International International Instruments Instruments on on Juvenile JusticeJuvenile Justice

The New MillenniumThe New Millennium“One of the most remarkablefindings in Neuro-Biology ofthe last decade is the EXTENT OF CHANGEthat can occur in the adolescent brain.”

National Research CouncilForum on Adolescence,1999.

Neocortex

Limbic

Diencephalon

Brainstem

Abstract Thought

Concrete Thought

Affiliation

"Attachment"

Sexual Behavior

Emotional Reactivity

"Arousal"

Appetite/Satiety

Blood Pressure

Heart Rate

Body Temperature

Sleep

Motor Regulation

C

O

M

P

L

E

X

I

T

Y

Courtesy of Bruce Perry, M.D., Ph.D.

The Teen BrainThe Teen Brain

The brain of The brain of adolescents are not adolescents are not yet matureyet mature

Both gray and Both gray and white matter white matter undergo extensive undergo extensive structural changes structural changes well past pubertywell past puberty

Functions of the Neo-cortexFunctions of the Neo-cortex(Last part of the brain to develop)(Last part of the brain to develop)

Planning Planning ReasoningReasoning Impulse Impulse

ControlControl Thinking Thinking

AheadAhead

Regulation of Regulation of EmotionsEmotions

Learning from Learning from ExperienceExperience

Weighing of Weighing of risks andrisks and rewardsrewards

The Adolescent BrainThe Adolescent Brain

Use an alternative part of Use an alternative part of the brainthe brain

(amygdala- seat of (amygdala- seat of emotions)emotions)

Poor control Poor control

increase in impulsivityincrease in impulsivity

Casey, BJ, Getz, S, Galvan, A. “The Adolescent Brain. Developmental Review 28 (2008) 62-77

“Basic intellectual abilities reach adultlevels (around 16 years) before the process of psycho-social maturation is complete.”

Steinberg (2008)Dev Review 28; 88-106

ImmaturityGAP

The Adolescent The Adolescent BrainBrain

Impulsive reward-seeking Impulsive reward-seeking behavior (short-term)behavior (short-term)

Susceptibility to peer Susceptibility to peer pressure (peak at 14 pressure (peak at 14 years) e.g. commit crimes years) e.g. commit crimes together with peers.together with peers.

Poor decision-making- Poor decision-making- inexperience, minimal inexperience, minimal consideration of negative consideration of negative consequences, consequences, emotionalityemotionality

Toxic Stress Damages Brain Toxic Stress Damages Brain ArchitectureArchitecture

• Excessive and repeated stress causes the release of chemicals that impair cell growth and interfere with the formation of healthy neural circuits in the brain

• Toxic stress can damage the brain's stress response system and contribute to premature ageing of the body

Healthy brain

Abused brain

Predictors of subsequent juvenile offending of maltreated children

SOURCE: Stewart, A., Dennison, S. & Waterson, E. 2002, “Pathways from Child Maltreatment to Juvenile Offending”, Trends and Issues in Crime and Criminal Justice, no. 241, Australian Institute of Criminology, Canberra.

Full report available on AIC web site: http://www.aic.gov.au/publlications/tandi/ti241.pdf

ConventionsConventions

Convention on the Rights of the Child Convention on the Rights of the Child (CRC)(CRC)

International Covenant on Civil and International Covenant on Civil and Political Rights (ICCPR)Political Rights (ICCPR)

Convention against Torture (CAT)Convention against Torture (CAT)

Rules and Guidelines Rules and Guidelines

UN Standard Minimum Rules for the UN Standard Minimum Rules for the Treatment of PrisonersTreatment of Prisoners

UN Standard Minimum Rules for the UN Standard Minimum Rules for the Administration of Juvenile Justice Administration of Juvenile Justice (Beijing Rules) (Beijing Rules)

UN Guidelines for the Prevention of UN Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Juvenile Delinquency (the Riyadh Guidelines) Guidelines)

