Justice System (justice + system)

Distribution by Scientific Domains
Distribution within Law and Criminology

Kinds of Justice System

  • criminal justice system
  • juvenile justice system
  • youth justice system


  • Selected Abstracts


    Elder Self-Neglect and the Justice System: An Essay from an Interdisciplinary Perspective

    JOURNAL OF AMERICAN GERIATRICS SOCIETY, Issue 2008
    Marie-Therese Connolly JD
    Elder self-neglect is a complex issue for the legal system,one not always easily distinguished from other types of elder abuse, neglect, and exploitation. The issue inherently implicates several disciplines, and although self-neglect is not prosecuted per se, prosecutions of other types of elder abuse, neglect, and exploitation may affect self-neglect as well. In addition, other types of legal intervention, such as guardianship actions, may serve to protect vulnerable older people, but it is critical to ensure that such interventions do not inappropriately infringe on the older person's civil liberties or result in exploitation or worse. There are daunting challenges to doing work in this field,death; ageism; medical, legal, and ethical complexities; and a chronic paucity of funding. It is nevertheless imperative that researchers expand their efforts to elucidate the nature and scope of elder self-neglect; its interplay with other forms of abuse, neglect, and exploitation; and the most effective mechanisms for intervention and prevention. Such efforts, and in particular interdisciplinary approaches to these common problems, are critical to improving care for the nation's older people and assisting millions of families and practitioners. [source]


    The Knowledge of Detained Juveniles About the Juvenile Justice System

    JUVENILE AND FAMILY COURT JOURNAL, Issue 3 2005
    THERESA RAJACK-TALLEY
    ABSTRACT This article examines the knowledge and perceptions of detained juveniles about the roles of juvenile justice officials and the nature of the juvenile justice system. Data were collected through interviews in a group setting. The small sample size limited the generalizability of the findings but provided specific information important for future research and policymaking on an under-studied group. The study found that the experiences of the juveniles with the justice system provided only limited understanding of the system's processes and confusion about juvenile justice officials' roles. The juveniles did not have a clear understanding of how each official's role operated within a set of roles that constitutes the system. Further, they did not fully understand the cumulative effect of juvenile processing. [source]


    The Impact of Time on Parent Perspectives on the Barriers to Services and the Service Needs of Youths in the Juvenile Justice System

    JUVENILE AND FAMILY COURT JOURNAL, Issue 2 2003
    GREGORY J. BENNER PH.D.
    ABSTRACT The purposes of this study were: 1) to assess the overall perspectives of parents (N=115) of youths in the juvenile justice system on the barriers to and services needs of youths in the juvenile justice system; and 2) to assess the strength of the relationship between duration of time the youth has been involved in the juvenile justice system and parent perceptions of barriers and service needs. The top service need was case management. Statistically significant moderate negative correlations were found between duration of time in the juvenile justice system and Total Barrier score, and all composite barrier scores (i.e., Mismatch, Red Tape, and Inaccessibility). Statistically significant small negative correlations were found between duration of time in the juvenile justice system and the Total Service Needs score and two composite scores: Substance Abuse Services and Out-of-Home Services. [source]


    Influences on Detention Decisions in the Juvenile Justice System

    JUVENILE AND FAMILY COURT JOURNAL, Issue 1 2002
    BRIAN F. O'NEILL MSW, PH.D.
    ABSTRACT This paper examines the pretrial detention of juveniles in County X located in a northeastern state. The sample (N=642) included Black, White, and Hispanic males and females adjudicated delinquent in the summer of 2000. The following independent variables were analyzed with respect to the dependent variable of pretrial detention: age, sex, address, race, current offense (misdemeanors, violent misdemeanors, felonies, violent felonies, and probation violations), prior offense (misdemeanors, violent misdemeanors, felonies, and violent felonies), and previous dispositions (community or placement). Several variables were found to be significant in increasing the odds of pretrial detention: probation violations, prior misdemeanors, prior residential placements, prior community interventions, age, sex, urban address, felonies, prior violent misdemeanors, and prior violent felonies. It was expected that minority youths would be more likely to be detained, but race was only significant in the absence of the variable of address. Urban youths were more likely to be detained resulting in an over-representation of minorities in detention, since most of the minority population resides in the urban area. Also included is supplemental material based on interviews with defense lawyers, judges, masters, and juvenile probation officers. [source]


    The Physician as Gatekeeper to the Use of Genetic Information in the Criminal Justice System

    THE JOURNAL OF LAW, MEDICINE & ETHICS, Issue 1 2002
    Samuel C. Seiden
    First page of article [source]


