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2 High-risk offenders under the age of 18 : IMMIGRANTS 1. Introduction 2. Belgium : a protectional model 3. The history of the last 20 years 4. Immigrants –Adult time for adult crime : the tough part is for the immigrants ! –“Us” and “Them” : the roots of immigrant juvenile delinquency

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4 1. Introduction : more questions then answers Juvenile delinquency and immigrants : two different subjects at the same time –Different profiles for different offenders –Interventions in the correctional sector versus integration policy An exclusive focus on immigrants is impossible What does the word immigrant mean? –Legal/illegal –Nationality/origin

5 1. Introduction : more questions then answers “The nature and the scale of the problem?” –Talking about prison or give prison statistics is not enough Is the Belgium system a possible solution or an effective intervention?

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7 2. A protectional model The basic idea behind the protectional law Characteristics: –Protection means assistance –Measures –Open/closed institutions

8 2. A protectional model Open/closed institutions : –No overcrowding –The rule is the group –A pedagogic model or project –Basic approach of regime developing

9 2. A protectional model The ambiguity of the protectional model –Difference in between measure or sanction? –To protect somebody or to make him assume his responsibility? A “bypass” in the protectional system : –A juvenile justice court can desist. Belgium is a federal state : –Devolution in between the state and the Communities

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11 3. The history of the last 20 years Extreme right –Focus on immigrants –Feelings of insecurity –A “security logic” entered in our minds Focus on juvenile delinquency –Focus on young male immigrants –“cut Moroccans” Un régime communautaire

12 3. The history of the last 20 years Feelings of insecurity become associated with juvenile delinquency –Quantity : more juvenile delinquency? –Quality : changes in juvenile delinquency? Capacity : 400 versus

13 3. The history of the last 20 years Why this (media) attention? –Youth delinquency is striking, often very public and very visible –The lack of (closed) capacity The birth of a federal “prison” Why don’t we question the use of all these places?

14 3. The history of the last 20 years Three problematic categories : juveniles with a psychiatric problem, drug addicts and illegals The ongoing strikes in the institutions of the Flemish Community : –Mental problems, psychiatry, sexual problems, low IQ, ADHD, problematic educational past, autists…

15 3. The history of the last 20 years Too dangerous to be cared for and too “psychiatric” to be dealt with Is the system inadequate or did the juveniles become inadequate?

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17 3. The history of the last 20 years The case of Joe van Holsbeeck : the MP3 murder in Brussels Central Station –Why this case? –The quote from the BBC news website –Football seems to be the best solution

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19 4. Immigrants 4.1. To desist a juvenile : “Adult time for adult crime” : the tough part is for the immigrants! –What happens when a juvenile judge decides to desist? –The possibility to desist is the result of a compromise –The aims of the system

20 4. Immigrants BelgiumFrench Comm Flem Comm Brussels

21 4. Immigrants Public prosecutor/ youth Juvenile justice court desist Non-Eu nationality 19%24%42,6% Non-Eu origin 28%44%74,9% No trad. Secondary school 76%89%99,1

22 4. Immigrants –41,4 % is Moroccan –16,7% Is Belgian –Third group are the (black) Africans –Eastern Europe and Turkish juveniles : each about 6%

23 4. Immigrants –Main characteristics of this group : ‘the file rouge” is violence Problematic family situation, schooling is problematic, negative attitude, psychiatric problems –Effective? –A forgotten group in prison –Two new federal closed institutions

24 “Flemish sections” Everberg Belgian24,81%28%35,86% Belgian but non-Eu origin 51,16%49,33%41,83% Non-Eu nationality24,03%22,67%22,31% %100% N

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: “Us” and “Them” : the roots of immigrant juvenile delinquency The study of Marion Van San

: “Us” and “Them” : the roots of immigrant juvenile delinquency : two follow-up studies –University of Ghent : Immigrant delinquency has much more socio- economic reasons then cultural reasons Recommendations : –just tough repression is not a solution –Authority should focus on : schooling, education, employment, leisure time, help and care processes

: “Us” and “Them” : the roots of immigrant juvenile delinquency : two follow-up studies –University of Leuven : “Us” and “Them” : Flemish “mietjes” and immigrant “machos” “spheres of justice” : family, street, school and your own community

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30 Questions ?