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‘Finely Balanced’ and ‘Competing Considerations’1: Mental Disorder as a Factor in Sentencing Children and Young People “精细平衡”和“相互竞争的考虑”1:精神障碍是对儿童和青少年判刑的一个因素
IF 1.4 4区 社会学 Q1 Social Sciences Pub Date : 2021-04-01 DOI: 10.1177/1473225420983934
N. Stone
Any criminal justice system grounded in perpetrators’ rational choice in and personal responsibility for their criminal behaviour has to determine what accommodation to reach with any mental disorders that may be regarded as counter to that a priori foundation. As regards guilt and the assumption of mens rea, the law of England and Wales affords a rarely pursued and tightly boundaried insanity defence, where the perpetrator is deemed to lack any capacity, and in respect of allegations of murder the scope to seek a finding of guilt of manslaughter by reason of diminished responsibility where the defendant can establish that he or she was ‘suffering from an abnormality of mental functioning’ at the time of crime which: (1) caused, or was a significant contributory factor in causing the defendant to carry out that conduct; (2) ‘arose from a recognised medical condition’; and (3) ‘substantially impaired’ their ability to do one or more of (a) understanding the nature of their conduct; (b) forming a rational judgement and (c) exercising self-control.2 More prevalently yet more imprecisely, allowance is made for mental disorder at point of sentence, either in weighing culpability, or in tempering or shaping the severity/nature of penalty/disposal, or in factoring in the risk posed by the disordered defendant. Under Part 12 of the Criminal Justice Act (CJA) 2003, what until recently has come closest to a statutory sentencing code in this jurisdiction,3 the following modest provisions are made for ‘mentally disordered offenders’:4
任何以肇事者对其犯罪行为的理性选择和个人责任为基础的刑事司法系统,都必须确定对任何可能被视为与先验基础相反的精神障碍达成何种和解。关于犯罪和犯罪动机的假设,英格兰和威尔士的法律提供了一种很少被追究的、界限严格的精神错乱辩护,在这种情况下,犯罪者被认为缺乏任何行为能力,而在谋杀指控方面,由于责任减轻,被告可以证明他或她在犯罪时“患有精神功能异常”,从而寻求过失杀人罪的判决,其中:(一)导致或者是导致被告人实施该行为的重要促成因素;(2) "由公认的医疗状况引起的";以及(3)“严重损害”其执行以下一项或多项的能力:(a)理解其行为的性质;(b)形成理性判断和(c)自我控制更普遍但更不准确的是,在判刑时考虑到精神障碍,无论是在衡量罪责时,还是在调整或塑造惩罚/处置的严重性/性质时,还是在考虑精神障碍被告带来的风险时。根据2003年《刑事司法法案》(CJA)第12部分,直到最近才成为该司法管辖区最接近法定量刑法的部分,对“精神错乱的罪犯”做出了以下适度的规定
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引用次数: 0
Youth Justice Reforms in Norway: Professional Support for the Panopticon Society? 挪威青年司法改革:Panopticon协会的专业支持?
IF 1.4 4区 社会学 Q1 Social Sciences Pub Date : 2021-02-27 DOI: 10.1177/1473225421995265
Dag Leonardsen, T. Andrews
In 2014, Norway implemented a reform called ‘Youth supervision’ and ‘Youth sentencing’, inspired by restorative justice principles. This article presents the main content of this reform and considers experiences until today. The discussion looks at some challenges related to the reform: Will reduced imprisonment be the result? Do we see the contours of a panopticon society through this reform? Can young offenders be ‘trapped in help’, without necessary legal protection? Is there a danger of professional invasion, where diagnostic perspectives will dominate? These questions are discussed against international experiences on restorative justice reforms.
