Essa dissertação trata da relação entre o saber pedagógico e o governo dos adolescen-tes infratores. A partir da filosofia de Michel Foucault se investigará em um conjunto de arti-gos acadêmicos e opinativos- e de documentos governamentais quais são as novas práticas e concepções pedagógicas que surgiram na última década. Sabe-se que nos últimos anos o sis-tema de justiça juvenil brasileiro tem passado por grandes transformações, tanto no plano prá-tico quanto no teórico. O objetivo do trabalho é saber o que se passou durante esse período de reforma da instituição de responsabilização juvenil e se esse processo tornou o atendimento aos adolescentes infratores mais eficaz do ponto de vista da gestão da criminalidade juvenil. Inicialmente expõem-se alguns debates teóricos importantes para a justiça especial dispostas no Estatuto da Criança e do Adolescente. Trata-se então, da relação entre direito e poder a partir da análise dos argumentos expostos no debate acerca da redução da maioridade penal. Apresentam-se na sequência as diversas forças que habitam as instituições socioeducativas. Em seguida, vê-se como as práticas jurídicas e processuais tendem a limitar a ação governa-mental, proscrevendo-lhe regras de não intervenção. Por fim expor-se-á as práticas de atendi-mento, ressaltando terapêuticas e as práticas limitativas. Conclui-se que é o modelo de justiça penal mínima que melhor desenvolveu as aspirações educativas do ECA. Que, apesar de ter alcançado bons resultados, esse modelo concorre com muitas das forças reminiscentes do mo-delo anterior. / This essay studies the relationship between education knowledge and the juvenile justice sys-tem in Brazil. Based on the work of Michael Foucault, a selection of articles, government papers and academic publications is investigated in order to acknowledge the education prac-tices and techniques that arouse in the last decade. Brazilian juvenile justice system went through major transformations in recent years, both in the theoretical and practical fields. The goal of this research is to recognize the key transformations that took place in this period and learn if the process did or did not improve government\'s assistance towards young offenders. It starts with some theoretical debates relevant for the juvenile justice system, followed by the analysis of the relationship between law and power contained in the arguments exposed in the reduction of criminal age\'s debate. Numerous forces dwelling the country\'s juvenile justice institutions are presented. The following part analysis how legal and procedural practices tend to limit government interference, prescribing it rules of non intervention. It\'s understood that the criminal justice model of minimal intervention is the one that better developed ECA\'s ed-ucational aspirations. Despite achieving satisfactory results, this model still competes with many reminiscent forces of it\'s predecessor model.

Orientador: Ana Gabriela Mendes Braga / Resumo: Esta pesquisa busca compreender em que situações conflituosas envolvendo travestis o sistema de justiça criminal interveio, de que forma essas intervenções ocorreram e como tudo isso foi representado na “ponta final” do processo penal. Para isso, analiso 100 acórdãos criminais do Tribunal de Justiça de São Paulo, coletados a partir da palavra-chave “travesti”. Por meio da análise de discurso - atento, portanto, ao poder da linguagem -, busquei compreender em que momentos a travestilidade é evidenciada ou silenciada, e de que formas estereótipos e expectativas sociais influenciam as decisões jurídicas e o funcionamento do sistema de justiça criminal paulista. Considerando a vulnerabilidade em que vive grande parte das travestis, a distribuição desigual de violência, as estratégias estatais de controle dos crimes e a seletividade de classe, raça e gênero inerente ao poder punitivo em nossa sociedade, concluo que o Tribunal de Justiça de São Paulo reproduz a imagem de travestis como pessoas necessariamente desviantes e criminosas, culminando em um processo de criminalização que deslegitima suas narrativas sobre os conflitos e legitima práticas bastante questionáveis do sistema de justiça. Sua humanidade somente é reconhecida depois da morte – para punir com prisão seus agressores. A ambivalência dos discursos sobre travestis e as profundas desigualdades que marcam o processo penal concretizam as expectativas sociais e servem como fundamentação jurídica para a criminalização das ... (Resumo completo, clicar acesso eletrônico abaixo) / Abstract: This research seeks to understand in which conflicts involving transvestites the criminal justice system intervened, how these interventions occurred and how all this was represented in the “final point” of the criminal process. For that, I analyzed 100 criminal decisions of São Paulo’s Supreme Court, collected through the key-word “transvestite”. Using discourse analysis – therefore watchful of the power of language –, I tried to understand which moments travestility is evidenced or silenced, how stereotypes and social expectations influence juridical decisions and the criminal justice system’s functioning. Considering the vulnerability under which most transvestites live, the unequal distribution of violence, the State’s strategies to control crimes and the class, race and gender selectivity inherent to the punitive power in our society, I concluded that São Paulo’s Supreme Court reproduce the image of transvestites as necessarily deviant and criminal people, culminating in a criminalization process that delegitimizes their narratives about the conflicts and legitimize profoundly questionable practices of the criminal justice system. Their humanity is only recognized after death. The ambivalence of discourses surrounding transvestites and the deeply rooted inequities that constitutes the criminal process materialize the social expectations and serve as legal validation for the criminalization of transvestites, consolidating a process known in critical criminology as self-fu... (Complete abstract click electronic access below) / Mestre

