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 children in the literature. Scholars from Africa, Latin America and Asia, as well as Europe, North America and Oceania provide perspectives from legally, socially and culturally distinct jurisdictions. The first part focuses on the theoretical framework and explores the applicable standards and principles, including the relevant human rights framework and penological approaches to sentencing children for serious crimes. The second part analyses available empirical evidence, including evidence relating to the profiles of children who commit serious crimes, child and adolescent development, effective sentencing approaches and evidence of disparities in responses to serious offending by children. The third part provides a discussion of justice system responses to serious offending by children in a range of jurisdictions or regions with diverse and distinct legal, social and cultural contexts. Finally, the book uses the theoretical framework, empirical evidence, and case studies of jurisdictions to reflect on how principles relating to responses to serious offending by children can be translated into practice, and to highlight key debates and issues that will need to be explored into the future.
Adding much-needed international perspectives to the scholarship addressing the issue, this book will be of great interest to academics, students, legal practitioners and social work professionals working on youth justice and children’s rights across the globe.
Nessa Lynch, Yannick van den Brink, Louise Forde
PART I: PRINCIPLES
2. International Children’s Rights Principles and Responses to Serious Offending by Children
Recent developments, topical issues and global challenges
Ursula Kilkelly, Ton Liefaard
3. Punishing Children: The Application of Sentencing Theory and Principles to Children Who Offend
PART II: EVIDENCE
4. Profiles of Children Who Commit Serious Offences
Jerome Reil, Ian Lambie
5. A Developmental Perspective on Children Who Commit Serious Violent Offences: From Science to Standards
Eva Schmidt, Ann Skelton
6. Effective Sentences for Children Who Commit Serious Offences – What Does the Evidence Tell Us?
Jessica Asscher, Hanneke Creemers
7. Disparities in Responses to Children Who Commit Serious Offences: What Does the Evidence Tell Us?
Yannick van den Brink, Louise Forde, Patricia Burghout, Daphne Beljaars
PART III: GLOBAL PRACTICE
8. Australia & New Zealand – Penal Responses to Children Who Commit Homicide: A View From the Southern Hemisphere
Faith Gordon, Nessa Lynch
9. Brazil – Children Who Commit Serious Crimes in Brazil: An Overview of the Juvenile Justice System's Response
Eduardo Rezende Melo
10. China – China’s Responses to Minors Who Commit Serious Crimes
Ting He, Lida Wang
11. Ghana – Indigenous Legal Principles and Child Rights: Reflections on Responses to Serious Offending by Children in Ghana
Emmanuel A. Sowatey and Mabel Ama Pinkrah
12. India – "Defeating the Ends of Juvenile Justice?": An Exploration of the Juvenile Justice Law in India and its Implications for Children Who Commit Serious Offences
Bharti Ali, Enakshi Ganguly
13. Iran – Criminal Responses to Serious Violent Crimes in Child Justice System in Iran
14. Northwestern Europe – Responses to Serious Offending by Children in Northwestern Europe
Eva Huls, Stephanie Rap, Yannick van den Brink
15. South Africa - Responding to Children Who Commit Serious Offences: The South African Approach
16. United States - Responses to Children Who Commit Serious Offending in the United States
Marsha Levick, Susan Vivien Mangold,
PART IV: CONCLUSION
17. Towards Principled and Evidence-Based Practices – Advancing the Agenda
Louise Forde, Yannick van den Brink, Nessa Lynch