    Factors predicting arrest for homeless persons receiving integrated residential treatment for co-occurring disorders

    CRIMINAL BEHAVIOUR AND MENTAL HEALTH, Issue 5 2009
    Blake Barrett
    Background,Homeless individuals are at increased risk for health and criminal justice problems. Aims,The aim of this study was to examine risk factors affecting arrest rates in a cohort of homeless people with co-occurring psychiatric and substance-abuse disorders. Methods,Baseline data were collected from 96 homeless individuals residing in a residential treatment facility for people with co-occurring disorders. Arrest data were obtained for 2 years following treatment intake. Regression analyses were employed to examine interactions between study variables. Results,One third of the sample was arrested during the 2-year follow-up period, principally for drug offences. People referred to treatment directly from the criminal justice system were four times more likely to re-offend than those referred from other sources. Participants' perceived need for mental-health services reduced risk of arrest while their perception of medical needs increased this risk. Conclusions,The relationship between referral from a criminal justice source and re-arrest after admission to the treatment facility is unsurprising, and consistent with previous literature, but the suggestion of an independently increased risk in the presence of perceived physical health-care needs is worthy of further study. The lower risk of arrest for people who perceive that they have psychological needs is encouraging. Copyright © 2009 John Wiley & Sons, Ltd. [source]


    Impact of assertive community treatment and client characteristics on criminal justice outcomes in dual disorder homeless individuals

    CRIMINAL BEHAVIOUR AND MENTAL HEALTH, Issue 4 2005
    Dr Robert J. Calsyn PhD
    Background People with severe mental illness and substance use disorders (dual disorder) often have considerable contact with the criminal justice system. Aims To test the effects of client characteristics on six criminal justice outcomes among homeless (at intake) people with mental illness and substance misuse disorders. Methods The sample was of participants in a randomized controlled trial comparing standard treatment, assertive community treatment (ACT) and integrated treatment (IT). Data were analysed using hierarchical logistic regression. Results Half the sample was arrested and a quarter incarcerated during the two-year follow-up period. The regression models explained between 22% and 35% of the variance of the following criminal justice measures: (1) major offences, (2) minor offences, (3) substance-use-related offences, (4) incarcerations, (5) arrests, and (6) summons. Prior criminal behaviour was the strongest predictor of all of the dependent variables; in general, demographic and diagnostic variables were not. Similarly, neither the type nor the amount of mental health treatment received predicted subsequent criminal behaviour. Conclusion Elsewhere the authors have shown that ACT and IT had advantages for health and stability of accommodation but these analyses suggest that more specialized interventions are needed to reduce criminal behaviour in dual disorder individuals. Copyright © 2005 John Wiley & Sons, Ltd. [source]


    Mental health patients in criminal justice populations: needs, treatment and criminal behaviour

    CRIMINAL BEHAVIOUR AND MENTAL HEALTH, Issue 3 2003
    J. Keene PhD Professor of Primary Care
    Background Government policy requires that health and social care agencies work more closely together and in partnership with the criminal justice system. There is a well-established relationship between crime and mental disorder. Method The Tracking Project provides for the first time in England the means of collating and analysing data on mental disorder (defined as receiving secondary care as patients of a Mental Health Trust) and crime (defined as all those charged with an offence). Data were collected over a three-year period for all individuals who had contact with the criminal justice system and mental health services in an English county. Results In a county population of 800,400, some 30,329 were offenders. More than a third had used a health or social care service during the three-year period; 8.0% were mentally disordered. Those offenders aged 25,64 and who contacted the police more than once were significantly more likely to be mentally disordered. Type of offence was also a relevant variable. The probation service showed broadly similar results. Discussion The research has provided for the first time substantive quantitative evidence of the relationship between crime and mental disorder. The results can be used as the basis for further work to target assessment and risk reduction measures at those most at risk. Copyright © 2003 Whurr Publishers Ltd. [source]