At the end of the nineteenth century, individuals identified as child savers pioneered an unprecedented movement to save America’s children from physical and moral harm. The establishment of the juvenile justice system came as a result of the actions of the child savers. Researchers have focused extensively on many aspects of the juvenile justice system including studies on the effectiveness of the system to tracking the changes the system has undergone since its establishment. Numerous other studies examined opinions of the juvenile justice system. However, the research has focused solely on the general public, juvenile probation officers and juvenile correctional staff. The current study examined the actual participants within the juvenile justice system - the juvenile offenders - to gauge their perceptions of the system that was created to protect and turn them into law-abiding individuals. A survey was conducted with juvenile offenders housed within two conservative, Midwestern juvenile correctional facilities. The juveniles believed that rehabilitation should be an integral goal of the juvenile justice system and they endorsed community-based interventions as a means to change behavior. The results indicate that the juvenile offenders are in tune with the general public as seeing the juvenile justice system as a child saving institution rather than as a punitive endeavor.

This study explored the perceptions and lived experiences of 10 transgender and gender nonconforming individuals who had interacted with the various sectors of the criminal justice system (i.e., law enforcement, the prison system, and the court system). The focus of this phenomenological qualitative study was providing insight into how sexual orientation and gender identity influenced transgender and gender nonconforming individuals' experiences and perceptions of the criminal justice system. Procedural justice theory guided this study by providing an understanding of how the behavior of the actors in the criminal justice system shaped the cooperation or resistance of transgender and gender nonconforming individuals. During semistructured telephonic interviews, participants were asked open-ended questions about their feelings, experiences, and perceptions regarding the various sectors of the criminal justice system (i.e., law enforcement, the prison system, and the court system). Using Moustakas's modified Stevick-Colaizzi-Keen approach, 3 themes were identified: (a) interactions with the criminal justice system, (b) thoughts about the criminal justice system, and (c) experiences with the criminal justice system. Findings indicated that the criminal justice system is not adequately prepared to accommodate or appropriately deal with transgender and gender nonconforming individuals and their unique needs. Implications for social change include the development of transgender-affirmative training programs and education for the criminal justice system and its personnel.

Many social workers are unaware of their responsibilities related to African American, male, juvenile delinquents who have gang affiliation. Punishment by detention is detrimental to these youth because detention perpetuates criminal careers and does not rehabilitate juvenile offenders. The purpose of this action research study was to determine how social workers understood their role in the rehabilitation of gang-affiliated, African American, male juvenile delinquents. Differential association theory was used as the conceptual framework to understand the detriment of youth being incarcerated without rehabilitation. One focus group of 5 social workers was formed using purposive sampling of social workers who worked with the juvenile delinquent population in different settings. Manual transcription, hand coding, and thematic analysis were used to analyze the data. Participants explained why social workers see the population of African American, male, juvenile delinquents with gang involvement as vulnerable, reasons for gang affiliation, barriers to treatment, and how to engage this population. Findings include strategies to promote positivity within urban environments, foster a sense community in these areas, and engage clients. Recommendations were made to advocate for policy change, incorporate the arts into intervention, and to create urban beautification programs. Findings and recommendations from this study might bring about social change by providing insight into how social workers understand their role in the rehabilitation of the population of African American, male, juvenile delinquents with gang involvement and what can be done to enhance the social work involvement.

