Juvenile Delinquency -Continued
- Importance of Ages
- 16 years- prosecuted as a juvenile
- 13 years- can only be prosecuted for aggravated homicide
- 14-15 years- Only serious crimes (21 categories)
- Juveniles are put into one of two places
- Centers for Social and Legal Aid
- provides temporary shelter until child is sent home or placed into a specialized school
- Specialized Educational Institute
- Placement for children who violate the rules of social behavior or for children who committed actions that are socially dangerous for society.
- Commissions of Minors' Affairs are responsible for helping children who are too young to be prosecuted and for those who are being released from the system
Juvenile Delinquency in Uzbekistan
- Since Uzbekistan has become a dependent country, crime in juvenile defenders has decreased by 53%.
- "The lack of protection of children's rights and compliance with in this international country is often blatant and severe."
- "The new Code of Criminal Procedure, for example, requires that juveniles detained before trial be separated from adults; it specifies that an attorney must be appointed if a juvenile suspect or accused has not retained one; and it exempts juveniles suspected of serious crimes from solitary confinement" ( UNICEF pg. 16).
Authoritarianism -Overview
- According to Aristotle, the state is primary and the individual and the family are part of the state. The proper function of the human being is fulfilled because of the state. The individual is meaningless without the state.
- According to Plato, people are destined to different classes according to the talents and skills they are born with. Therefore, human beings are not equal.
Authoritarianism - Uzbekistan
Authoritarianism- Conclusion
- According to Plato, for an ideal society, everyone over the age of ten would be kicked out and then the children would begin to learn how the ideal society should work.
- Uzbekistan helps kids who are committing crimes be able to rehabilitate in an educational institute in order to try and change their ways.
Conclusion
- When Cuban jurors approach a case, they think of it in different contexts, these include political, social and economic.
- When a minor is charged with a crime, an investigation takes place to look at the his/her family background and decide whether it was his/her fault or a social issue by the way he/she was raised.
- They believe the only way to solve these problems is to improve the human condition.
- Cubans focus on promoting norms of gender equality to deter violence against women.
- Much focus is put on preventing juvenile delinquency and not stigmatizing deviant youth.
- Every few years there are new laws stated in order to help prevent juvenile delinquency. Most recently they instated a parent obligation law.
- The parent obligation law states that it is the parents job to provide more than just food, shelter and clothing.
- Charges are only brought against youths if the crimes are considered "antisocial" and very dangerous.
Individualist Democracy- United States of America
Of course there are many problems in the communist country of Cuba, like every country. However, how they are handling juvenile delinquency is commendable for such a small, developing country. Their efforts now will show through in the years to come.
Communism In the Modern World - Cuba
Basics of Communism
Individualist Democracy- In the United States
- The Communist Party of Cuba, referred to as the PCC in Spanish, is the only legal political party in Cuba.
- Other parties that try to campaign can be deemed "counter-revolutionary."
- Created under the Marxist-Leninist model.
- Maintain a stricter regime, closer to Marx's original theories and the Soviet model.
- However, Raul Castro has started to "renew" the economic market, which is leading the government towards a more Deng/Chinese model.
- The foundation of communism is communal living. There are no social classes.
- Everything is communally owned and if executed properly, everyone gets exactly what they need in order to live comfortably.
- Communism was created in order to get rid of the Bourgeoisie, or ruling class that owns means of production. It's goal is the rise of the proletariat, or working class.
- Karl Marx and Friedrich Engels wrote The Communist Manifesto, the origin of the idea of communism.
- In the end, communism would get rid of sexism, racism, class war and oppression.
- Two political parties
- Republicans
- Democrats
- Every four years, those who are over 18 years old are allowed to vote in presidential election.
- Relating to the topic: Those who are under the age of 18 years old are usually tried tried as juveniles. If the crime is severe enough, they will be tried as an adult.
Juvenile Delinquency
Cohen: "Problems facing an entire community can be solved democratically only when the community acts as a whole. Collective action...is not a departure from democracy but its fulfillment."
Rousseau- “In any case, frequent punishments are a sign of weakness or slackness in the government. There is no man so bad that he cannot be made good for something. No man should be put to death, even as an example, if he can be left to live without danger to society.”
Rawls- "...each person is to have an equal right to the most extensive basic liberty compatible with a similar liberty for others...social and economic inequalities are to be arranged so that they are both (a) reasonably expected to be to everyone's advantage, and (b) attached to positions and offices open to all."
Juvenile Delinquency in Cuba
"If the youth fail, we all fail."
- Cuba has many concerns because of their history with child labor, illiteracy, and delinquency.
- Cuba is still considered a developing country. Even with all the government programs, there are still many that are touched by poverty.
- This poverty causes crimes from petty stealing to gangs and murder.
Socialist Democracy
Communism
- Education and prevention rule over punishment in every aspect of the youth's lives.
- Cubans believe ordinary crimes are a result of a social condition, which follows Marx's theories.
- The budget for education is 13.5%, which is high, particularly for a very small country. The United States only spends 2% (as of 2012).
- Sex education, public health (drug abuse), and principles of nonviolence are taught in the curriculum every year and made appropriate for the age group.
A political movement centered around reformist and gradualist systems.
Socialist democrats believe the economy and society should function democratically in order to meet the needs of the public instead of solely benefiting the elite
- People's Republic of China
- Democratic People's Republic of Korea (North Korea)
- Socialist Republic of Vietnam
- Lao People's Democratic Republic (Laos)
- Republic of Cuba
Individualist Democracy- Overview
Socialist Democracy
"There is no punishment in Norway for crimes committed by children under 15 years old."
"Police evidence is turned over to the social workers, not for prosecution, but for "treatment.'"
- According to Locke, the state of nature is a state of liberty and equality under law.
- In the state of nature, individuals are guaranteed the right of life, liberty and property.
- Citizens have the right to judge and punish violations to the three rights.
- People join together in order to protect their property, their lives, and their liberty.
- The focus is on what is better for the majority.
- According to Cohen, the chief business of government is to safeguard the opportunities of the citizens to conduct their own business without interference.
"To grow up in Norway is to grow up loved and protected."
Individualist Democracy- A Look into the System
Juvenile cases are transferred to the barnevern which translated means literally child protection
There is no separate juvenile justice system in Norway
Socialist Democracy
1) The barnevern will take emergency custody of the youth and put them in a youth home.
2) If the parents don't consent to the child being placed in custody, there will be a meeting of the child welfare committee in which an attorney will represent the parents for free
3) The committee will hear the arguments for both sides and will not look at the evidence of the case because what is important is what's best for the child
Restorative Justice- eliminate shame, focus on the needs of the victim, offender, and society rather than "punishing the offender and satisfying the abstract legal principles."
"Based on a theory that considers crime to be an offense against an individual or community rather than the state."
Individualist Democracy- Conclusion
Abolish all private property-- all jails are run by the government and none are privately owned
The criminals are no longer the only ones who profit off crime-- now it is rich men in nice suits.
Reform and restore rather than punish and cripple.
- If a Juvenile violates someone's rights, they are allowed to receive a punishment that is fit for the crime.
- According to Mill, when people are performing foolish actions, it makes sense to let the person know about our judgments and the reasons behind it.
- Therefore, as long as people have a reason for the judgment, then the person can be on the receiving hand of it.
Juvenile Justice
A look at the incarceration of juveniles in the different forms of government.