2014年,受恢复性司法原则的启发,挪威实施了一项名为“青少年监督”和“青少年量刑”的改革。本文介绍了这一改革的主要内容,并思考了迄今为止的经验。讨论着眼于与改革相关的一些挑战:结果会是减少监禁吗?通过这次改革,我们看到了全景社会的轮廓吗?如果没有必要的法律保护,年轻罪犯会被“困在帮助中”吗?在诊断观点占主导地位的情况下,是否存在职业入侵的危险?这些问题是根据恢复性司法改革的国际经验进行讨论的。
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引用次数: 1
Alignment of Vietnamese Law on the Treatment of Juvenile Prisoners With International Standards and Norms 越南未成年犯待遇法与国际标准和规范的一致性
IF 1.4 4区 社会学 Q1 Social Sciences Pub Date : 2021-02-18 DOI: 10.1177/1473225421995266
Le Huynh Tan Duy, Yvon Dandurand
Criminal sanctions, in spite of their obvious limitations, play an important role in the prevention of juvenile crime. In spite of international admonitions against the use of detention, Vietnam like many other South-East Asian countries still relies heavily on the deprivation of liberty, in both specialized juvenile institutions and adult prisons, in handling juvenile offenders. Because imprisonment, according to international standards, is meant to be used only as a last resort and for the shortest period of time possible, juvenile justice research has tended to ignore what is going on in places of detention and focus instead on diversion and alternatives to detention. This article focuses on Vietnamese law concerning the prison regimes applicable to juvenile detainees and the extent to which it complies with internationally accepted standards and norms. It reviews existing measures for the protection of juveniles against all forms of violence during their incarceration, including abusive disciplinary measures and the absence of independent oversight of prisons. It also considers arguments for and against the building of juvenile prisons to separate juveniles from adults as required by article 37 of the Convention on the Rights of the Child. It concludes with recommendations for legal reforms.
刑事制裁尽管有明显的局限性,但在预防青少年犯罪方面发挥着重要作用。尽管国际社会告诫不要使用拘留,但越南和许多其他东南亚国家一样,在处理青少年罪犯时,仍然严重依赖于在专门的青少年机构和成人监狱中剥夺自由。根据国际标准,监禁只应作为最后手段,并在尽可能短的时间内使用,因此,少年司法研究往往忽视拘留场所的情况,而将重点放在转移注意力和拘留的替代方法上。本条侧重于越南关于适用于未成年被拘留者的监狱制度的法律,以及该制度在多大程度上符合国际公认的标准和规范。它审查了保护青少年在监禁期间免受一切形式暴力的现行措施,包括滥用纪律措施和缺乏对监狱的独立监督。它还审议了支持和反对按照《儿童权利公约》第37条的要求建造青少年监狱,将青少年与成年人分开的论点。报告最后提出了法律改革建议。
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引用次数: 1
Can Professional Interventions Contribute to an Escalation in Cases of Youth Violence? Considering the Impact of the Shift from Informal to Formal Youth Support on an Inner City Housing Estate 专业干预会导致青少年暴力事件升级吗?考虑青年支持从非正式向正式转变对内城住宅小区的影响
IF 1.4 4区 社会学 Q1 Social Sciences Pub Date : 2021-02-03 DOI: 10.1177/1473225421990758
James Alexander
Youth violence is on the increase across many UK cities and although national trends, such as more networked entrepreneurial drug dealing, are contributing to the spread of such incidents, localised community environments play a significant role in the development of violent youth cultures. Based on a 4-year ethnographic study, this article explores how the shift from a resident led, relationship-based interaction, to a more professionalised evidenced-based intervention model, increased the risk of young people getting involved in youth violence. Efforts to address youth violence should consider including more relational informal support networks, alongside more specialist interventions.