    Developmental aspects of violence and the institutional response

    CRIMINAL BEHAVIOUR AND MENTAL HEALTH, Issue 3 2000
    Stephen BlumenthalArticle first published online: 14 MAR 200
    Introduction The developmental and attachment literature on violence is reviewed. Violence is conceptualized as an attempt to achieve justice. The cycle of violence is explored with reference to the early experience of perpetrators and their treatment by the criminal justice system after they have committed acts of violence. Aetiology The origins of violence are considered in the context of the experience of trauma in childhood and the consequent damage to ,internal working models' of relationships. The perpetration of violence in later life is viewed in the context of identifying with the aggressor, the obliteration of thought processes and the repetition of the earlier childhood trauma. The offence is considered as a symptom, a symbolic communication, by individuals who are unable to symbolize distress on a verbal level. The institutional response The ,violence begets violence' hypothesis is then extended to include the response of society and its institutions as part of the full circle of the repetition compulsion: the childhood victim who later becomes a perpetrator, then again becomes the victim of a cruel and persecuting system. Incarceration is viewed as a ,compromise formation' in that it fulfils the wish both for punishment and for care, albeit in a highly disguised form and allowing for a defensive state of mind to continue. The therapeutic relationship These issues are considered in the context of the therapeutic relationship and the enactment of early trauma in this setting which may provide insight into the psychological processes at work between the offender and society. Conclusions Understanding violence indicates that, whilst some individuals need to be physically checked, a response which focuses on retribution fails to address the problem of violence and colludes with the very pathology of those who engage in such action. Copyright © 2000 Whurr Publishers Ltd. [source]


    ESTIMATING A DOSE-RESPONSE RELATIONSHIP BETWEEN LENGTH OF STAY AND FUTURE RECIDIVISM IN SERIOUS JUVENILE OFFENDERS,

    CRIMINOLOGY, Issue 3 2009
    THOMAS A. LOUGHRAN
    The effect of sanctions on subsequent criminal activity is of central theoretical importance in criminology. A key question for juvenile justice policy is the degree to which serious juvenile offenders respond to sanctions and/or treatment administered by the juvenile court. The policy question germane to this debate is finding the level of confinement within the juvenile justice system that maximizes the public safety and therapeutic benefits of institutional confinement. Unfortunately, research on this issue has been limited with regard to serious juvenile offenders. We use longitudinal data from a large sample of serious juvenile offenders from two large cities to 1) estimate a causal treatment effect of institutional placement, as opposed to probation, on future rate of rearrest and 2) investigate the existence of a marginal effect (i.e., benefit) for longer length of stay once the institutional placement decision had been made. We accomplish the latter by determining a dose-response relationship between the length of stay and future rates of rearrest and self-reported offending. The results suggest that an overall null effect of placement exists on future rates of rearrest or self-reported offending for serious juvenile offenders. We also find that, for the group placed out of the community, it is apparent that little or no marginal benefit exists for longer lengths of stay. Theoretical, empirical, and policy issues are outlined. [source]


    THE TIMING AND MECHANISMS OF THE OFFENDING-DEPRESSION LINK,

    CRIMINOLOGY, Issue 3 2007
    SONJA E. SIENNICK
    Why is juvenile delinquency associated with depression in young adulthood? One possibility is that delinquency interferes with socioeco-nomic attainment and disrupts entry into adult roles, perhaps because of official labeling processes or adolescent socialization into deviance, and these repercussions of delinquency lead to depression. Another possibility is that grown delinquents may show high levels of depression because they tend to offend in adulthood, and adult offenders tend to be depressed. I use data from the National Longitudinal Study of Adolescent Health to examine the timing and mechanisms of the offending-depression relationship. The results suggest that delinquency is negatively associated with later status attainment and that the status attainment deficits of grown delinquents are not fully explained by justice system contacts or by adolescent delinquent peer influence. A portion of the longitudinal delinquency-depression link is explained by the low levels of education of grown delinquents and by their involvement with the justice system. Still, young adult depression is more closely tied to recent offending than it is to juvenile delinquency, official labeling, or the status attainment consequences of delinquency. [source]


    POLICE, MINORITIES, AND THE FRENCH REPUBLICAN IDEAL,

    CRIMINOLOGY, Issue 4 2003
    RENÉE ZAUBERMAN
    This paper examines the strained relationship between French police agencies and ethnic minorities and discusses evidence of ethnic discrimination by the police and the criminal justice system. Until recently, the idea that ethnic composition of a police force ought to reflect, to some degree, the community it polices, seemed odd in France. We argue that there are two main reasons for this viewpoint: first, a conception of the role of the police in the State as accountable to the government rather than to the citizens; secondly, a conception of Republic and citizenship denying any political significance to the personal identities of citizens. We conclude that ethnic diversification of police forces is but one aspect of a more encompassing struggle against discrimination that requires a degree of accommodation with the present legal and statistical invisibility of racial/ethnic groups. [source]


