少年司法制度中刑事制裁概念的重构研究

Nanci Yosepin Simbolon, Juanrico Alfaromona Sumarezs Titahelu, None Rosmalinda
{"title":"少年司法制度中刑事制裁概念的重构研究","authors":"Nanci Yosepin Simbolon, Juanrico Alfaromona Sumarezs Titahelu, None Rosmalinda","doi":"10.55908/sdgs.v11i10.1109","DOIUrl":null,"url":null,"abstract":"Objective: This research examines the reconstruction of the concept of criminal sanctions in the juvenile justice system with a focus on rehabilitative approaches and protecting children's rights. Theoretical framework: International scientific reports, articles, and publications served as the basis for the theoretical contents. Additionally, actual materials from criminal cases were used to explain the issue under investigation in a more thorough and objective manner. Method: Used to analyze the experiences, views, perceptions, and social context involved in the research subjects. This research involved interviews with legal practitioners, judges, social workers, and individuals related to juvenile justice cases, as well as collecting data from legal documents such as court decisions and related legislation. The data collection process begins with the selection of key informants who have knowledge and experience in the juvenile justice system. Results and conclusion: The research findings indicate that traditional criminal sanctions are less effective in changing children's behavior and may exacerbate their situation. Therefore, the recommendation is to change the concept of criminal sanctions in the juvenile justice system to prioritize rehabilitative, educational and social reintegration approaches. The need to respect children's rights, the principles of restorative justice, and community protection are also stressed. Comparison with the adult justice system shows that the juvenile justice system is more focused on rehabilitation and education. In conclusion, the concept of criminal sanctions in the juvenile justice system has a major impact on the effectiveness of the rehabilitation of juvenile offenders and the protection of their rights, with the importance of prioritizing rehabilitative approaches and children's rights in the application of criminal sanctions. Originality/value: The juvenile justice system is an important aspect of the legal system which aims to protect, educate and rehabilitate children involved in criminal acts. The concept of criminal sanctions in the context of juvenile justice has a very crucial role in achieving these goals. Children as a vulnerable group require a different legal approach to adults, considering their limitations in terms of experience, cognitive capacity, and physical and emotional development. In dealing with the complexity of juvenile crimes, it is necessary to adopt an approach that is more educational and supportive of children's development, rather than merely punishing.","PeriodicalId":41277,"journal":{"name":"McGill International Journal of Sustainable Development Law and Policy","volume":"460 ","pages":"0"},"PeriodicalIF":0.3000,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Study on the Reconstruction of the Concept of Criminal Sanctions in the Juvenile Justice System\",\"authors\":\"Nanci Yosepin Simbolon, Juanrico Alfaromona Sumarezs Titahelu, None Rosmalinda\",\"doi\":\"10.55908/sdgs.v11i10.1109\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Objective: This research examines the reconstruction of the concept of criminal sanctions in the juvenile justice system with a focus on rehabilitative approaches and protecting children's rights. Theoretical framework: International scientific reports, articles, and publications served as the basis for the theoretical contents. Additionally, actual materials from criminal cases were used to explain the issue under investigation in a more thorough and objective manner. Method: Used to analyze the experiences, views, perceptions, and social context involved in the research subjects. This research involved interviews with legal practitioners, judges, social workers, and individuals related to juvenile justice cases, as well as collecting data from legal documents such as court decisions and related legislation. The data collection process begins with the selection of key informants who have knowledge and experience in the juvenile justice system. Results and conclusion: The research findings indicate that traditional criminal sanctions are less effective in changing children's behavior and may exacerbate their situation. Therefore, the recommendation is to change the concept of criminal sanctions in the juvenile justice system to prioritize rehabilitative, educational and social reintegration approaches. The need to respect children's rights, the principles of restorative justice, and community protection are also stressed. Comparison with the adult justice system shows that the juvenile justice system is more focused on rehabilitation and education. In conclusion, the concept of criminal sanctions in the juvenile justice system has a major impact on the effectiveness of the rehabilitation of juvenile offenders and the protection of their rights, with the importance of prioritizing rehabilitative approaches and children's rights in the application of criminal sanctions. Originality/value: The juvenile justice system is an important aspect of the legal system which aims to protect, educate and rehabilitate children involved in criminal acts. The concept of criminal sanctions in the context of juvenile justice has a very crucial role in achieving these goals. Children as a vulnerable group require a different legal approach to adults, considering their limitations in terms of experience, cognitive capacity, and physical and emotional development. In dealing with the complexity of juvenile crimes, it is necessary to adopt an approach that is more educational and supportive of children's development, rather than merely punishing.\",\"PeriodicalId\":41277,\"journal\":{\"name\":\"McGill International Journal of Sustainable Development Law and Policy\",\"volume\":\"460 \",\"pages\":\"0\"},\"PeriodicalIF\":0.3000,\"publicationDate\":\"2023-10-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"McGill International Journal of Sustainable Development Law and Policy\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.55908/sdgs.v11i10.1109\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"McGill International Journal of Sustainable Development Law and Policy","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.55908/sdgs.v11i10.1109","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 1