UN Rules for the Protection of UN Rules for the Protection of Juveniles Deprived of their Liberty Juveniles Deprived of their Liberty (the Havana Rules)(the Havana Rules)

Guidelines for Action on Children in Guidelines for Action on Children in the Criminal Justice System (the the Criminal Justice System (the Vienna Guidelines) Vienna Guidelines)

United Nations Rules for the United Nations Rules for the Treatment of Women Prisoners and Treatment of Women Prisoners and Non-custodial Measures for Women Non-custodial Measures for Women Offenders (the Bangkok Rules)Offenders (the Bangkok Rules)

CRC General Comments CRC General Comments

General Comment No. 10 on children’s rights in juvenile justice

General Comment No. 13 on the rights of the child to freedom from all violence

CRCCRC

Article 37 - protection from tortureArticle 37 - protection from torture Article 39 - rehabilitation and social Article 39 - rehabilitation and social

reintegration of childrenreintegration of children Article 40 - administration of juvenile Article 40 - administration of juvenile

justicejustice 4 Principles: Survival & Development, 4 Principles: Survival & Development,

Nondiscrimination, Best interests, Child Nondiscrimination, Best interests, Child participation participation

Riyadh GuidelinesRiyadh GuidelinesUN Standards for the Prevention of Juvenile Delinquency UN Standards for the Prevention of Juvenile Delinquency

(1990) (1990)

•Prevention is for all children, not only child offenders

• Adopt a child-centered orientation and favour preventative programmes that focus on the well-being and development of children

• Call for the decriminalization of status offences

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The Beijing Rules (UN Standard Minimum Rules The Beijing Rules (UN Standard Minimum Rules for the Administration of JJ, 1985) for the Administration of JJ, 1985)

Set standards for the administration of Set standards for the administration of juvenile justicejuvenile justice

Promote a separate and specialized system Promote a separate and specialized system of juvenile justiceof juvenile justice

Beijing Rules: 6 PartsBeijing Rules: 6 Parts

Part 1: Fundamental principlesPart 1: Fundamental principlesPart 2: Investigation and ProsecutionPart 2: Investigation and ProsecutionPart 3: Adjudication and DispositionPart 3: Adjudication and DispositionPart 4: Non-institutional treatmentPart 4: Non-institutional treatmentPart 5: Institutional treatmentPart 5: Institutional treatmentPart 6: Research, planning, policy Part 6: Research, planning, policy formulation and evaluationformulation and evaluation

Beijing Rules: Fundamental Beijing Rules: Fundamental PrinciplesPrinciples

Encourages fair and humane juvenile justice systemsEncourages fair and humane juvenile justice systems Emphasizes the well-being of the childEmphasizes the well-being of the child The reaction of the authorities is proportionate to theThe reaction of the authorities is proportionate to the circumstances of the offender as well as the offencecircumstances of the offender as well as the offence Proceedings should be conducted in the best Proceedings should be conducted in the best

interests of the childinterests of the child The use of diversion (with child’s consent) toThe use of diversion (with child’s consent) to appropriate community programmesappropriate community programmes The use of deprivation of liberty as a measure of last The use of deprivation of liberty as a measure of last

resort and for the shortest period of timeresort and for the shortest period of time

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Beijing Rules:Beijing Rules:Investigation and ProsecutionInvestigation and Prosecution

Notification of parents or guardians without undue Notification of parents or guardians without undue delaydelay

Judicial consideration of release without undue Judicial consideration of release without undue delaydelay

Respect for the legal status of the child at all timesRespect for the legal status of the child at all times Consideration of disposal of the case without Consideration of disposal of the case without

recourse to formal hearingsrecourse to formal hearings Referral to the community or other services requires Referral to the community or other services requires

consent of the child or of parents or guardians consent of the child or of parents or guardians Provision for temporary supervision and guidance, Provision for temporary supervision and guidance,

restitution and compensation of victimsrestitution and compensation of victims

Beijing Rules:Beijing Rules: Diversion Diversion

Diversion may be used at any time during Diversion may be used at any time during the decision making process the decision making process

