishment'. It is an opportunity for the offender to address the consequences of his or her actions and to seek the help of community and family. It is also an opportunity for the victim to be heard and to seek redress.<p> Current sentencing practices and theory are briefly examined as they bear on sentencing circles. Issues which have arisen as a result of the implementation of sentencing circles in Saskatchewan are examined (where possible, within the context of Saskatchewan case law).<p> The use of sentencing circles has raised questions about the current approach to sentencing as contrasted with the restorative approach of the circle. The restorative approach to justice is a recurring theme throughout the Thesis. The different approach of the sentencing circle to the offender and the involvement of the community in the sentencing process have raised questions about incarcerating offenders, about disparity in sentences, about the protection of the public, and about the role of the community, the family and victims in the sentencing and rehabilitative processes. These issues are examined.<p> This Thesis has also attempted to draw some conclusions about the larger issue of where sentencing circles may be leading the justice system and the Canadian public. Is the sentencing circle merely an innovation within the justice system that can provide a more effective sentencing mechanism than the sentencing hearing? Or, is the sentencing circle leading Aboriginal peoples towards their own justice systems?<p> The sentencing circle has forced an examination of current sentencing practices. This, in turn, has opened a window of opportunity to do some serious re-evaluation of the existing sentencing process.

This Thesis attempts to develop an understanding of the problems that Aboriginal offenders encounter in the Canadian justice system and examines why Euro-Canadian justice philosophy and mechanisms are not appropriate or effective. It is often very difficult for non-Aboriginal persons to understand that there is a difference between being Aboriginal and non-Aboriginal. This difference impacts offenders as they interact with the criminal justice system.<p> The sentencing circle is one process by which the sentencing judge can obtain a clearer picture of the offender and consider sentencing options other than the `usual punishment'. It is an opportunity for the offender to address the consequences of his or her actions and to seek the help of community and family. It is also an opportunity for the victim to be heard and to seek redress.<p> Current sentencing practices and theory are briefly examined as they bear on sentencing circles. Issues which have arisen as a result of the implementation of sentencing circles in Saskatchewan are examined (where possible, within the context of Saskatchewan case law).<p> The use of sentencing circles has raised questions about the current approach to sentencing as contrasted with the restorative approach of the circle. The restorative approach to justice is a recurring theme throughout the Thesis. The different approach of the sentencing circle to the offender and the involvement of the community in the sentencing process have raised questions about incarcerating offenders, about disparity in sentences, about the protection of the public, and about the role of the community, the family and victims in the sentencing and rehabilitative processes. These issues are examined.<p> This Thesis has also attempted to draw some conclusions about the larger issue of where sentencing circles may be leading the justice system and the Canadian public. Is the sentencing circle merely an innovation within the justice system that can provide a more effective sentencing mechanism than the sentencing hearing? Or, is the sentencing circle leading Aboriginal peoples towards their own justice systems?<p> The sentencing circle has forced an examination of current sentencing practices. This, in turn, has opened a window of opportunity to do some serious re-evaluation of the existing sentencing process.

This study aims to examine the trajectory of sex offenders through the Lebanese criminal justice system while highlighting various human rights violations. It attempts to fill in the gaps within the literature through building on the existing research and by examining the processes and experiences of arrest, detention, court, prison and release. Recently, numerous scholars have argued that most criminal justice systems are following a popular punitive trend rather than focusing on rehabilitation. This study through its focus on human rights violations, participants attitudes and beliefs as well as issues of rehabilitation and treatment of prisoners firmly places Lebanon within the global trend of popular punitiveness. Seventy-three interviews were carried out with sex offenders, police officers, prison guards, judges and lawyers within Lebanon. These qualitative interviews captured criminal justice professionals and offenders experiences, attitudes and perceptions surrounding sex offending and the criminal justice system. The thematic analysis of the interviews specifically focused on uncovering how sex offenders moved through and were dealt with by the Lebanese criminal justice system. Human rights violations were found to be abundant at the various stages of the criminal justice system. Participants highlighted events such as the excessive use of torture within police stations as well as prisons, the use of forced confessions, and the lack of legal representation. Numerous factors were found to play a role in conceding the copious violations of sex offenders rights occurring at the various stages of the criminal justice system. These factors included corruption, the lack of accountability, police culture, the commonly held belief that offenders are undeserving of human rights, the lack of training, and religion. In investigating the structure and the functioning of the criminal justice system, it became evident that religion played a vital role. Religion dictated professionals positions within the criminal justice system and influenced participants beliefs and attitudes surrounding sex offenders. Because of its influence, religion played a vital role in paving the way for the re-occurrence of human right violations. For example, religion granted the criminalisation of homosexuality and the act of de-virginizing as well as legalising marital rape, all of which result in human rights violations. In order to move Lebanon, and other punitive countries, towards a more rehabilitative criminal justice approach, this study highlights the importance of training, change in legislation, as well as the separation of religion from law.

La problématique soulevée par la délinquance juvénile, loin de se limiter au pré-carré des professionnels du droit, s’est imposée en véritable débat de société. Cet engouement est le fruit de l’évolution de la délinquance des mineurs, qui a tendance à croître, impliquant des auteurs plus jeunes.En réponse à ce phénomène, le législateur a opéré un tournant sécuritaire en 2002, marquant le point de départ du durcissement des dispositions relatives aux mineurs délinquants, notamment celles applicables à ceux âgés de seize à dix-huit ans. Il en découle un rapprochement du droit pénal des mineurs de celui des majeurs, malgré l’affirmation, la même année, par le Conseil constitutionnel d’un principe fondamental reconnu par les lois de la république qui consacre la spécificité du droit pénal des mineurs. Toutefois, il convient de s’interroger sur la portée de ce rapprochement textuel, qui est peu, voire pas mis en œuvre en pratique. Cette question se pose avec d’autant plus d’acuité depuis le changement de politique pénale impulsé en 2012 par le nouveau garde des Sceaux, qui est d’ailleurs à l’initiative d’un projet de réforme de l’ordonnance de 1945, qui entend réaffirmer la primauté de l’éducatif sur le répressif / Juvenile delinquency problem, far from being the sole issue of law professionals, has become a widely debated topic throughout the entire society. Such interest in the issue takes its roots in the delinquency's evolution, broadly on the rise, with ever younger criminals. Given the phenomenon, the lawmaker has moved towards a harsher approach in 2002, and the various laws have been toughening since then, especially those concerning young people aged between 16 and 18 year old. The consequence is that the body of law applicable to young people looks increasingly similar to that one applicable to adults, despite the solemn statement issued by the Constitutional Council the same year. This statement explains that there is a ground principle deduced from the laws of the Republic, recognizing the specificity of juvenile delinquency laws. It is however interesting to reflect on the true scope of this formal closening, which seems to happen to little or no avail. The issue is even more relevant with the changes in the criminal justice approach advocated by the new secretary of Justice since 2012, who is currently initiating a reform on the body of law applicable to young people, aiming at favoring education over repression