青少年暴力事件在英国的许多城市都呈上升趋势,尽管全国性的趋势,如更多的网络化企业毒品交易,助长了此类事件的蔓延,但当地的社区环境在青少年暴力文化的发展中起着重要作用。基于一项为期4年的人种学研究,本文探讨了从居民主导的、基于关系的互动到更专业的、基于证据的干预模式的转变,是如何增加年轻人参与青少年暴力的风险的。解决青年暴力的努力应考虑包括更多的关系非正式支持网络,以及更多的专家干预措施。
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引用次数: 1
Youth Justice News 青年司法新闻
IF 1.4 4区 社会学 Q1 Social Sciences Pub Date : 2021-01-11 DOI: 10.1177/1473225420985092
T. Bateman
In England and Wales, youth offending teams (YOTs), the statutory multi-agency partnerships with responsibility for providing services to children subject to youth justice interventions, are inspected by Her Majesty’s Inspectorate of Probation. The Inspectorate’s Annual Report, published in November 2020, summarises the outcome of those inspections and indicates that children in care are substantially over-represented among those subject to formal youth justice disposals. On 31 March 2019, 78,150 children were looked after by the local authority in England (Wales has devolved responsibility for children’s services and Welsh children are accordingly not included in the data), a rate of 65 per 10,000 children in the population, or 0.65 per cent. By contrast, according to the Probation inspectorate, in the 24,000 cases examined in 2018/2019 of children given a caution or subject to a court order, an estimated 4500 (approaching 19 per cent) were children in care. Although figures are not directly comparable, it would appear too that over-representation rises in line with the level of youth justice intervention. Thus, 26 per cent of cases inspected, over the past 2 years, of children subject to a court disposal (that is omitting those given a pre-court disposal), were ‘in the care of the local authority at some point during their sentence’. Surveys of children detained in young offender institutions (YOIs) and secure training centres (STCs) during 2018/2019 (children in secure children’s homes (SCHs), the third type of custodial establishment are not included in the data) found that more than half (52 per cent) reported having been in care at some point in their lives. The Probation Inspectorate also found that the quality of provision to children in care by YOTs was, on average, of a lower standard than that given to their non-care counterparts. Moreover, as shown in Table 1, where looked-after children were placed outside of their local authority area, the quality of services was further diminished. For that group of cases, planning, delivery and review of interventions were all assessed as requiring improvement on aggregate.
在英格兰和威尔士,青少年犯罪小组(YOT)是一个法定的多机构合作伙伴关系,负责为受青少年司法干预的儿童提供服务,由女王陛下的缓刑监察局进行检查。监察局于2020年11月发布的年度报告总结了这些检查的结果,并指出在接受正式青少年司法处理的儿童中,受照顾儿童的比例明显过高。2019年3月31日,英格兰地方当局照顾了78150名儿童(威尔士已移交儿童服务责任,因此威尔士儿童不包括在数据中),这一比例为人口中每10000名儿童中有65名,即0.65%。相比之下,根据缓刑监察局的数据,在2018/2019年审查的24000起被警告或接受法院命令的儿童案件中,估计有4500名(接近19%)是被照顾的儿童。尽管这些数字无法直接比较,但似乎也会随着青年司法干预的水平而增加。因此,在过去两年中,接受法院处理的儿童案件(即省略了接受庭前处理的案件)中,26%的案件“在服刑期间的某个时候由地方当局照顾”。2018/2019年期间,对被拘留在青少年犯罪机构(YOI)和安全培训中心(STC)的儿童进行的调查(数据中不包括第三类拘留机构安全儿童之家(SCH)中的儿童)发现,超过一半(52%)的儿童报告说,他们在生活中的某个时刻曾受到过照顾。缓刑监察局还发现,青年教师为受照顾儿童提供的服务质量平均低于非受照顾儿童。此外,如表1所示,被照顾的儿童被安置在地方当局辖区之外,服务质量进一步下降。对于这组病例,干预措施的规划、实施和审查都被评估为需要总体改进。
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引用次数: 0
Connectors, Horizon Stretchers, Outsiders: Youth Justice Practitioners in Rural England 连接器,地平线担架,局外人:英格兰农村的青年司法从业人员
IF 1.4 4区 社会学 Q1 Social Sciences Pub Date : 2020-12-01 DOI: 10.1177/1473225419893778
H. Marshall, J. Harvey, C. Lanskey
This article advances research on the practice of youth justice in rural contexts. Drawing on Ingold’s dwelling perspective, and empirical research with youth justice practitioners in rural England, we explore how practitioners develop their practice through their relationships to their rural working environments. We find that through these relationships, practitioners develop themselves as ‘connectors’, aiming to reduce the impact of Fordshire’s remoteness and isolation on young people; as ‘horizon stretchers’, seeking to raise aspirations and broaden imaginations; but often find themselves to be ‘outsiders’ in relation to rural communities. Accordingly, we argue that youth justice work is infused with the lived realities of the contexts in which it is practised and that ongoing debates over the localization of youth justice must take this into account.
