Punishing juveniles : principle and critique

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Punishing juveniles : principle and critique

edited by Ido Weijers and Antony Duff

Hart, 2002

  • : hbk

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Includes bibliographies and index

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Description

The first special juvenile court was created in 1899. Since then,juvenile justice has had a chequered history, and is now more controversial than ever. Should our treatment of young offenders differ in its aims or principles from that of adult offenders? What role should ideas of punishment or retribution play? Should our aims be rehabilitative and educative rather than punitive? Should we divert young offenders from the criminal justice system altogether, opting for 'restorative' rather than 'retributive' justice? These questions are addressed in this inter-disciplinary volume, which brings together criminologists, educationalists, psychologists and philosophers. Part I traces the history of juvenile justice, identifying patterns, and signs of what the future might hold. Part II tackles fundamental normative issues of punishment, moral education and restoration, with particular emphasis on the role of communication. Part III attends to the role that such emotions as shame and guilt should play in juvenile justice, paying particular, and critical, attention to Braithwaite's conception of reintegrative shaming.

Table of Contents

1. Introduction: Themes in Juvenile Justice Ido Weijers & Antony Duff PART I: PAST AND PRESENT 2. The Juvenile Justice System: Past and Present Trends in Western Society Josine Junger-Tas 3. Recent Changes in Youth Justice Policy in England and Wales Loraine Gelsthorpe 4. Rehabilitation in America: the Philosophy and Methods, from Past to Present Carter Hay & Mark Stafford PART II: EDUCATION AND PUNISHMENT 5. Not Punishing Children, but Committing them to Restore Lode Walgrave 6. Punishing the Young Antony Duff 7. The Moral Dialogue: a Pedagogical Perspective on Juvenile Justice Ido Weijers PART III: SHAME, GUILT AND REMORSE 8. Shame, Guilt and Remorse: Experiences from Family Group Conferences in New Zealand Allison Morris 9. Guilt, Shame and Shaming Gabriele Taylor 10. Shame, Guilt, Antisocial Behaviour and Juvenile Justice: A Psychological Perspective Tjeert Olthof

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