Comparing & Delivering Juvenile Justice Across the World

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    • 00:00

      [MUSIC PLAYING]Comparing and Delivering Juvenile JusticeAcross the World

    • 00:11

      DR. JAY S. ALBANESE: An important aspectof transnational crime and international criminal justiceis how do you get a global consensus on important issues,because in the US, we call them civil rights.Around the world, we call them human rights.[Dr. Jay S. Albanese, Professor, WilderSchool of Government and Public Affairs]But that is, you have the right.In the US, the rights are written rightinto the Declaration of Independenceand in the Constitution.That is, you have a right as a human being,

    • 00:33

      DR. JAY S. ALBANESE [continued]: regardless of what country you happen to find yourself in.So there are certain natural rights that everybody has.So the question is, what's the bestway to get countries to reach consensus on those rightsand to make sure folks are not exploitedby just the luck of being in a country that does notrespect those rights?Well, the United Nations has been a center force in this.

    • 00:57

      DR. JAY S. ALBANESE [continued]: Again, the UN was established rightafter World War II as a way to get the countriesaround the world to talk about things,rather than fight about things.But I just want us to talk very brieflyabout the way we treat juveniles around the world.And there's been a number of international conventionsregarding the rights of juveniles,

    • 01:18

      DR. JAY S. ALBANESE [continued]: the most important of which is the Convention on the Rightsof the Child, which is the most widely subscribedto convention in the world, that shows how juveniles oughtto be treated.And there's been other rules, through various UN crimecongresses-- Beijing rules, Havana rules--on the rights of juveniles in the juvenile justice system.

    • 01:40

      DR. JAY S. ALBANESE [continued]: That is, we should treat juveniles under law differentlythan we treat adults.There's global consensus on that.But the consensus should be, how should they be treated?And when you look at these rules thathave been agreed to by most countries on the planet,the rules deal with things such as corporal punishmentshould be prohibited everywhere, juveniles should not

    • 02:02

      DR. JAY S. ALBANESE [continued]: be subject to capital punishment,incarceration of juveniles should be a last resort,rehabilitation of juveniles should be an overridingobjective because you shouldn't be giving upon people at age 15.So it should be an overriding objective,perhaps more so than adults.Juveniles should have the right to due process, the right

    • 02:22

      DR. JAY S. ALBANESE [continued]: to consult with legal counsel-- all these kinds of things,some of which we take for granted in some countries.But the rest of the world, these are emerging concepts.That is, you're treating juveniles as a human entityand not as property of the parentsor not as someone who has no rights under the law.

    • 02:43

      DR. JAY S. ALBANESE [continued]: So when you look at these rules, these rulesare promulgated by international consensus.Then after the rules are established,the UN and other countries develop guidelines and toolkits.How do you implement these rules into your country--into your laws, your legislation,your training of criminal justice practitioners,and so forth?

    • 03:03

      DR. JAY S. ALBANESE [continued]: Then the next step is you incorporate these thingsin international law.So international law provides the umbrella.But then each nation of the 193 UN nationsmust incorporate these in their lawto make sure that they are each treating juvenileswith the same respect for human rightsas every other country is doing.

    • 03:26

      DR. JAY S. ALBANESE [continued]: The next step is, of course, evaluating how wellthis is happening in practice.And there's been a number of evaluation studies.And this is where research and practicemeet, because researchers tend to be the ones doingthe evaluation studies of how, in fact, juveniles are treated.And there's been studies in many parts of the world--Lebanon and the US and Europe and Asia and many countries.

    • 03:50

      DR. JAY S. ALBANESE [continued]: And there's a lot of variation going on.So even though there's consensus on principles of how juvenilesshould be treating, getting it to work in practicehas been a problem.And for example, in a number of countries,there are still juveniles being incarcerated with adults,or put in detention with adults.That's a violation of all these international agreements.

