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European Rules for Juvenile Offenders Subject to Sanctions Or Measures

Author : Council of Europe

Publisher : Council of Europe

Page : 218 pages

File Size : 42,5 MB

Release : 2009-01-01

Category : Business & Economics

ISBN : 9789287166203

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Book Description

This book deals with the rules that are in force in Europe for juvenile offenders. The aim of the rules is to uphold the rights and safety of juvenile offenders subject to sanctions or measures and to promote their physical, mental and social well-being when subject to community sanctions or measures, or any form of deprivation of liberty. It is based on Recommendation Rec(2008)11 of the Committee of Ministers of the Council of Europe on the European Rules for juvenile offenders subject to sanctions or measures, which was adopted on 5 November 2008. The first part of the book contains the text of the recommendation and is followed by a commentary which explains in finer detail the rules and the points raised by the text. The final section provides an analysis of the national replies to a questionnaire related to the treatment of juvenile offenders. This work will be of interest to human rights scholars, researchers and students of law, criminology and international relations.



Women and Children as Victims and Offenders: Background, Prevention, Reintegration

Author : Helmut Kury

Publisher : Springer

Page : 922 pages

File Size : 12,35 MB

Release : 2016-06-20

Category : Law

ISBN : 331928424X

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Book Description

This work compiles experiences and lessons learned in meeting the unique needs of women and children regarding crime prevention and criminal justice, in particular the treatment and social reintegration of offenders and serves as a cross-disciplinary work for academic and policy-making analyses and follow-up in developing and developed countries. Furthermore, it argues for a more humane and effective approach to countering delinquency and crime among future generations. In a world where development positively depends on the rule of law and the related investment security, two global trends may chart the course of development: urbanization and education. Urbanization will globalize the concepts of “justice” and “fairness”; education will be dominated by the urban mindset and digital service economy, just as a culture of lawfulness will. This work looks at crime prevention education as an investment in the sustainable quality of life of succeeding generations, and at those who pursue such crime prevention as the providers of much-needed skills in the educational portfolio. Adopting a reformist approach, this work collects articles with findings and recommendations that may be relevant to domestic and international policymaking, including the United Nations Studies and their educational value for the welfare of coming generations. The books address the relevant United Nations ideas by combining them with academic approaches. Guided by the Editors’ respective fields of expertise, and in full recognition of academic freedom and “organized scepticism”, it includes contributions by lawyers, criminologists, sociologists and other eminent experts seeking to bridge the gap between academic and policy perspectives, as appropriate, against the international background, including the United Nations developments.​ The second volume opens with Part IV, which presents articles on different kinds of crime prevention. The effectiveness of punishment and, in particular, imprisonment is examined by contrasting it with alternative sanctions and the following questions are raised: Does harsh punishment have a crime preventive effect? What are the side effects of imprisonment on the offenders and their families? Are alternatives, such as restorative justice or mediation, more effective and cheaper? Part V outlines proactive strategies of crime prevention, e.g. for potential sex offenders or in the domain of internet crime. Part VI envisions a more peaceful and inclusive society, which would be realized by improving the protection of women and children in their everyday life, and easing the reintegration of those who have become offenders. The importance of the role played by the UN in formulating these goals is underlined. The volume concludes with an epilogue of the 70th President of the United Nations Economic and Social Council, Martin Sajdik, and a post scriptum of the editors. p>



Yearbook of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment/Annuaire de la convention européenne pour la prévention de la torture et des peines ou traitements inhumains ou dégradants