    CULTURALLY-FOCUSED BATTERER COUNSELING FOR AFRICAN-AMERICAN MEN,

    CRIMINOLOGY AND PUBLIC POLICY, Issue 2 2007
    EDWARD W. GONDOLF
    Research Summary: Clinicians and researchers have strongly recommended culturally-focused counseling with African-American men arrested for domestic violence. An experimental clinical trial tested the effectiveness of this approach against conventional cognitive-behavioral counseling in all-African-American groups and in racially-mixed groups (N = 501). No significant difference was found in the reassault rate reported by the men's female partners over a 12-month follow-up period (23% overall). During that period, men in the racially-mixed groups were, moreover, half as likely to be rearrested for domestic violence as the men in the culturally-focused groups. The men's level of racial identification did not significantly affect the outcomes of the counseling options. Policy Implications: Simply adding a culturally-focused counseling group to domestic violence programs does not seem in itself to improve outcomes. In the current study, the culturally-focused counseling was an appendage to an existing agency closely linked to the criminal justice system. Culturally-focused counseling may prove to be more effective within community-based organizations tied to local services and supports. [source]


    THE EFFECT OF COUNTY-LEVEL PRISON POPULATION GROWTH ON CRIME RATES,

    CRIMINOLOGY AND PUBLIC POLICY, Issue 2 2006
    TOMISLAV V. KOVANDZIC
    Research Summary: Prior macro-level studies examining the impact of prison population growth on crime rates have produced widely varying results. Studies using national-level time series data find large impacts of prison growth on crime, whereas those using state panel data find more modest ones. Critics of the former studies maintain that the estimates are implausibly large, arguing that the effects are instead due to analysts' inability to control for potential confounding factors. Conversely, critics of the latter studies argue that they underestimate the total impacts of imprisonment by failing to account for potential free-riding effects. This study uses panel data for 58 Florida counties for 1980 to 2000 to reexamine the link between prison population growth and crime. Unlike previous studies, we find no evidence that increases in prison population growth covary with decreases in crime rates. Policy Implications: Our findings suggest that Florida policymakers carefully weigh the costs and benefits of their continued reliance on mass incarceration against the potential costs and benefits of alternatives. If the costs of mass incarceration do not return appreciable benefits, i.e., a reduction in crime, it is time to reconsider our approach to crime and punishment. Other research offers evidence of crime prevention programs operating inside the criminal justice system and in communities that hold promise for reducing crime; our findings indicate that policymakers carefully consider these options as a way to achieve their goals. [source]


    Prison Theology: A Theology of Liberation, Hope and Justice

    DIALOG, Issue 3 2008
    Sadie Pounder
    Abstract:, In our nation today, the number of prisons and prisoners continue to grow at rates that are out-of-control. One in 100 of our citizens is in jail or prison, the highest ratio in the world. Unlike the poor, homeless, critically ill, and elderly, those in prison are separated from us to the degree they are unseen. Unseen also, is the oppressiveness of the criminal justice system that oversees more than 6.5 million people either in confinement or on probation or parole. Liberation theology, which advocates and works toward freeing people from oppression, includes feminist, black, womanist and Latino/Hispanic movements. This article proposes prison theology as part of the liberation theology family and identifies a prison theology based on liberation, hope and justice. It encourages a prison theology movement led by the church to liberate those under the oppressiveness of the criminal justice system, especially those confined and to energize a passion for justice and compassion for the oppressed throughout the criminal justice system. [source]


    Expected impacts of the Cannabis Infringement Notice scheme in Western Australia on regular users and their involvement in the cannabis market

    DRUG AND ALCOHOL REVIEW, Issue 4 2005
    FRANCOISE CHANTELOUP
    Abstract The effect on the cannabis market is one area of interest in the evaluation of the new ,prohibition with civil penalties' scheme for minor cannabis offences in WA. One goal of the scheme is to reduce the proportion of cannabis consumed that is supplied by large-scale suppliers that may also supply other drugs. As part of the pre-change phase of the evaluation, 100 regular (at least weekly) cannabis users were given a qualitative and quantitative interview covering knowledge and attitudes towards cannabis law, personal cannabis use, market factors, experience with the justice system and impact of legislative change. Some 85% of those who commented identified the changes as having little impact on their cannabis use. Some 89% of the 70 who intended to cultivate cannabis once the CIN scheme was introduced suggested they would grow cannabis within the two non-hydroponic plant-limit eligible for an infringement notice under the new law. Only 15% believed an increase in self-supply would undermine the large scale suppliers of cannabis in the market and allow some cannabis users to distance themselves from its unsavoury aspects. Only 11% said they would enter, or re-enter, the cannabis market as sellers as a result of the scheme introduction. Most respondents who commented believed that the impact of the legislative changes on the cannabis market would be negligible. The extent to which this happens will be addressed in the post-change phase of this research. Part of the challenge in assessing the impact of the CIN scheme on the cannabis market is that it is distinctly heterogeneous. [source]