本文对农村青年司法实践进行了研究。根据Ingold的居住视角,以及对英格兰农村青年司法从业者的实证研究,我们探讨了从业者如何通过与农村工作环境的关系来发展他们的实践。我们发现,通过这些关系,从业者将自己发展为“连接器”,旨在减少福德郡的偏远和孤立对年轻人的影响;作为“地平线的延伸者”,寻求提高抱负和拓宽想象力;但往往发现自己是农村社区的“局外人”。因此,我们认为,青年司法工作融入了实践环境的现实,目前关于青年司法本地化的辩论必须考虑到这一点。
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引用次数: 0
Rethinking Youth Justice Journeys: Complex Needs, Impeded Capabilities and Criminalisation 反思青年司法之旅:复杂的需求、受阻的能力和犯罪化
IF 1.4 4区 社会学 Q1 Social Sciences Pub Date : 2020-12-01 DOI: 10.1177/1473225419893791
Sarah Brooks-Wilson
This article rethinks youth justice policy and practice in terms of movement, challenging its dominant, static framing. Holistic services have a high travel burden, with absence extremely problematic for effective practice. Yet children’s youth justice journeys and their effects currently remain invisible. Evidence from 28 young people and 33 practitioners will demonstrate the urgent need to develop policies that do not punish children who are poorly placed to travel. The compulsory catapulting of ‘kinetic underclass’ members around locality settings suggests the need for policy innovation, with new ‘minimum standards’ providing effective, child-centred opportunities through comprehensive yet malleable minimum entitlements.
本文从运动的角度重新思考了青年司法政策和实践,挑战了其主导的静态框架。整体服务有很高的旅行负担,缺乏有效的实践极为困难。然而,儿童的青少年正义之旅及其影响目前仍然是看不见的。来自28名年轻人和33名从业者的证据将表明,迫切需要制定不惩罚不适合旅行的儿童的政策。地方环境中“活跃的下层阶级”成员的强制性激增表明了政策创新的必要性,新的“最低标准”通过全面但可延展的最低权利提供了有效的、以儿童为中心的机会。
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引用次数: 3
Canadian Rural Youth and Role Tension of the Police: ‘It’s Hard in a Small Town’ 加拿大农村青年与警察角色紧张:“小镇难”
IF 1.4 4区 社会学 Q1 Social Sciences Pub Date : 2020-12-01 DOI: 10.1177/1473225419872406
R. Ricciardelli, Michael Adorjan, D. Spencer
This article presents findings from a case study examining youth perceptions of the police in rural areas of Eastern Canada. A total of 20 semistructured focus group discussions were conducted with 60 youth from Canadian rural Atlantic areas, who were purposively recruited, with groups stratified by age and gender. Discussions centered on role tension regarding the police’s role, that is, along a continuum between law enforcement and public protection versus community policing and crime prevention. Our discussions highlight the arguably ironic view that it is harder to maintain trust when there are strong personal relations with the police. Discussions highlight the ‘pros and cons’ of informal familiarity with police officers, especially the presence of school resource officers and policing in the context of monitoring youth on modes of transportation germane to rural Atlantic Canada (i.e. skidoos). Implications from this study suggest that when dealing with youth, identifying and addressing youth perceptions of the police role can help improve police–youth interactions.