The primary purpose of this study was to examine differences in the attributions teachers make toward students in the child welfare and juvenile justice systems. The study utilized vignettes and asked teachers to attribute the responsibility for declines in behavior and academic performance to one of five sources (the student, the parents, the teacher, the court system, or the student's friends). The study further asked teachers to identify the extent to which the changes were due to the student's internal traits and external factors, the likelihood of changes in behavior and academic performance with and without intervention, the teachers' beliefs about their ability to impact change, the amount of time the teachers reported being willing to spend with the students outside of class, and the likelihood of the student pursuing post-secondary education. Teachers were also asked to identify to whom they would first refer the student in the vignette for outside assistance due to declines in behavior and academic performance and then provide all referrals they would make. A total of 224 certified 6th -12th grade teachers in the state of Iowa completed the vignette survey between January 2014 and April 2014. Results indicated that teachers made different attributions toward students on the basis of their involvement in either the child welfare or juvenile justice system. Specifically, teachers attributed the reason for behavioral and academic declines to different sources for students in the child welfare system, the juvenile justice system, and the control condition. Teachers were more likely to attribute academic and behavioral declines to internal factors for students in the juvenile justice system and external factors for students in the child welfare system. Teachers reported students in the juvenile justice system as least likely to change without intervention. The majority of teachers across the three conditions indicated their first referral would be to mental health services within the school. Teachers did not differ in the total number of referrals made, the amount of time until making the referral, the amount of time they would be willing to spend with the student outside of class time in order to impact change, their feelings of efficacy to impact change, and the likelihood of the student obtaining post-secondary education. Finally, limitations of the study are presented, suggestions for future research are discussed, and the implications of this study for teachers and school psychologists are discussed.

This dissertation focused on the topic of youth violence in two very different populations, young workers and youth offenders. Youth violence at the home, in school and in the community has been well documented in the literature but very little is known about the prevalence of and risk factors for victimization at the workplace in young workers. In chapter two, a retrospective cohort study was conducted using National Crime Victimization Survey data from 2008–2012. We calculated a rate of workplace violence victimization and compared those rates between occupations and demographic characteristics in young workers 16–24 years. Multilevel, weighted Poisson regression models were used to compare rates of workplace victimization across occupations and demographic characteristics. The rate of workplace violence victimization was 1.11 (95% CI: 0.95–1.27) incidents per 1,000 employed person-months. Young workers in retail sales occupations had a higher rate of workplace victimization than workers in health care occupations (RR = 0.52, 95% CI: 0.26–1.03) but a lower rate of workplace victimization than workers in protective service occupations (RR = 2.25, 95% CI: 1.34–3.77). Rates of workplace violence victimization differed significantly by age, income and workplace location. In contrast, the prevalence of and risk factors for juvenile offender are well-known. However, there still exist major gaps in determining the effectiveness of tertiary interventions, justice-based processes (i.e. formal appearance in court vs. informal agreement or meeting with court officer) and placement (e.g. detention centers, foster care, mental health institutions). In chapters three and four, the effectiveness of justice-based processes and placement on recidivism in young offenders 12–16.5 years were evaluated using data received from the Iowa Criminal and Juvenile Justice Planning Agency (CJJP) from 2010–2013. Multivariable logistic regression was used to impute risk level scores, to calculate propensity scores and to measure associations between demographic or complaint characteristics and main exposures. A sensitivity analysis was conducted by comparing the associations between process type and recidivism in a sample matched on propensity scores to the original unmatched sample. Cox Proportional Hazards models were used to compare time to recidivism by process type or placement in matched and unmatched samples. In chapter three, out of 2,901 youth offenders, 41% recidivated over an 18-month period. Eighteen percent were formally processed while 82% received an informal agreement. Youth who received an informal agreement had a lower risk of reoffending at any time compared to youth who were formally processed in both the unmatched (HR = 0.93, 95% CI: 0.76–1.13) and matched sample (HR= 0.86, 95% CI: 0.65–1.14). These estimates were not statistically significant. We observed an offense-specific association between processing and recidivism. Property (HR = 0.74; 95% CI: 0.57–0.96) offenders who received an informal agreement were significantly less likely to recidivate compared to property offenders who were formally processed. In chapter four, out of 1,469 youth offenders, 36% recidivated over an 18-month period. Nine percent received placement while 91% did not. Youth who received placement had up to an 87% higher risk of reoffending at any time compared to youth who did not receive placement in both unmatched (HR = 1.52, 95% CI: 1.11–2.08) and matched (HR= 1.87, 95% CI: 1.23–2.84) samples. We observed a charge-specific association between receiving placement and recidivism. Youth charged with a simple misdemeanor (HR = 2.74; 95% CI: 1.63–4.60) or other charges (HR = 6.60, 95% CI: 1.56–28.00) and received placement were significantly more likely to recidivate compared to those who did not receive placement. These findings contribute to the youth violence literature in the following ways. Chapter two identified the occupations and target populations in need of policies and evidence-based interventions aimed at improving the working conditions for young workers. Chapter three and four supports the continual evaluation of the juvenile justice system to determine the best practices that may reduce violence and recidivism in young offenders.