Author : Council of Europe/Conseil de l'Europe

Publisher : BRILL

Page : 1806 pages

File Size : 46,34 MB

Release : 2017-06-01

Category : Law

ISBN : 900429757X

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Book Description

The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment was adopted by the Committee of Ministers of the Council of Europe in June 1987. It entered into force in February 1989 and all 47 member States are Parties to the Convention. The Convention has already established itself as an important human rights instrument. Its approach is quite different from that of the European Convention on Human Rights. Whereas the ECHR provides a remedy for particular human rights violations after the event, the Convention for the Prevention of Torture (ECPT) seeks to prevent human rights violations, through a system of visits to places of detention. The Convention is intended to be an integrated part of the Council of Europe system for the protection of human rights, placing a proactive non-judicial mechanism alongside the reactive judicial mechanism established under the ECHR. The Yearbook of the European Convention for the Prevention of Torture offers an essential annual overview of developments in relation to the ECPT. Part One contains information on ratifications and other such issues in the authentic English and French texts. Part Two has details in English and French of the membership and activities of the Convention. Part Three reprints the twentieth annual General Report of the ECPT in the official English and French texts. Part Four contains the ECPT's reports to States and the State responses thereto that were made public during the year in question. The ECPT's reports are published in the official English and/or French texts and State responses in the English and/or French versions submitted by the States concerned. Bilingual English and French; two-volume set.



Young Offenders and the Law

Author : Raymond Arthur

Publisher : Routledge

Page : 157 pages

File Size : 19,17 MB

Release : 2010-06-10

Category : Law

ISBN : 1134004877

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Book Description

How does the law deal with young offenders, and to what extend does the law protect and promote the rights of young people in conflict with the law? This title addresses these central issues and examines the legal response to the phenomenon of youth offending, and the contemporary forces that shape the law.



Preventing torture in Europe

Author : Christine Bicknell

Publisher : Council of Europe

Page : 332 pages

File Size : 29,87 MB

Release : 2018-12-19

Category : Political Science

ISBN : 9287189099

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Book Description

A comprehensive insight into the valuable work carried out by one of the Council of Europe’s highly influential mechanisms, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). Since its inception in 1989, specialist members of the CPT (lawyers, prosecutors, prison experts, doctors, psychiatrists, etc.) have visited thousands of police stations, prisons, immigration detention centres, psychiatric hospitals and other places of detention all over Europe, to monitor the living conditions (hygiene, provision of food and drink, health care, etc.) of those being detained. Following these visits, the CPT issues reports suggesting improvements and laying down standards. The purpose of this book is twofold. In the first part, the authors explain the background and origins of the CPT, its membership and modus operandi, as well as how it interacts with other bodies, such as the UN’s Subcommittee on Prevention of Torture (SPT) and the national preventive mechanisms (NPMs). In the second part, the authors describe the CPT’s key findings and standards in the main situations of deprivation of liberty (police, prison, immigration detention, mental health and social care). In a detailed appendix, the authors provide summaries of the key CPT findings for the 47 states visited by the CPT.



Guidelines of the Committee of Ministers of the Council of Europe on child-friendly justice

Author : Council of Europe

Publisher : Council of Europe

Page : 64 pages

File Size : 44,44 MB

Release : 2011-10-01

Category : Political Science

ISBN : 928717413X

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Book Description

Guaranteeing children effective access to justice and proper treatment in the criminal, civil and administrative systems, by promoting principles such as the best interests of the child and equal treatment. The guidelines on child-friendly justice, and their explanatory memorandum, were adopted by the Council of Europe in 2010. Based on existing international and European standards, in particular the United Nations Convention on the Rights of the Child and the European Convention on Human Rights, the guidelines are designed to guarantee children's effective access to and adequate treatment in justice. They apply to all the circumstances in which children are likely, on any ground and in any capacity, to be in contact with the criminal, civil or administrative justice system. They recall and promote the principles of the best interests of the child, care and respect, participation, equal treatment and the rule of law. The guidelines address issues such as information, representation and participation rights, protection of privacy, safety, a multidisciplinary approach and training, safeguards at all stages of proceedings and deprivation of liberty. The 46 Council of Europe member states are encouraged to adapt their legal systems to the specific needs of children, bridging the gap between internationally agreed principles and reality. To that end, the explanatory memorandum offers examples of good practices and proposes solutions to address and remedy legal and practical gaps in justice for children. These guidelines form an integral part of the Council of Europe's strategy on children's rights and its programme "Building a Europe for and with children". A series of promotion, co-operation and monitoring activities are planned in member states in view of ensuring effective implementation of the guidelines for the benefit of all children.



