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This book explores the principles, practice and challenges in determining justice system responses to serious offending by children globally. Divided into four parts, the book provides a balance of theoretical and empirical insights. Anchored in a theoretical framework based on the human rights of children, as set out in the UN Convention on the Rights of the Child, it considers the relationship between scientific evidence (such as brain development) and the human rights framework, before going to explore the diversity of responses to children who are found responsible for serious offences. It brings together experts from various disciplines to fill a gap relating to serious offending by chi...
This book presents an original synthesis of the leading international research on children in conflict with the law, providing an evidence base for a rights-based justice system. Informed by international children’s rights standards, this book presents relevant research findings in a clear, succinct and accessible manner, identifying the key evidence underpinning three rights-based themes of Prevention, Diversion and Justice, and Reintegration. This book is the first analysis to map leading inter-disciplinary research against the international children’s rights framework in relation to children and the justice system. In this way, it provides a unique evidence base for the implementation of children’s rights in youth justice and will support all those seeking to study, advocate or implement progressive approaches to children in conflict with the law.
This book is concerned with the vulnerability of suspects and defendants in criminal proceedings and the extent to which the vulnerable accused can effectively participate in the criminal process. Commencing with an exploration of how vulnerability is defined and identified, the collection examines and analyses how vulnerability manifests and is addressed at the police station and in court, addressing both child and adult accused persons. Leading and emerging scholars, along with practitioners with experience working in the field, explore and unpack the human rights and procedural implications of suspect and defendant vulnerability and examine how their needs are supported or disregarded. Dr...
Police Custody in Ireland brings together experts from policing studies, law, criminology, and psychology, to critically examine contemporary police custody in Ireland, what we know about it, how it operates, how it is experienced, and how it might be improved. This first-of-its-kind collection focuses exclusively on detention in Garda Síochána stations, critically examining it from human rights and best practice perspectives. It examines the physical environment of custody, police interview techniques, existing protections, rights, and entitlements, and experiences of specific communities in custody, such as children, ethnic minorities, non-English speakers, the Mincéir/Traveller community, and those with intellectual disabilities or Autism Spectrum Disorder. Police Custody in Ireland gives a snapshot of garda custody as it is now and makes important recommendations for necessary future improvements. An accessible and compelling read, this book will be of interest to those engaged in policing and criminology, as well as related areas of interest such as human rights, youth justice and disability studies.
Drawing on the first comprehensive study in England and Wales to review the police custody process from the perspective of children, Bevan traces the child's journey from arrest, through detention and interview, to release or remand. A rights-based approach is used to evaluate the effectiveness of the protection under the present legal framework.
Canvassing the socio-legal context for youth detention in Australia with a focus on international human rights law and legal frameworks within Australian states and territories, this book examines the recurring children’s rights-violations of recent years, and puts forward strategies for reform. Providing a comprehensive national picture of juvenile detention legislation, policy and practices using a children’s rights framework, this book is a detailed synthesis of investigatory reports, judicial decisions and inquiries by both Royal Commissions and parliamentary committee inquiries that together establish an evidence base for assessing the compliance of youth detention with Australia’s international and domestic human rights obligations. It also proposes nine pillars for reform to help Australia move towards children’s rights compliance. A Children’s Rights Assessment of Juvenile Detention in Australia provides an invaluable resource for policy-makers, lawyers and criminologists, as well as for students of law and criminology.
This book shows how prison officers may be able to significantly influence extra-programmatic conditions, to enhance rehabilitation outcomes and contribute to reducing reoffending. It does so through a detailed review of the literature relating to prison-based rehabilitation programmes, examining factors influencing their outcomes and the effects of the prison officer role. Firstly the book explores current understandings about the role of the prison and effective offender rehabilitation programmes. It then describes the processes of the integrative review of how prison officers can support rehabilitation programmes in prisons. Review findings suggest three main routes by which prison office...
A Restorative Approach to Family Violence looks back at an early and successful demonstration of a family and culturally based model to stop severe family violence. This conferencing model, called family group decision making, was applied by three diverse Canadian communities—Inuit, rural, and urban—to the benefit of child and adult family members. Narrative inquiry identifies how engaging the family and relatives resets the narrative from misrecognition to recognition of their competence and caring. Family violence poses some of the most long-term and controversial questions in restorative justice. Should we use a restorative approach to stop gendered and intergenerational harm? Or will...
The present work supplements the original volume of A Bibliography of Islamic Criminal Law, the most extensive bibliography on Islamic criminal law ever compiled. Drawing on a multitude of sources online and offline this bibliography covers in its thematic section not only the classical crime categories of ḥudūd, qiṣāṣ and taʿzīr but also a large number of newly emerging and related fields. In a second section, dedicated to countries, eras and institutions Olaf Köndgen comprehensively covers the historical and modern application of Islamic criminal law in all its forms. Unlocking the richness of this sub-field of Islamic law, also with the help of two detailed indices, this innovative reference work is highly relevant for all those researching Islamic law in general and the application of Islamic criminal law over time in particular.