Children’s Rights and the Minimum Age of Criminal Responsibility
Children’s Rights and the Minimum Age of Criminal Responsibility

Author: Don Cipriani

Publisher: Routledge

Published: 2016-05-23

Total Pages: 253

ISBN-13: 1317167597

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Children of almost any age can break the law, but at what age should children first face the possibility of criminal responsibility for their alleged crimes? This work is the first global analysis of national minimum ages of criminal responsibility (MACRs), the international legal obligations that surround them, and the principal considerations for establishing and implementing respective age limits. Taking an international children's rights approach, with a rich theoretical framework and the vitality of the UN Convention on the Rights of the Child, this work maintains a critical perspective, such as in challenging the assumptions of many children's rights scholars and advocates. Compiling the age limits and statutory sources for all countries, this book explains the broad historical origins behind most of them, identifying the recurring practical challenges that affect every country and providing the first comprehensive evidence that a general principle of international law requires all nations, regardless of their treaty ratifications, to establish respective minimum age limits.

Children’s Rights and the Minimum Age of Criminal Responsibility
Children’s Rights and the Minimum Age of Criminal Responsibility

Author: Dr Don Cipriani

Publisher: Ashgate Publishing, Ltd.

Published: 2013-02-28

Total Pages: 407

ISBN-13: 1409496635

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Children of almost any age can break the law, but at what age should children first face the possibility of criminal responsibility for their alleged crimes? This work is the first global analysis of national minimum ages of criminal responsibility (MACRs), the international legal obligations that surround them, and the principal considerations for establishing and implementing respective age limits. Taking an international children's rights approach, with a rich theoretical framework and the vitality of the UN Convention on the Rights of the Child, this work maintains a critical perspective, such as in challenging the assumptions of many children's rights scholars and advocates. Compiling the age limits and statutory sources for all countries, this book explains the broad historical origins behind most of them, identifying the recurring practical challenges that affect every country and providing the first comprehensive evidence that a general principle of international law requires all nations, regardless of their treaty ratifications, to establish respective minimum age limits.

The Age of Culpability
The Age of Culpability

Author: Gideon Yaffe

Publisher: Oxford University Press

Published: 2018

Total Pages: 252

ISBN-13: 019880332X

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Why be lenient towards children who commit crimes? Reflection on the grounds for such leniency is the entry point into the development, in this book, of a theory of the nature of criminal responsibility and desert of punishment for crime. Gideon Yaffe argues that child criminals are owed lesser punishments than adults thanks not to their psychological, behavioural, or neural immaturity but, instead, because they are denied the vote. This conclusion is reached through accounts of the nature of criminal culpability, desert for wrongdoing, strength of legal reasons, and what it is to have a say over the law. The centrepiece of this discussion is the theory of criminal culpability. To be criminally culpable is for one's criminal act to manifest a failure to grant sufficient weight to the legal reasons to refrain. The stronger the legal reasons, then, the greater the criminal culpability. Those who lack a say over the law, it is argued, have weaker legal reasons to refrain from crime than those who have a say. They are therefore reduced in criminal culpability and deserve lesser punishment for their crimes. Children are owed leniency, then, because of the political meaning of age rather than because of its psychological meaning. This position has implications for criminal justice policy, with respect to, among other things, the interrogation of children suspected of crimes and the enfranchisement of adult felons.

Children’s Rights and the Minimum Age of Criminal Responsibility
Children’s Rights and the Minimum Age of Criminal Responsibility

Author: Don Cipriani

Publisher: Routledge

Published: 2016-05-23

Total Pages: 282

ISBN-13: 1317167589

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Children of almost any age can break the law, but at what age should children first face the possibility of criminal responsibility for their alleged crimes? This work is the first global analysis of national minimum ages of criminal responsibility (MACRs), the international legal obligations that surround them, and the principal considerations for establishing and implementing respective age limits. Taking an international children's rights approach, with a rich theoretical framework and the vitality of the UN Convention on the Rights of the Child, this work maintains a critical perspective, such as in challenging the assumptions of many children's rights scholars and advocates. Compiling the age limits and statutory sources for all countries, this book explains the broad historical origins behind most of them, identifying the recurring practical challenges that affect every country and providing the first comprehensive evidence that a general principle of international law requires all nations, regardless of their treaty ratifications, to establish respective minimum age limits.

Criminal Law and the Rights of the Child in Muslim States
Criminal Law and the Rights of the Child in Muslim States

Author: Nisrine Abiad

Publisher: BIICL

Published: 2010

Total Pages: 404

ISBN-13: 9781905221455

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This book is based on a project on the "Rights of the Child in Criminal Law in Iran and Other Muslim States," carried out by The British Institute of International and Comparative Law. The goal of this project is to enhance the implementation of non-discriminatory laws relating to children in Muslim States' criminal justice systems, through training, research, and providing support to advocacy work. The book is the result of a comparative study on the age of criminal liability in Muslim States, aimed at providing strong material for advocacy and research on the subject. National Rapporteurs from Muslim and European States have participated in completing a questionnaire on the subject. The countries involved in the study include Afghanistan, Egypt, Iran, Malaysia, Nigeria, United Arab Emirates, Pakistan, Spain, as well as the UK. In order to place the study in context, it also features chapters covering the history of child criminal law, and an introduction to Islamic criminal law as it

