International Instruments on Juvenile Justice

The New Millennium “One of the most remarkable findings in Neuro-Biology of the last decade is the EXTENT OF CHANGE that can occur in the adolescent brain.” National Research Council Forum on Adolescence, 1999.

Neocortex Diencephalon Brainstem Abstract Thought Concrete Thought 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 Hierarchy of the Brain The brain is hierarchical; that is, it organizes from the inside out and from the bottom to the top — brainstem to cortex — with the most simple functions in the brainstem and the most complex in the cortex. As wave after wave of migrating neurons complete their cycles, eventually 6 layers of the cortex are formed. Importantly, these layers are formed in an inside-out fashion. This means that the deepest layers of the cortex are formed first, followed progressively by more superficial layers. Thus, the oldest part of the cortex is also the deepest part. Lastly, “columns” of related cells also form, many of which are thought to subserve specific functions, such as the role of ocular dominance in vision. While somewhat simplified, it is clear that functional complexity correlates with the organizational complexity of the brain, with the most simple regulatory functions mediated by the lower, less-complex brainstem and the most complex functions — those that confer the most unique human properties — mediated in the cortex. The human cortex contains approximately 40% of the total neurons in the brain. A key to understanding human behavior is to recognize the complexity and organizational rationale of the brain. Different systems and areas of the brain mediate unique functions. The systems of the brain that allow us to “think” are different than (but connected to) the systems that allow us to move or to regulate our heart rate. Your Notes Here: Courtesy of Bruce Perry, M.D., Ph.D. 3

The Teen Brain The brain of adolescents are not yet mature Both gray and white matter undergo extensive structural changes well past puberty

Functions of the Neo-cortex (Last part of the brain to develop) Planning Reasoning Impulse Control Thinking Ahead Regulation of Emotions Learning from Experience Weighing of risks and rewards

The Adolescent Brain Use an alternative part of the brain (amygdala- seat of emotions) Poor control increase in impulsivity Casey, BJ, Getz, S, Galvan, A. “The Adolescent Brain. Developmental Review 28 (2008) 62-77

“Basic intellectual abilities reach adult levels (around 16 years) before the process of psycho-social maturation is complete.” Immaturity GAP Steinberg (2008) Dev Review 28; 88-106

The Adolescent Brain Impulsive reward-seeking behavior (short-term) Susceptibility to peer pressure (peak at 14 years) e.g. commit crimes together with peers. Poor decision-making- inexperience, minimal consideration of negative consequences, emotionality

Toxic Stress Damages Brain Architecture 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 Toxic Stress Damages Brain Architecture 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 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

Conventions Convention on the Rights of the Child (CRC) International Covenant on Civil and Political Rights (ICCPR) Convention against Torture (CAT)

Rules and Guidelines UN Standard Minimum Rules for the Treatment of Prisoners UN Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) UN Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines)

UN Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules) Guidelines for Action on Children in the Criminal Justice System (the Vienna Guidelines) United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules)

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

CRC Article 37 - protection from torture Article 39 - rehabilitation and social reintegration of children Article 40 - administration of juvenile justice 4 Principles: Survival & Development, Nondiscrimination, Best interests, Child participation

Prevention is for all children, not only child offenders Riyadh Guidelines UN Standards for the Prevention of Juvenile Delinquency (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 3

Set standards for the administration of juvenile justice The Beijing Rules (UN Standard Minimum Rules for the Administration of JJ, 1985) Set standards for the administration of juvenile justice Promote a separate and specialized system of juvenile justice

Beijing Rules: 6 Parts Part 1: Fundamental principles Part 2: Investigation and Prosecution Part 3: Adjudication and Disposition Part 4: Non-institutional treatment Part 5: Institutional treatment Part 6: Research, planning, policy formulation and evaluation

Beijing Rules: Fundamental Principles Encourages fair and humane juvenile justice systems Emphasizes the well-being of the child The reaction of the authorities is proportionate to the circumstances of the offender as well as the offence Proceedings should be conducted in the best interests of the child The use of diversion (with child’s consent) to appropriate community programmes The use of deprivation of liberty as a measure of last resort and for the shortest period of time . 6

Beijing Rules: Investigation and Prosecution Notification of parents or guardians without undue delay Judicial consideration of release without undue delay Respect for the legal status of the child at all times Consideration of disposal of the case without recourse to formal hearings Referral to the community or other services requires consent of the child or of parents or guardians Provision for temporary supervision and guidance, restitution and compensation of victims

Beijing Rules: Diversion Diversion may be used at any time during the decision making process Importance of obtaining the consent of the child or his or her parent or guardian to the recommended diversionary process At any stage of criminal proceedings

Benefits of Diversion Rights perspective Economic perspective Child development Public safety Victim impact Community Professionalism/job satisfaction

UNICEF, 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: Adjudication 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 wo 9

Beijing Rules: Deprivation 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 Protection of Juveniles Deprived of their Liberty, 1990) Standards applicable when a child (any person under the age of 18) is confined to any institution or facility by order of any judicial, administrative or other public authority Deprivation of liberty must be a last resort, for the shortest possible period of time, and limited to exceptional cases

Where deprivation of liberty is unavoidable, the following conditions should be fulfilled: Priority should be given to a speedy trial to avoid unnecessarily lengthy detention periods Children should not be detained without a valid commitment order Small, open facilities should be established with minimal security measures Deprivation of liberty should only be in facilities that guarantee meaningful activities and programmes promoting the health, self-respect and responsibility of children

Food, clean drinking water and bedding must be available; clothing should be suitable for the climate and medical care should be adequate Contact with family members and children should be permitted Education should take place in the community and children should have the opportunity to work within the community Juvenile justice personnel should receive appropriate training Qualified independent inspectors should conduct regular inspections

The UN Minimum Rules for Non-Custodial Measures: the ‘Tokyo Rules’ (1990) Encourage the development of non-custodial measures at pre-trial, trial and sentencing stages for all, including children, and cover post trial issues such as: Verbal sanctions such as admonition, reprimand and warning Conditional discharge Status penalties Economic sanctions and monetary penalties such as fines and day-fines 14

The UN Minimum Rules for Non-Custodial Measures: the ‘Tokyo Rules’ (1990) Confiscation or an expropriation order Suspended or deferred sentence Probation and judicial supervision Community service order Referral to an attendance centre House arrest Any other mode of non-institutional treatment Some combination of the measures listed above

The Standard Minimum Rules for the Treatment of Prisoners Separation of child prisoners from adults Guidance on the treatment of prisoners and the management of institutions 16

Vienna Guidelines (UN Guidelines for Action on Children in the 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 Guidelines Effective 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 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? We read in the papers and hear on the air Of killing and stealing and crime everywhere We sigh and say as we notice the trend, This young generation where will it end? But can we be sure it’s their fault alone Are we less guilty who place in their way Too many things that lead them astray

Too much money, too much idle time Too many movies of passion and crime Too many books not fit to read Too much evil in what they hear and said Too many children encouraged to roam Too many parents who won’t stay home

Kids don’t make the movies, They don’t write the books They don’t paint gay pictures of gangsters and crooks They don’t make the liquor, and they don’t run the bars They don’t make the laws and they don’t make the cars They don’t make the drugs that muddle the brain That’s done by older folks greedy for gain

Delinquent teenagers oh how we condemn For the sins of the nation and blame it on them By the laws of the blameless “Someone” made known Who is there among us to cast the first stone For in some many cases, it’s sad but it’s true The title delinquent fits older folks too Written by Judge Angelo D. Malandra, Juvenile and Domestic Relations Court, Camden Country, New Jersey, USA