    ONE CASE,ONE SPECIALIZED JUDGE: WHY COURTS HAVE AN OBLIGATION TO MANAGE ALIENATION AND OTHER HIGH-CONFLICT CASES

    FAMILY COURT REVIEW, Issue 1 2010
    Hon. Donna J. Martinson
    This article challenges the traditional approach to alienation and other high-conflict cases in which many different generalist judges deal with the case. The objectives of the judicial process, dealing with cases in a just, timely, and affordable way that instils confidence in the public and litigants, cannot be met unless high-conflict cases are actively managed by one specialist family law judge. Allowing parents in high-conflict cases to decide when and how often their case should come before the court exacerbates the negative effects of the litigation on children. This article concludes that, unless the litigation is properly managed by specialist judges, the justice system unintentionally causes harm to children. [source]


    THE AMERICAN BAR ASSOCIATION ADDRESSES THE NATIONAL PROBLEM OF YOUTH AT RISK

    FAMILY COURT REVIEW, Issue 3 2007
    Karen J. Mathis
    During the 2006,2007 American Bar Association (ABA) year, a special ABA Presidential Youth at Risk Initiative has addressed several important topics: addressing the needs of juvenile status offenders and their families; foster children aging out of the foster care system; increases in girls, especially girls of color, in the juvenile justice system; the need to better hear the voices of youth in court proceedings affecting them; and improving how laws can better address youth crossing over between juvenile justice and child welfare systems. Lawyers are encouraged to use their skills to improve the systems addressing at-risk youth and their families and to help facilitate coordination of youth-related community efforts. Learning how to effectively communicate with youth is an important skill attorneys must learn. Through the Youth at Risk Initiative, the ABA has held continuing legal education programs, hosted community roundtables among youth-serving stakeholders, and developed projects on: juvenile status offenders; lawyer assistance to youth transitioning from foster care; educating young girls on violence prevention, conflict resolution, and careers in law and justice; and provision of useful information to youth awaiting juvenile court hearings. New ABA policy has addressed services and programs to at-risk youth, assuring licensing, regulation, and monitoring of residential facilities serving at-risk youth, enhanced support for sexual minority foster and homeless youth, juvenile status offenders, and improving laws and policies related to youth exiting the foster care system. [source]


    BUILDING A MULTIDISCIPLINARY, COLLABORATIVE CHILD PROTECTION SYSTEM

    FAMILY COURT REVIEW, Issue 4 2003
    The Challenge to Law Schools
    The process of preparing lawyers and other professionals to work for the benefit of troubled children requires an understanding of concepts that extend far beyond the traditional course structure currently employed in American law schools. It is clear that mental health problems of children and families, compounded by substance abuse, influence behavior, resulting in children entering family and juvenile courts as victims of abuse or neglect and committing criminal acts. It is incumbent on law schools to incorporate training in fields far different from the traditional didactic experience in legal curricula if they are to address the current needs of children and familes who are ensnared in the nation's juvenile justice system. The beginning point of this process is within the legal training apparatus of America. Law schools must expand their curriculum to incorporate other disciplines to produce an advocate capable of serving the interest of children and society. [source]


    Older criminals: a descriptive study of psychiatrically examined offenders in Sweden

    INTERNATIONAL JOURNAL OF GERIATRIC PSYCHIATRY, Issue 10 2002
    Seena Fazel
    Abstract Objective We retrospectively examined psychiatric diagnoses of older offenders referred by court for psychiatric assessment in Sweden, and compared them with younger offenders. Method In Sweden, structured court-ordered forensic psychiatric evaluations are undertaken by a forensic psychiatric team. Data on age, sex, citizenship, psychiatric diagnoses, offences, and legal insanity declarations were obtained for the years 1988,2000 (n=7297). Results There were 210 forensic psychiatric evaluations in those aged 60 and over. 7% had a diagnosis of dementia, 32% psychotic illness, 8% depressive or anxiety disorder, 15% substance abuse or dependence, and 20% personality disorder. Older offenders were significantly less likely to be diagnosed with schizophrenia or a personality disorder, and more likely to have dementia or an affective psychosis compared to younger ones. Logistic regression analyses suggested that of the studied factors, the ones most typical of older offenders were a diagnosis of dementia and being charged with a sexual offence. Conclusion There appear to be important differences in psychiatric morbidity between older offenders and younger ones who come into contact with forensic psychiatric services. This research may assist in the planning of forensic and therapeutic services for the increasing number of older adults passing through the criminal justice system. Copyright © 2002 John Wiley & Sons, Ltd. [source]