    • 04:12

      DR. JAY S. ALBANESE [continued]: Everybody realizes that should not happen.Everybody agrees it should not happen.Juveniles should be in detention separately from adultswhen they are in detention.But evaluations have shown this is stillhappening in other countries.And the emphasis on rehabilitation-- juvenilesare going to be back on the street one day.You want them to be in better shape

    • 04:33

      DR. JAY S. ALBANESE [continued]: they were when they came in.In a number of countries, the emphasison rehabilitation-- that is, getting themto a state where they can functionas productive citizens in society--is not being emphasized.So the question is, consensus principlestrying to implement in practice, that evaluation show, well,

    • 04:55

      DR. JAY S. ALBANESE [continued]: there's a lot of variation.We're not doing as well as we ought to be doing.What I argue for is that what we have to dois provide incentives for countries to do this.For example, in a number of countries around the world--let's look at hospitals.If a hospital releases you as a patient

    • 05:17

      DR. JAY S. ALBANESE [continued]: and you are readmitted within 30 days, in a number of countries,the hospital must pay a readmission penalty.In other words, they released you when they shouldn't have,because you're back in the hospital in 30 days.That increases the cost to you and to society.So we want hospitals to treat you effectively and thenlet you go.And a number of countries, to get

    • 05:38

      DR. JAY S. ALBANESE [continued]: at that, for hospitals just not treating you and throwing youout the door, they say, well, youpay a penalty if somebody is re-admitted within 30 days.And we don't do anything like that in criminal justice.So what I'm arguing for is that jurisdictions--cities, counties, towns, villages, states,countries-- that show that they are not being effective

    • 06:03

      DR. JAY S. ALBANESE [continued]: in what they're doing-- they're notbeing effective in their rehabilitation efforts--they're not being affective in complyingwith the law-- I would argue that they shouldhave to pay a penalty, because right now there is no penalty.If you run a juvenile detention facility now and the recidivismrate is 80%-- that is, 80% of the juveniles who are releasedget back to your facility one day--you're doing a horrible job.

    • 06:24

      DR. JAY S. ALBANESE [continued]: You're not doing a very good job.And I would argue there's no penalty for that.You just keep going on.Your agency keeps getting funded.You institution keeps getting funding.I would argue there should be a penalty.Maybe your budget gets reduced.Or somehow you should not be rewarded for being ineffective.And you should not be rewarded by keeping

    • 06:45

      DR. JAY S. ALBANESE [continued]: your budget and your people for notcomplying with international rules or national laws.So what I'm arguing here is how do we turn principlesinto practice?In the case of juvenile justice, therewas global consensus on how juveniles ought to be treated.

    • 07:05

      DR. JAY S. ALBANESE [continued]: There's global efforts within and across countriestransnationally, in terms of how weshould implement those rules.The evaluation results have showedthat the implementation around the worldis kind of spotty, as it is within some countries.So you have implementations out there.

    • 07:26

      DR. JAY S. ALBANESE [continued]: And I would argue the fourth step should bewe should hold people accountablewhen the implementation is not meeting those principlesthat we've already agreed upon.So to summarize, when we talk about transnational crime,international issues of any kind,the first step is reaching international consensuson how we ought to be acting.

    • 07:48

      DR. JAY S. ALBANESE [continued]: Then we have to have mechanisms for implementing that.Then we have to evaluate that implementation in practice.And then the fourth step, which we haven't gotten to,but I argue we should get to, is thenholding individual cities, states, counties,and nations accountable for the results of their actionsin practice.

Comparing & Delivering Juvenile Justice Across the World

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Dr. Jay Albanese discusses juvenile justice and how the United Nations helps regulate juvenile justice around the world. The Convention on the Rights of the Child shows how juveniles ought to be treated throughout the world. Albanese also explains how juveniles differ from adults under international law.

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Comparing & Delivering Juvenile Justice Across the World

Dr. Jay Albanese discusses juvenile justice and how the United Nations helps regulate juvenile justice around the world. The Convention on the Rights of the Child shows how juveniles ought to be treated throughout the world. Albanese also explains how juveniles differ from adults under international law.

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