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Foreword
5
Biographical Notes
8
Contents
10
Contributors
12
Trends in Youth Offending in Europe
14
Problems in Analysing the Trend of Youth Offending in Europe
14
The Use of Data to Establish Trends in Juvenile Crime
15
Official Statistics
16
Data from Victimisation Surveys
23
Comparison of Official to Victimisation Data
24
Conclusion
30
The UN Convention on the Rights of the Child
31
Introduction
31
Young People’s Rights in Juvenile Justice: Objectives, Principles and Ages
33
The Young People’s Rights in Juvenile Justice: What Are They?
36
Some Concluding Remarks
43
Young People’s Rights: The Role of the Council of Europe
44
The Recommendation on “New Ways of Dealing with Juvenile Delinquency and the Role of Juvenile Justice”
44
The European Rules for Juvenile Offenders Subject to Sanctions and Measures of 2008
45
Criminal Responsibility of Adolescents: Youth as Junior Citizenship
56
Historical Introduction
58
Legal Regulations
59
Practical Implications
64
Scientific Evidence
71
Adolescence as Junior Status in Law
76
Conclusions
77
Parental Responsibility for Youth Offending
79
Introduction
79
Parental Responsibility Laws in England and Wales
80
Parenting Orders in Other Jurisdictions
82
Parenting and Youth Offending
83
Parenting Orders in Practice
87
The Duty of the State to Support Families in Crisis
90
Conclusion
93
Juvenile Transfer in the United States
94
Children and Adolescents in the Early Juvenile Court
94
1960s–1990s: Crisis and Change
97
The Criminalization of Juvenile Justice
98
Towards a Revitalized Juvenile System and Reversal of Transfer Reforms
101
Implications for Policy
109
Cases Cited
111
References
111
Transfer of Minors to the Criminal Court in Europe: Belgium and the Netherlands
114
Europe
115
The Netherlands
118
Belgium
124
Conclusions and Recommendations
133
The Prevention of Delinquent Behaviour
134
Causes of Serious Delinquent Behaviour
135
Crime and Other Adverse Outcomes
141
A Global Causal Picture
142
Prediction and Prevention
143
Early Prevention for Families and Children
145
Early Intervention: For Whom?
147
The State of the Art
149
Conclusions
153
Diversion: A Meaningful and Successful Alternative to Punishment in European Juvenile Justice Systems
155
Diversion: Historical Aspects and International Instruments
155
Theoretical Background
157
Legal Provisions for Diversion
157
Examples of Diversion in Practice: The Case of Germany
158
The Practice of Diversion in Other European Countries
162
What Works with Diversion? Recidivism After Non- Intervention or After Punishment
167
Diversion and ‘Zero Tolerance’: A Contradiction?
169
Outlook
170
Restorative Justice and Youth Justice: Bringing Theory and Practice Closer Together in Europe
172
Defining Restorative Justice
173
Restorative Justice in Practice
176
Conclusions
187
Community Sanctions and the Sanctioning Practice in Juvenile Justice Systems in Europe
190
Introduction
190
Sanction Systems in European Juvenile Laws
191
New Alternatives: Inventions of the 1980s
196
Sanctioning Practice in Juvenile Justice Systems, Particularly of Youth Courts in Selected European Countries
197
Summary and Outlook
210
Custodial Establishments for Juveniles in Europe
212
International Law
212
Age Ranges
213
Types of Establishment
213
Specialised Prisons
214
Adult Prisons
214
Establishments Outside the Prison System
215
What are the Characteristics of These Kinds of Custodial Establishments for Juveniles?
215
Key Issues
217
Conclusions
220
Reforming Juvenile Justice: European Perspectives
222
Introduction
222
Young People’s Rights in Juvenile Justice
226
The Age of Criminal Responsibility
227
The Transfer of Minors to the Criminal Court
231
Parental Responsibility
232
The Prevention of Juvenile Delinquency
233
Detention of Juvenile Offenders
235
Diversion
237
Restorative Justice
238
Conclusions
239
Bibliography
241
Index
261
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