1. International Instruments on Juvenile Justice

2. 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.

3. 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

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

5. 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

6. 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

7. “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;

8. 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

9. 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

10. 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:

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

12. 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)

13. 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)

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

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

23. 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.

24. 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

25. 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...

26. 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

27. 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

28. 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

29. 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

30. 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

31. 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

32. 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.

33. 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;

34. 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

35. 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

36. 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

37. 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

38. 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