Importance of obtaining the consent of the Importance of obtaining the consent of the child or his or her parent or guardian to the child or his or her parent or guardian to the recommended diversionary processrecommended diversionary process

At any stage of criminal proceedingsAt any stage of criminal proceedings

Benefits of Diversion Benefits of Diversion

Rights perspectiveRights perspective Economic perspectiveEconomic perspective Child development Child development Public safety Public safety Victim impactVictim impact Community Community Professionalism/job satisfaction Professionalism/job satisfaction

UNICEF, 2009UNICEF, 2009 Evidence from a range of project reviews, evaluations and meta-

analyses show that such programmes can reduce offending by up to 70%, depending on the quality of the programme.

Some studies show that even poor quality programmes perform no worse than detention in terms of recidivism, and often better, although care must be taken to avoid 'net-widening'.

However, the greatest gains are to be made with high quality, well-targeted, well-resourced and well-supported programmes which are child rights-based.

From a random selection of 44 studies, evaluations or meta-analyses of diversion and alternatives programmes, 31.8% showed evidence of ‘significant’ reduced recidivism, 22.7% showed evidence of ‘somewhat’ reduced recidivism, 11.4% showed no evidence of reduced recidivism, 2.3% cited programmes in general which do not have an effect in this area, and 31.8% showed inconclusive or mixed findings.

Beijing Rules: Beijing Rules: Adjudication and DispositionAdjudication and Disposition

• Fair and just trial (due process rights)

• Importance of finding a solution that will reflect proportionality between the offence, the interests of the child and of society

• The background and circumstances in which the child is living or the conditions under which the offence has been committed shall be properly investigated so as to facilitate judicious adjudication of the case

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Beijing Rules:Beijing Rules:Deprivation of LibertyDeprivation of Liberty

•Detention pending trial should be used only as a measure of last resort and for the shortest possible period of time

•Detention pending trial should wherever possible be replaced by alternative measures

•Children in detention pending trial shall be kept separate from adults

•While in custody, children shall receive care, protection and all necessary individual assistance that they may require in view of their age, gender...

Havana Rules (The UN Rules for the Havana Rules (The UN Rules for the Protection of Juveniles Deprived of their Protection of Juveniles Deprived of their

Liberty, 1990) Liberty, 1990) Standards applicable when a child (any person Standards applicable when a child (any person

under the age of 18) is confined to any institution under the age of 18) is confined to any institution or facility by order of any judicial, administrative or facility by order of any judicial, administrative or other public authority or other public authority

Deprivation of liberty must be a last resort, for Deprivation of liberty must be a last resort, for the shortest possible period of time, and limited the shortest possible period of time, and limited to exceptional casesto exceptional cases

Where deprivation of liberty is unavoidable, theWhere deprivation of liberty is unavoidable, the

following conditions should be fulfilled: following conditions should be fulfilled:

Priority should be given to a speedy trial to avoid Priority should be given to a speedy trial to avoid unnecessarily lengthy detention periods unnecessarily lengthy detention periods

Children should not be detained without a valid Children should not be detained without a valid commitment order commitment order

Small, open facilities should be established with Small, open facilities should be established with minimal security measures minimal security measures

Deprivation of liberty should only be in facilities that Deprivation of liberty should only be in facilities that guarantee meaningful activities and programmes guarantee meaningful activities and programmes promoting the health, self-respect and responsibility of promoting the health, self-respect and responsibility of children children

Food, clean drinking water and bedding must be Food, clean drinking water and bedding must be available; clothing should be suitable for the climate and available; clothing should be suitable for the climate and medical care should be adequate medical care should be adequate

Contact with family members and children should be Contact with family members and children should be permittedpermitted

Education should take place in the community and Education should take place in the community and children should have the opportunity to work within the children should have the opportunity to work within the community community