Early in 2001 the federal government launched the First Nations Governance Initiative (FNGI), the centre piece of which was a bill to amend the Indian Act. This thesis utilizes the events and discussions that surrounded the preparation of the bill as a case study of contemporary Canadian Aboriginal politics and international debates on Indigenous rights. The approach taken is inspired by postcolonial studies and discourse analysis. The goal is to explain the current "dialogue of the deaf" between the federal government and First Nations leadership in terms of "discursive" divergences. The debates around the FNGI can be classified into two conflicting discourses. The first advanced by the Department of Indian Affairs, with a neo-liberal type of discourse, the discourse of good governance which emphasizes bureaucratic values of efficiency, transparency, and accountability. The second, advanced by a group of Aboriginal leaders and activists, is a discourse of self-determination, centred around inherent rights and the unconditional affirmation of Aboriginal sovereignty. The thesis provides an analysis that contributes to the understanding of current blockages in governance and policy reforms involving the federal and the Aboriginal governments.

Increasingly individuals are coming into contact with the criminal justice system. For millions of Americans this contact is mediated by the victimization or offense of a loved one. This study focused on exploring what the family members of victims and offenders identify as their needs and concerns in relation to the criminal justice system, assessing if the system is effective in addressing these needs and concerns, and understanding how these families' lives are shaped by interaction with the system. Grounded theory method was used to analyze the narratives posted on two on-line message boards, one for victims' families and one for offenders' families. The results from this study suggest that both groups express the same frustrations and concerns about the criminal justice system, and that both groups develop similar coping strategies to assist them in negotiating the system after initial incarceration or victimization.

Early in 2001 the federal government launched the First Nations Governance Initiative (FNGI), the centre piece of which was a bill to amend the Indian Act. This thesis utilizes the events and discussions that surrounded the preparation of the bill as a case study of contemporary Canadian Aboriginal politics and international debates on Indigenous rights. The approach taken is inspired by postcolonial studies and discourse analysis. The goal is to explain the current "dialogue of the deaf" between the federal government and First Nations leadership in terms of "discursive" divergences. The debates around the FNGI can be classified into two conflicting discourses. The first advanced by the Department of Indian Affairs, with a neo-liberal type of discourse, the discourse of good governance which emphasizes bureaucratic values of efficiency, transparency, and accountability. The second, advanced by a group of Aboriginal leaders and activists, is a discourse of self-determination, centred around inherent rights and the unconditional affirmation of Aboriginal sovereignty. The thesis provides an analysis that contributes to the understanding of current blockages in governance and policy reforms involving the federal and the Aboriginal governments.