    The French Riots: Questioning Spaces of Surveillance and Sovereignty

    INTERNATIONAL MIGRATION, Issue 2 2006
    Susan Ossman
    ABSTRACT This paper examines the riots in France in late 2005 in terms of how they lead to a reconceptualization of the spaces of danger, culture, territory, and sovereignty. It traces a brief history of danger zones and immigration, noting how these two terms have increasingly overlapped. We analyse key discursive formations - legal, political, social scientific, and media - whose explanation for the emergence of the "immigrant" delinquent is linked to what is identified as a culture of poverty. They provide a sustained examination of recent legal reforms of juvenile law as well as judicial practices within the juvenile justice system to show the systematic exclusionary practices of what is claimed to be a colour blind republican system. They reveal a consensus across the political spectrum and among police, prosecutors, investigating magistrates, and new security experts on the need to privilege accountability, restitution, and retribution in the treatment of juvenile offenders. We present evidence from interviews and ethnographic observation among youths of all backgrounds. Ironically, while the children of immigrants seek to claim a voice in the national community, their peers from more privileged social milieu express increasing distance from national concerns, seeking to lead lives as Europeans or global citizens. We end by arguing that this needs to be taken into account in any analysis of frustrated and disenfranchised suburban youths. A transnational or supra-national sociology that accounts for the itineraries of immigrants of all kinds must be developed. LES ÉMEUTES EN FRANCE: QU'EN EST-IL DES ESPACES DE SURVEILLANCE ET DE LA SOUVERAINETÉ? Les émeutes qui ont éclaté en France fin 2005 conduisent à une reconceptualisation des notions de danger, de culture, de territoire et de souveraineté. Cet article, qui présente un bref historique des zones de danger et de l'immigration, montre combien ces deux concepts ont tendance à se rejoindre. Nous analysons les principales formations discursives - juridique, politique, sociale, scientifique et médiatique - qui expliquent l'émergence du délinquant « immigré » en l'associant à ce qui est décrit comme une culture de la pauvreté. Elles nous offrent un examen soutenu des réformes récentes du droit des mineurs et des pratiques judiciaires au sein du système de justice des mineurs, et montrent les pratiques d'exclusion systématiques d'un système républicain prétendant ignorer les préjugés raciaux. Elles montrent que, d'un bout à l'autre de l'échiquier politique, dans la police, chez les procureurs, les juges d'instruction et les nouveaux spécialistes de la sécurité, il existe un consensus sur la nécessité de privilégier l'obligation de rendre des comptes, la réparation et le châtiment dans le traitement des mineurs délinquants. Nous étayons cet argument à partir d'entretiens et d'observations ethnographiques de jeunes de tous les milieux. De façon assez ironique, alors que les enfants d'immigrés veulent avoir leur mot à dire au sein de la communauté nationale, les enfants de milieux plus privilégiés se disent de moins en moins concernés par les préoccupations nationales et cherchent à mener une vie d'Européen ou de citoyen du monde. En conclusion, nous avançons que cette situation doit être prise en compte dans toute analyse des jeunes des banlieues frustrés et privés de droits. Une sociologie transnationale ou supranationale qui rendrait compte des itinéraires des immigrés, tous milieux sociaux confondus, serait une bonne chose. LAS REVUELTAS FRANCESAS: CUESTIONAMIENTO DE LOS ESPACIOS DE VIGILANCIA Y SOBERANÍA En este artículo se examinan las revueltas de Francia a finales de 2005 en la medida en que conducen a una reconceptualización de los espacios de peligro, cultura, territorio y soberanía. Se traza una breve historia de las zonas de peligro y de la inmigración, señalando a la atención cómo estos dos conceptos han ido solapándose crecientemente. Se analizan formaciones discursivas clave -jurídicas, políticas, propias de las ciencias sociales y mediáticas - cuyas explicaciones de la aparición del delincuente "inmigrante" se vinculan con lo que se ha descrito como una cultura de la pobreza. Se ofrece un examen sostenido de las recientes reformas jurídicas de las leyes sobre los menores, así como de las prácticas judiciales dentro del sistema de justicia de menores para mostrar las prácticas de exclusión sistemática de lo que se considera que es un sistema republicano daltónico. Se revela un consenso entre los políticos y entre la policía, los fiscales, los jueces de instrucción y los nuevos expertos en seguridad sobre la necesidad de dar prelación a la asunción de responsabilidades, la restitución y la retribución en el tratamiento de los menores delincuentes. Se presentan pruebas extraídas de entrevistas y de la observación etnográfica de los jóvenes de todos los ambientes. Irónicamente, mientras los hijos de inmigrantes tienden a reclamar una voz en la comunidad nacional, sus iguales de medios sociales más privilegiados expresan un creciente distanciamiento de las preocupaciones nacionales y prefieren vivir como europeos o ciudadanos del mundo. Se termina arguyendo que es preciso tener en cuenta este factor en cualquier análisis de los jóvenes frustrados y privados de voto que viven en los barrios periféricos. Será preciso desarrollar una sociología transnacional o supranacional que explique los itinerarios de todo tipo de inmigrantes. [source]