Juvenile justice personnel should receive appropriate Juvenile justice personnel should receive appropriate trainingtraining

Qualified independent inspectors should conduct regular Qualified independent inspectors should conduct regular inspections inspections

The UN Minimum Rules for Non-Custodial The UN Minimum Rules for Non-Custodial Measures: the ‘Tokyo Rules’ (1990)Measures: the ‘Tokyo Rules’ (1990)

Encourage the development of non-custodialEncourage the development of non-custodialmeasures at pre-trial, trial and sentencing stages measures at pre-trial, trial and sentencing stages for all, including children, and cover post trial issuesfor all, including children, and cover post trial issuessuch as:such as: Verbal sanctions such as admonition, reprimand and Verbal sanctions such as admonition, reprimand and

warningwarning Conditional dischargeConditional discharge Status penaltiesStatus penalties Economic sanctions and monetary penalties such as Economic sanctions and monetary penalties such as

fines and day-finesfines and day-fines 1414

The UN Minimum Rules for Non-Custodial The UN Minimum Rules for Non-Custodial Measures: the ‘Tokyo Rules’ (1990)Measures: the ‘Tokyo Rules’ (1990)

Confiscation or an expropriation orderConfiscation or an expropriation order Suspended or deferred sentenceSuspended or deferred sentence Probation and judicial supervisionProbation and judicial supervision Community service orderCommunity service order Referral to an attendance centreReferral to an attendance centre House arrestHouse arrest Any other mode of non-institutional treatmentAny other mode of non-institutional treatment Some combination of the measures listed aboveSome combination of the measures listed above

The Standard Minimum Rules for the The Standard Minimum Rules for the Treatment of PrisonersTreatment of Prisoners

Separation of child prisoners from adults Separation of child prisoners from adults

Guidance on the treatment of prisoners Guidance on the treatment of prisoners and the management of institutionsand the management of institutions

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Vienna Guidelines (UN Guidelines for Action on Children in the Vienna Guidelines (UN Guidelines for Action on Children in the Criminal Justice System,1997) Criminal Justice System,1997)

Implement the CRC and to pursue the goals therein in the administration of juvenile justice, as well as to use and apply the UN standards and norms ;

Facilitate the provision of assistance to States parties for the effective implementation of the CRC and related instruments.

Vienna GuidelinesVienna Guidelines Effective birth registration systemsEffective birth registration systems Comprehensive child-centred juvenile

justice policy and process Independent expert should review

existing and proposed juvenile justice laws and their impact on children

No child who is under the legal age of criminal responsibility should be subject to criminal charges;

Vienna GuidelinesVienna Guidelines

Juvenile courts and special procedures Diversion or other alternative initiatives Placement of children in closed

institutions should be reduced. An independent body to monitor and

report regularly on conditions in custodial facilities should be established

Who’s to Blame? Who’s to Blame?

We read in the papers and hear on the air Of killing and stealing and crime everywhereWe sigh and say as we notice the trend,This young generation where will it end? But can we be sure it’s their fault aloneAre we less guilty who place in their wayToo many things that lead them astray

Too much money, too much idle timeToo many movies of passion and crimeToo many books not fit to readToo much evil in what they hear and saidToo many children encouraged to roamToo many parents who won’t stay home 

Kids don’t make the movies, They don’t write the booksThey don’t paint gay pictures of gangsters and crooksThey don’t make the liquor, and they don’t run the barsThey don’t make the laws and they don’t make the carsThey don’t make the drugs that muddle the brainThat’s done by older folks greedy for gain

Delinquent teenagers oh how we condemnFor the sins of the nation and blame it on them

By the laws of the blameless “Someone” made knownWho is there among us to cast the first stoneFor in some many cases, it’s sad but it’s trueThe title delinquent fits older folks too

Written by Judge Angelo D. Malandra, Juvenile and Domestic Relations Court, Camden Country, New Jersey, USA