摘要

目的:本研究探讨了青少年司法系统中刑事制裁概念的重建,重点是康复方法和保护儿童权利。理论框架:以国际科学报告、文章和出版物为理论内容的基础。此外,还利用刑事案件的实际材料,更全面、客观地解释正在调查的问题。方法:分析研究对象的经历、观点、认知和社会背景。本研究包括对法律从业人员、法官、社会工作者和与青少年司法案件有关的个人进行访谈,以及从法院判决和相关立法等法律文件中收集数据。数据收集过程首先是选择在少年司法系统中具有知识和经验的关键举报人。结果与结论:研究结果表明,传统的刑事制裁在改变儿童行为方面效果较差,可能会加剧儿童的处境。因此,建议改变少年司法系统中刑事制裁的概念,优先考虑改造、教育和重新融入社会的办法。还强调必须尊重儿童权利、恢复性司法原则和社区保护。与成人司法制度相比,少年司法制度更侧重于改造和教育。最后,少年司法系统中的刑事制裁概念对少年犯改造和保护其权利的有效性具有重大影响,在适用刑事制裁时必须优先考虑改造办法和儿童权利。独创性/价值:少年司法制度是法律制度的一个重要方面,旨在保护、教育和改造涉及犯罪行为的儿童。少年司法背景下的刑事制裁概念在实现这些目标方面具有非常关键的作用。考虑到儿童在经验、认知能力以及身体和情感发展方面的局限性,作为弱势群体的儿童需要采取与成人不同的法律途径。在处理青少年犯罪的复杂性时,有必要采取更多的教育和支持儿童发展的方法,而不仅仅是惩罚。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
查看原文
分享 分享
微信好友 朋友圈 QQ好友 复制链接
本刊更多论文
Study on the Reconstruction of the Concept of Criminal Sanctions in the Juvenile Justice System
Objective: This research examines the reconstruction of the concept of criminal sanctions in the juvenile justice system with a focus on rehabilitative approaches and protecting children's rights. Theoretical framework: International scientific reports, articles, and publications served as the basis for the theoretical contents. Additionally, actual materials from criminal cases were used to explain the issue under investigation in a more thorough and objective manner. Method: Used to analyze the experiences, views, perceptions, and social context involved in the research subjects. This research involved interviews with legal practitioners, judges, social workers, and individuals related to juvenile justice cases, as well as collecting data from legal documents such as court decisions and related legislation. The data collection process begins with the selection of key informants who have knowledge and experience in the juvenile justice system. Results and conclusion: The research findings indicate that traditional criminal sanctions are less effective in changing children's behavior and may exacerbate their situation. Therefore, the recommendation is to change the concept of criminal sanctions in the juvenile justice system to prioritize rehabilitative, educational and social reintegration approaches. The need to respect children's rights, the principles of restorative justice, and community protection are also stressed. Comparison with the adult justice system shows that the juvenile justice system is more focused on rehabilitation and education. In conclusion, the concept of criminal sanctions in the juvenile justice system has a major impact on the effectiveness of the rehabilitation of juvenile offenders and the protection of their rights, with the importance of prioritizing rehabilitative approaches and children's rights in the application of criminal sanctions. Originality/value: The juvenile justice system is an important aspect of the legal system which aims to protect, educate and rehabilitate children involved in criminal acts. The concept of criminal sanctions in the context of juvenile justice has a very crucial role in achieving these goals. Children as a vulnerable group require a different legal approach to adults, considering their limitations in terms of experience, cognitive capacity, and physical and emotional development. In dealing with the complexity of juvenile crimes, it is necessary to adopt an approach that is more educational and supportive of children's development, rather than merely punishing.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
期刊最新文献
Community Participation Forms in Indonesian Villages to Support the Sustainable Development Goals Program Challenges, Practice and Impact of Corporate Social Responsibility on Sustainable Development of Environment and Society Gobernanza de Movilidad Humana. Un Aporte a las Políticas Públicas con Enfoque de Desarrollo Sostenible Local Synergity in the Implementation of Government Agencies Performance Accountability System El Marketing Político en las Elecciones Municipales: Una Mirada Desde Los Andes Del Perú: Abancay - Apurímac 2018
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
已复制链接
已复制链接
快去分享给好友吧!
我知道了
×
扫码分享
扫码分享
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1