    Migration, Displacement, and Violence: Prosecuting Romanian Street Children at the Paris Palace of Justice

    INTERNATIONAL MIGRATION, Issue 5 2004
    Susan J. Terrio
    This paper examines the displacement and vulnerability associated with the migration of unaccompanied illegal Romanian minors who came as economic migrants to Western Europe, found no legal opportunities for work or education, and were forced into criminal activity on the streets of French cities such as Paris, Lyon, and Nice. Beginning in 1997 growing numbers of unaccompanied Romanians, mostly boys, some as young as age ten, many younger than age 15, were subject to systematic prosecution rather than protection in Paris, the site of the largest and most influential juvenile court in the nation. They were arrested, detained, indicted, released pending trial, judged, and sentenced in absentia, multiple times with different identities. The Romanian minors were caught without legal papers or visas, claimed to be squatters living in abandoned buildings, trailers, or camps outside Paris, and gave little reliable information about their families or lives. Initially arrested for the destruction of city property and the theft of the proceeds from city parking meters, they gradually turned to begging, shoplifting, and prostitution when the city switched from coin to card payment. Deeply concerned by the penalization of a vulnerable population, the president of the Paris juvenile court created a special court to deal more humanely with unaccompanied minors in general, and Romanian children in particular, by establishing their identities and reconnecting them with their families. This article explores the contradictions that emerged between the representation of Romanian children in the media, the legal establishment, nongovernmental organizations (NGOs), and the Government, on the one hand, and their treatment in the juvenile justice system, on the other. It examines the discourse and the context of judging as well as the interactions between court personnel and Romanian minors from in-take interviews in jail and indictment hearings in chambers to judgment in absentia in the formal court. It compares and contrasts cases heard before and after the creation of the special court and centres on the gaps between official rhetoric, legal norms, and judicial practice. It concludes that the creation of the special court may be having the unintended effect of reinforcing and institutionalizing the very judicial practice it was designed to prevent, namely the penalization of marginality. [source]


    Responsibilities of Criminal Justice Officials

    JOURNAL OF APPLIED PHILOSOPHY, Issue 2 2010
    KIMBERLEY BROWNLEE
    abstract In recent years, political philosophers have hotly debated whether ordinary citizens have a general pro tanto moral obligation to follow the law. Contemporary philosophers have had less to say about the same question when applied to public officials. In this paper, I consider the latter question in the morally complex context of criminal justice. I argue that criminal justice officials have no general pro tanto moral obligation to adhere to the legal dictates and lawful rules of their offices. My claim diverges not only from the commonsense view about such officials, but also from the positions standardly taken in legal theory and political science debates, which presume there is some general obligation that must arise from legal norms and be reconciled with political realities. I defend my claim by highlighting the conceptual gap between the rigid, generalised, codified rules that define a criminal justice office and the special moral responsibilities of the various moral roles that may underpin that office (such as guard, guardian, healer, educator, mediator, counsellor, advocate, and carer). After addressing four objections to my view, I consider specific contexts in which criminal justice officials are obligated not to adhere to the demands of their offices. Amongst other things, the arguments advanced in this paper raise questions about both the distribution of formal discretion in the criminal justice system and the normative validity of some of the offices that presently exist in criminal justice systems. [source]


    Patterns of Treatment Services and Costs for Young Offenders with Mental Disorders

    JOURNAL OF CHILD AND ADOLESCENT PSYCHIATRIC NURSING, Issue 3 2005
    Deborah Shelton PhD
    PROBLEM:,This study describes mental health treatment service delivery patterns and costs for youth in a juvenile justice system. METHODS:,A secondary data analysis on a random sample of juvenile offenders (N = 312) was completed. Service patterns and costs were described. Selected variables were examined for their ability to predict who received treatment. FINDINGS:,Only 23% of youth diagnosed with a mental disorder received any treatment. Older youth and African American youth received fewer services, and race was the only significant predictor for receiving treatment (p = .001). CONCLUSIONS:,Mental health treatment services were scarce, and the data reflects a race bias in the provision of services. Although the law protects the right to treatment for these individuals, provision of services remains a challenge. [source]