The Age of Criminal Responsibility
The Age of Criminal Responsibility

Author: Australian Institute of Criminology

Publisher:

Published: 2005

Total Pages: 1

ISBN-13:

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Since the year 2000, some jurisdictions have revised their legislation, confirming a trend over the last 20 years to uniformity in age limits for criminal responsibility. This bulletin includes a table which sets out, for each Australian jurisdiction, the age up to which a child cannot be charged with a criminal offence; the age range within which children are considered 'doli incapax', or incapable of committing crime; and the maximum age for appearance in a children's, juvenile or youth court. In the Australian Capital Territory, the Criminal Code 2002 Div 2.3.1 now deals with the criminal responsibility of children. From 1 July 2005 in Victoria, the age jurisdiction of the criminal division of the Children's Court has increased from 17 to 18 years. In Queensland, for the purposes of the Juvenile Justice Act 1992 a child is a person who has not turned 17 years. Recent Australian reviews have discussed amending the doli incapax presumption, including reversing the onus of proof and changing its application to ages twelve and under.

Monitoring State Compliance with the UN Convention on the Rights of the Child
Monitoring State Compliance with the UN Convention on the Rights of the Child

Author: Ziba Vaghri

Publisher: Springer Nature

Published: 2022-01-03

Total Pages: 429

ISBN-13: 3030846474

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This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.

The Oxford Handbook of Children's Rights Law
The Oxford Handbook of Children's Rights Law

Author: Jonathan Todres

Publisher: Oxford University Press

Published: 2020-02-19

Total Pages: 797

ISBN-13: 0190097620

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Children's rights law is a relatively young but rapidly developing discipline. The U.N. Convention on the Rights of the Child, the field's core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children's rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world's population and every human being's first stages of life. Now thirty years old, the Convention on the Rights of the Child (CRC) signalled a definitive shift in the way that children are viewed and understood--from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children's rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached a state in the evolution of children's rights in which we need more critical evaluation and assessment of the CRC and the large body of children's rights law and policy that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children's rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children's rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children's rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children's rights law.

Juvenile Crime, Juvenile Justice
Juvenile Crime, Juvenile Justice

Author: Institute of Medicine

Publisher: National Academies Press

Published: 2001-06-05

Total Pages: 405

ISBN-13: 0309172357

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Even though youth crime rates have fallen since the mid-1990s, public fear and political rhetoric over the issue have heightened. The Columbine shootings and other sensational incidents add to the furor. Often overlooked are the underlying problems of child poverty, social disadvantage, and the pitfalls inherent to adolescent decisionmaking that contribute to youth crime. From a policy standpoint, adolescent offenders are caught in the crossfire between nurturance of youth and punishment of criminals, between rehabilitation and "get tough" pronouncements. In the midst of this emotional debate, the National Research Council's Panel on Juvenile Crime steps forward with an authoritative review of the best available data and analysis. Juvenile Crime, Juvenile Justice presents recommendations for addressing the many aspects of America's youth crime problem. This timely release discusses patterns and trends in crimes by children and adolescentsâ€"trends revealed by arrest data, victim reports, and other sources; youth crime within general crime; and race and sex disparities. The book explores desistanceâ€"the probability that delinquency or criminal activities decrease with ageâ€"and evaluates different approaches to predicting future crime rates. Why do young people turn to delinquency? Juvenile Crime, Juvenile Justice presents what we know and what we urgently need to find out about contributing factors, ranging from prenatal care, differences in temperament, and family influences to the role of peer relationships, the impact of the school policies toward delinquency, and the broader influences of the neighborhood and community. Equally important, this book examines a range of solutions: Prevention and intervention efforts directed to individuals, peer groups, and families, as well as day care-, school- and community-based initiatives. Intervention within the juvenile justice system. Role of the police. Processing and detention of youth offenders. Transferring youths to the adult judicial system. Residential placement of juveniles. The book includes background on the American juvenile court system, useful comparisons with the juvenile justice systems of other nations, and other important information for assessing this problem.

The United Nations Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child

Author: Ton Liefaard

Publisher: BRILL

Published: 2016-11-01

Total Pages: 964

ISBN-13: 9004295054

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In 2014 the world’s most widely ratified human rights treaty, one specifically for children, reached the milestone of its twenty-fifth anniversary. The UN Convention on the Rights of the Child was adopted after the fall of the Berlin Wall, and in the time since then it has entered a new century, reshaping laws, policies, institutions and practices across the globe, along with fundamental conceptions of who children are, their rights and entitlements, and society’s duties and obligations to them. Yet despite its rapid entry into force worldwide, there are concerns that the Convention remains a high-level paper treaty without the traction on the ground needed to address ever-continuing violations of children’s rights. This book, based on papers from the conference ‘25 Years CRC’ held by the Department of Child Law at Leiden University, draws together a rich collection of research and insight by academics, practitioners, NGOs and other specialists to reflect on the lessons of the past 25 years, take stock of how international rights find their way into children’s lives at the local level, and explore the frontiers of children’s rights for the 25 years ahead.