Juvenile Law Violators, Human Rights, and the Development of New Juvenile Justice Systems

This volume brings together scholars and practitioners specialising in juvenile justice from the US, Europe, alongside scholars from Africa and Asia who are working on human rights issues in developing countries or countries in transition. The book thus presents two types of papers, the first being descriptive and analytical academic papers on whole systems of juvenile justice or certain parts thereof (e.g., aftercare, restorative justice, etc.). These topics are presented as essential for the development of new juvenile justice systems. The second group of papers deal with efforts to promote reform through international activity (PRI, DCI, DIHR), and through efforts to utilise modern theory in national reforms in developing countries (Malawi, Nepal, and Serbia) or in countries experiencing current or recent political and systemic changes or developments (South Africa, Germany, and Poland). The volume is also intended to throw light on recent trends in juvenile crime in various countries, the relationship between actual developments and popular and political perceptions and reactions to such developments, including the efforts to locate effective alternatives to the incarceration of young offenders. At the same time as the search for such alternatives is being intensified through international exchange and experimentation, the amelioration of harsh measures against juvenile law violators is often countered by political and public outcries for security and demonstrative public intervention against misbehavior. A streak of new moralism is clearly discernable as a counteracting force against more humane reform efforts. The volume throws light on developments in the actual parameters of juvenile offending, public and political demands for security and public intervention, and measures to provide interventions which are at the same time compatible with international human rights instruments.

Table of Contents:
1. Eric L Jensen and Jorgen Jepsen: Introduction Section One: The Practicality of Human Rights-Based Juvenile Justice Systems for Diverse Nations 2. Bruce Abramson: Juvenile Justice: The 'Unwanted Child': Why the potential of the Convention on the Rights of the Child is not being realized, and what we can do about it 3. Charlotte Flindt Pedersen: Support for the Implementation of Humane Responses to Children in Conflict with the Law in DIHR Partner Countries 4. Adam Stapleton: Regional Co-operation and the Spread of New Ideas and Practices 5. Ann Skelton: The South African Child Justice Bill: Transition as Opportunity Section Two: Juvenile Justice Systems 6. Eric L Jensen: An Historical Overview of the American Juvenile Justice System 7. Jose Luis de la Cuesta: The New Spanish Penal System on Delinquency 8. Frieder Dunkel: Juvenile Justice in Germany 9. Krzysztof Krajewski: The Juvenile Justice System in Poland 10. Jerzy Sarnecki: Responses to Juvenile Crime: The Swedish System 11. Jorgen Jepsen: Juvenile Justice in Denmark: From Social Welfare to Repression 12. Kishor Silwal: Juvenile Justice in Nepal: An Overview Section Three: Learning from the Experiences of Diverse Models 13. Lola Valles: The Role of the Police within the Spanish Juvenile Justice System: The Results of Legal Reform in Catalonia 14. Troy L Armstrong: Achieving Positive Results with Serious Juvenile Offenders in a Reintegrative Framework: Strategies Essential for Rehabilitative Effectiveness with the Intensive Aftercare Program (IAP) Model 15. Barbara Mendenhall and James Dumesnil: Exploring Traditional Cultural Mechanisms of Conflict Resolution in American Indian Communities 16. Desmond Kaunda: The Juvenile Justice Forums of Malawi: A Case Study of the Lilongwe Juvenile Justice Forum 17. Ivana Stevanovic: Combining Juvenile Justice with Family Law Reform in Serbia 18. Barry C Feld: The Inherent Tension of Social Welfare and Criminal Social Control: Policy Lessons from the American Juvenile Court Experience 19. Eric L Jensen and Jorgen Jepsen: Conclusions: Themes, Trends, and Challenges