    Responding to society's needs: Prescription privileges for psychologists

    JOURNAL OF CLINICAL PSYCHOLOGY, Issue 6 2002
    Mary Ann Norfleet
    The health care revolution has contributed to the natural evolution of the role of psychologists. This has led to the necessity for future psychologists to have the authority to prescribe psychotropic medications in order to offer the best-available, comprehensive treatment to the public. Psychologists' training gives them a unique role in addressing the psychosocial aspects of medical problems, in collaboration with primary-care physicians. Prescribing psychologists are cost-effective, many practice in rural areas where people have no other access to mental health care, and they will be able to treat other underserved populations such as the poor, the elderly, the chronically mentally ill, children, and prisoners in the criminal justice system. Prescribing psychologists will have an increasingly prominent role in future health care policy decisions and practice. © 2002 Wiley Periodicals, Inc. J Clin Psychol 58: 599,610, 2002. [source]


    Why rape survivors participate in the criminal justice system,

    JOURNAL OF COMMUNITY PSYCHOLOGY, Issue 2 2010
    Debra Patterson
    After a rape, survivors may seek help from multiple community organizations including the criminal justice system (CJS). Research has found that few survivors report their assaults to the police and of those who do report, many withdraw their participation during the investigation. However, relatively little is known about the factors that lead survivors to participate in the CJS, and how other community services provided by forensic nurses or victim advocates may also help encourage survivor engagement. In the current study, 20 survivors who reported their victimizations to police within a large Midwest county were interviewed about the factors that influenced their involvement in the CJS. Further, we examined the role that the police, forensic nurses, and victim advocates played in their participation. Using qualitative analyses, our findings suggest that informal supports hold a strong role in the reporting process and formal supports are influential in survivors' engagement in the investigational process. © 2010 Wiley Periodicals, Inc. [source]


    Autism in the criminal justice detention system: A review of the literature

    JOURNAL OF FORENSIC NURSING, Issue 2 2009
    Andrew Cashin RN, Cert PTT, Dip App Sci, FACMHN
    Abstract Little is known about the experience of people with autism in custody. A review of the literature that explored the relationship between autism and criminality and the criminal justice detention system was conducted. Literature suggests that people with autism are potentially overrepresented within the criminal justice system. There is little research that has examined the experiences of people with autism spectrum disorders in custody. There is very little to guide service design to develop autism support services for people in prison. [source]


    Forensic Investigation of Sex Crimes In Colombia

    JOURNAL OF FORENSIC NURSING, Issue 3-4 2007
    Nancy B. Cabelus
    Victimization by sexual assault has become not only a public health and safety issue but a way of life for many in Colombia. Poverty, gender inequality, and a lack of family and community support contribute to the cycle of sexual violence. Ineffective medico-legal systems have added to a rate of 93% for sex crimes that go without arrest or prosecution in Bogotá, the capital. Collaborative efforts are underway between the United States and Colombian governments to change the criminal justice system and strengthen forensic investigation of sex crimes in Colombia. [source]


    Mental Health Promotion for Vulnerable African American Youth

    JOURNAL OF FORENSIC NURSING, Issue 1 2006
    Deborah Shelton
    Fifty-six African American youth between 10,14 years of age participated in a community-based 14-week expressive arts program designed for youth at risk of involvement with the juvenile justice system. Positive and statistically significant findings for pre-post changes in self-control, protective factors, and resilience were found. Difficulty in engaging parents and the strong racial biases of the community appear to have influenced the lack of improvement in self-esteem scores. [source]


    Modified Shotguns in Turkey from 2006 to 2008

    JOURNAL OF FORENSIC SCIENCES, Issue 4 2009
    Aylin Yalç, bey M.Sc., n Sar
    Abstract:, This study investigates the legal status of modified shotguns in Turkey by examining the cases submitted to the Ayd,n Regional Criminal Laboratory between January 2006 and August 2008. A total of 351 shotguns used in crimes were examined. These guns were evaluated in respect of their type, size, caliber, fitness for use, and legal classification. Eleven percent of these shotguns had been modified and it was found that 55% of the modified shotguns were classified according to law 6136 and qualified as a pistol and 45% were classified according to law 2521 and qualified as nonstandard shotguns. Within the Turkish criminal justice system, a nonstandard shotgun attracts a less stringent sentence than a pistol. It would therefore appear that this sentencing structure is considered when modifying shotguns in Turkey. This is clearly a loop-hole in the legislation that could perhaps be investigated and closed. [source]