A multidisciplinary empirical study of how juvenile justice standards were operationalised by the state and UNICEF in post-genocide Rwanda.

Grounded in the latest clinical and developmental knowledge, this book brings together leading authorities to examine the critical issues that arise when children and adolescents become involved in the justice system. Chapters explore young people’s capacities, competencies, and special vulnerabilities as victims, witnesses, and defendants. Key topics include the reliability of children’s abuse disclosures, eyewitness testimony, interviews, and confessions; the evolving role of the expert witness; the psychological impact of trauma and of legal involvement; factors that shape jurors’ perceptions of children; and what works in rehabilitating juvenile offenders. Policies and practices that are not supported by science are identified, and approaches to improving them are discussed.

Presents the findings of a project that was designed to assess current practices used in the handling of criminal court cases involving children as victims/witnesses. The project utilized case file reviews and interviews of participants in recently adjudicated cases to describe current approaches to children in the criminal justice system. The 3 states are: Alabama, Florida and South Carolina. Extensive bibliography. Tables.

This book provides an original legal analysis of child soldiers recruited into armed groups or forces committing mass atrocities and/or genocide as the victims of the genocidal forcible transfer of children. Legal argument is made regarding the lack of criminal culpability of such child soldier 'recruits' for conflict-related international crimes and the inapplicability of currently recommended judicial and non-judicial accountability mechanisms in such cases. The book challenges various anthropological accounts of child soldiers' alleged 'tactical agency' to resist committing atrocity as members of armed groups or forces committing mass atrocity and/or genocide. Also provided are original interpretations of relevant international law including an interpretation of the Rome Statute age-based exclusion from prosecution of persons who were under 18 at the time of perpetrating the crime as substantive law setting an international standard for the humane treatment of child soldiers.

This book provides a review of how child maltreatment has been socially constructed, ignored, and formally responded to as it tells the story of how America's system of child protection has evolved. Additionally, it identifies key questions and related issues. When child maltreatment occurs, it strikes chords in our hearts because we sense the terrible injustice inherent in the matter: children are innocent and not able to protect themselves. This book provides readers with an overview of how perceptions of child maltreatment have changed over the years and how the American child protection system has evolved to keep pace with them, revealing the historical origins of current child protection issues and surveying efforts to find solutions. The Smallest Victims is unique in stressing the subjective and relative nature of the social construction of child maltreatment as it includes abuse and neglect. It identifies historical social factors and links them to perceptions of child maltreatment and responses to it. How maltreatment was once perceived in pre-American and American societies, for example, has had significant implications on the reactions it elicited, from tolerance to outrage. The book devotes a chapter to the exploitation of children in the labor market and as sexual victims, timely subjects given the national interest in human trafficking. Other chapters explore state intervention in family affairs and when children are removed from their homes. The book also includes a detailed timeline that denotes critical milestones since antiquity.

Child Victims explores the range and extent of crimes committed against children, and assesses their impact. The testimony of over two hundred children gives voice, for the first time, to their experiences, their views, and their needs. It examines how children attain the status of 'victims' in the criminal justice system. Drawing on their recent research findings, the authors examine each stage of the legal process that a child encounters, from the initial reporting of the offence, through police investigation, to the trial itself. They contrast the specialist response to victims of child sexual abuse with the experiences of children who are victims of other crimes, thrust into an adult system which takes little account of their needs. Child Victims concludes by examining the role of support services and agencies dealing with child victims, and makes a number of key recommendations for future policy.

International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.