本文介绍了一项案例研究的结果,该研究考察了加拿大东部农村地区青年对警察的看法。共对来自加拿大大西洋农村地区的60名青年进行了20次半结构焦点小组讨论,这些青年是有意招募的,小组按年龄和性别分层。讨论的重点是警察角色的角色紧张关系,即执法和公共保护与社区警务和预防犯罪之间的连续性。我们的讨论强调了一种可以说具有讽刺意味的观点,即当与警方有着牢固的个人关系时,就更难保持信任。讨论强调了与警察非正式熟悉的“利弊”,特别是学校资源官员的存在,以及在监测年轻人与加拿大大西洋农村(即skidoos)密切相关的交通方式方面的警务工作。这项研究的启示表明,在与青年打交道时,识别和解决青年对警察角色的看法有助于改善警察与青年的互动。
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引用次数: 2
Experiences of Youth Mentoring Through Street Dance 青少年街舞辅导的经验
IF 1.4 4区 社会学 Q1 Social Sciences Pub Date : 2020-12-01 DOI: 10.1177/1473225419879248
A. Gunay, A. Bacon
There has been limited research regarding the effectiveness of mentoring for at-risk youth in the United Kingdom and none focussing on a dance-based intervention. This study explored experiences of a mentoring through street dance programme. Eight participants (aged 16–18) and their mentor took part in semi-structured interviews which were transcribed verbatim and the data subjected to thematic analysis. Three emergent themes were identified: Relationship with mentor, changes in outlook and coping with emotions. Data indicated that the programme resulted in increased mental wellbeing, desistance from antisocial behaviours, positive future outlook and greater awareness of life opportunities. A trusting, non-hierarchical mentor-mentee relationship was central. Inclusion of mentor narratives was a novel aspect of the study and allowed for insight into how this was achieved. Street dance itself provided a framework for confidence building, social levelling and bonding. Results are discussed in terms of future directions for good practice.
在英国,关于辅导高危青少年的有效性的研究有限,没有一个关注以舞蹈为基础的干预。本研究探讨了街舞辅导的经验。8名参与者(16-18岁)和他们的导师参加了半结构化访谈,访谈内容被逐字记录下来,并对数据进行专题分析。他们确定了三个新兴主题:与导师的关系、展望的变化和应对情绪。数据显示,该计划提高了心理健康水平,抑制了反社会行为,对未来持积极态度,并提高了对生活机会的认识。信任、无等级的师徒关系至关重要。纳入导师叙述是该研究的一个新颖方面,并允许深入了解如何实现这一目标。街舞本身提供了一个建立信心、社交平衡和联系的框架。结果讨论了良好实践的未来方向。
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引用次数: 0
Understanding Children’s Court Processes and Decisions: Perceptions of Children and Their Families 理解儿童法庭程序和判决:儿童及其家庭的看法
IF 1.4 4区 社会学 Q1 Social Sciences Pub Date : 2020-12-01 DOI: 10.1177/1473225419890691
Bernadette J. Saunders, Gaye T. Lansdell, J. Frederick
This article presents preliminary findings regarding children’s and families’ experiences of Children’s Court proceedings in which they are participants. The findings come from a systematic review of Australian and international qualitative literature in relation to how children and their families perceive and understand these court processes. The review reveals that we know little about children’s and parents’ perspectives. However, their insights are vital so that courts can reasonably address issues and concerns, give effect to obligations under the United Nations Convention on the Rights of the Child (CRC) 1989 and foster a problem-solving, therapeutic court approach.
这篇文章提出了关于儿童和家庭在他们参与的儿童法庭诉讼中的经历的初步调查结果。这些发现来自对澳大利亚和国际定性文献的系统回顾,这些文献与儿童及其家庭如何感知和理解这些法庭程序有关。调查显示,我们对孩子和父母的观点知之甚少。然而,他们的见解是至关重要的,以便法院能够合理地处理问题和关切,履行1989年《联合国儿童权利公约》(CRC)规定的义务,并促进解决问题的治疗性法院方法。
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引用次数: 2
期刊
Youth Justice-An International Journal
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