The Moral Foundations of the Youth Justice System

Author : Raymond Arthur

Publisher : Routledge

Page : 188 pages

File Size : 21,38 MB

Release : 2016-12-01

Category : Social Science

ISBN : 1317670264

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Book Description

When is it fair to hold young people criminally responsible? If young people lack the capacity to make a meaningful choice and to control their impulses, should they be held criminally culpable for their behaviour? In what ways is the immaturity of young offenders relevant to their blameworthiness? Should youth offending behaviour be proscribed by criminal law? These are just some of the questions asked in this thoughtful and provocative book. In The Moral Foundations of the Youth Justice System, Raymond Arthur explores international and historical evidence on how societies regulate criminal behaviour by young people, and undertakes a careful examination of the developmental capacities and processes that are relevant to young people’s criminal choices. He argues that the youth justice response needs to be reconceptualised in a context where one of the central objectives of institutions regulating children and young people’s behaviour is to support the interests and welfare of those children. This timely book advocates a revolutionary transformation of the structure and process of contemporary youth justice law: a synthesised and integrated approach that is clearly distinct from that used for dealing with adults. This book is a key resource for students, academics and practitioners across fields including criminal law, youth justice, probation and social work.



Persisters and Desisters in Crime from Adolescence into Adulthood

Author : Machteld Hoeve

Publisher : Routledge

Page : 502 pages

File Size : 27,92 MB

Release : 2016-05-13

Category : Law

ISBN : 1317082001

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Book Description

Too many juvenile delinquents persist in their offending into adulthood. They constitute a major burden for individual victims, for businesses and the justice system, all contributing to the total cost of crime for society. Focusing on the transition between juvenile offending and adult crime, this book examines research based on Dutch, European and North-American studies on the persistence and discontinuity of offending between late adolescence and early adulthood. Presenting empirical studies showing why persistence or discontinuity take place, the book provides up-to-date information on preventive and remedial interventions to promote discontinuity of offending amongst young adults. From the same team who produced 'Tomorrow's Criminals', this book will be a valuable resource for criminologists, criminal justice professionals, psychologists, sociologists, and psychiatrists interested in juvenile and young adult offenders, as well as those interested in what makes career criminals and youth who reform.



Advancing Children's Rights in Detention

Author : Ursula Kilkelly

Publisher : Policy Press

Page : 224 pages

File Size : 23,30 MB

Release : 2022-11

Category : Children's rights

ISBN : 1529213223

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Book Description

The UN Global Study on Children Deprived of Liberty detailed many children's poor experiences in detention, highlighting the urgent need for reform. Applying a child-centred model of detention that fulfils the rights of the child under the five themes of provision, protection, participation, preparation and partnership, this original book illustrates how reform can happen. Drawing on Ireland's experience of transforming law, policy and practice, and combining theory with real-life experiences, this compelling book demonstrates how children's rights can be implemented in detention. This important case study of reform presents a powerful argument for a progressive, rights-based approach to child detention. Worthy of international application, the book shares practical insights into how theory can be translated into practice.



The Eternal Criminal Record

Author : James B. Jacobs

Publisher : Harvard University Press

Page : 413 pages

File Size : 30,20 MB

Release : 2015-02-09

Category : Social Science

ISBN : 067496716X

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Book Description

For over sixty million Americans, possessing a criminal record overshadows everything else about their public identity. A rap sheet, or even a court appearance or background report that reveals a run-in with the law, can have fateful consequences for a person’s interactions with just about everyone else. The Eternal Criminal Record makes transparent a pervasive system of police databases and identity screening that has become a routine feature of American life. The United States is unique in making criminal information easy to obtain by employers, landlords, neighbors, even cyberstalkers. Its nationally integrated rap-sheet system is second to none as an effective law enforcement tool, but it has also facilitated the transfer of ever more sensitive information into the public domain. While there are good reasons for a person’s criminal past to be public knowledge, records of arrests that fail to result in convictions are of questionable benefit. Simply by placing someone under arrest, a police officer has the power to tag a person with a legal history that effectively incriminates him or her for life. In James Jacobs’s view, law-abiding citizens have a right to know when individuals in their community or workplace represent a potential threat. But convicted persons have rights, too. Jacobs closely examines the problems created by erroneous record keeping, critiques the way the records of individuals who go years without a new conviction are expunged, and proposes strategies for eliminating discrimination based on criminal history, such as certifying the records of those who have demonstrated their rehabilitation.