A criação de institutos disciplinares: uma análise histórica / Creation of juvenile detention facilities: a historical analysis / La creación de institutos disciplinares: un análisis Histórico

Neste estudo objetivamos compreender as origens do Instituto Disciplinar de São Paulo, estabelecimento criado no início do período republicano, que atendia adolescentes ditos "delinquentes". Para isso, analisamos documentos históricos e as obras Classificação dos criminosos: introdução ao estudo do direito penal (1925) e Os menores delinquentes e o seu tratamento no Estado de São Paulo (1909), ambas de autoria de Candido Naziazeno Nogueira da Motta (1870-1942), jurista que apresentou o projeto de criação do primeiro Instituto Disciplinar do estado de São Paulo. Concluímos que a Escola Positiva de Direito Penal, exerceu grande influência na criação de Institutos Disciplinares no Brasil e que a predileção histórica do Estado brasileiro, em geral, pelo isolamento social ou aprisionamento como solução para o problema da delinquência juvenil demonstra que o ideário da higiene social ainda permanece na execução das políticas públicas voltadas aos jovens que atualmente denominamos em conflito com a lei. (AU)

This study aimed to understand the origins of Juvenile Detention Center of São Paulo, establishment created at the beginning of the republican period, which served so-called "delinquent" teenagers. For this, we analyzed historical documents and the works Classificação dos criminosos: introdução ao estudo do direito penal (1925) and Os menores delinquentes e o seu tratamento no Estado de São Paulo (1909), both by Candido Naziazeno Nogueira da Motta (1870-1942), jurist who presented the project to create the first Juvenile Detention Center in the state of São Paulo. We conclude that the Positive School of Criminal Law had a great influence on the creation of Juvenile Detention Centers in Brazil and that the historical predilection of the Brazilian State, in general, for social isolation or imprisonment as a solution to juvenile delinquency demonstrates that the ideal of social hygiene still remains in the execution of public policies aimed at young people that are currently in conflict with the law. (AU)

En este estudio se tuvo por objetivo comprender los orígenes de lo Instituto Disciplinar de São Paulo, establecimiento creado en el inicio del período republicano, que atendía adolescentes dichos "delincuentes". Para eso, analizamos documentos históricos y las obras Classificação dos criminosos: introdução ao estudo do direito penal (Clasificación de los criminales: introducción al estudio del derecho penal ) y Os menores delinquentes e o seu tratamento no Estado de São Paulo (1909), (Los menores delincuentes y su tratamiento en el Estado de São Paulo) (1925) ambas de autoría de Candido Naziazeno Nogueira da Motta (1870-1942), jurista que presentó el proyecto de creación del primer Instituto Disciplinar del estado de São Paulo. Concluimos que la Escola Positiva de Derecho Penal, ejerció gran influencia en la creación de Institutos Disciplinares en Brasil y que la predilección histórica del Estado brasileño, en general, por el aislamiento social o aprisionamiento como solución para el problema de la delincuencia juvenil apunta que el ideario de la higiene social aún permanece en la ejecución de las políticas públicas volcadas a los jóvenes que actualmente se denomina en conflicto con la ley. (AU)

Child delinquency and intelligence testing at Santiago's Juvenile Court, Chile, 1929-1942.

This article deals with intelligence testing conducted at Santiago's Juvenile Court, in Chile, between 1929 and 1942. It is based on an analysis of 56 court records containing psychological or psychopedagogical reports filed by the Section for Observation and Classification at Santiago's House of Juveniles, an institution created in 1929 as part of the Juvenile Protection Law. To understand the purposes for juvenile intelligence testing in this field, several articles published at the time by the key actors involved in these institutions will also be analyzed. The results of this research signal, first, that psychology did indeed play a role in the juvenile justice system by laying the groundwork for the idea that it was necessary to measure and diagnose intelligence. The Binet-Simon Intelligence Scale, developed in France between 1904 and 1911 and adapted for Chile between 1922 and 1925, was systematically administered to juveniles in Santiago's Juvenile Court; the results were deployed as technical-scientific recommendations at the service of the presiding juvenile judge. On the one hand, this instrument, supposedly scientific and objective, helped legitimize the nascent field of psychology. On the other, it emerged as a useful tool in its own right to assess children. Second, the notions of intelligence underpinning these practices, while certainly in debt to the American approaches from which they were appropriated, managed to forge a more balanced stance between nature and nurture, positioning intelligence testing as a way of conceiving of and planning to prevent crime and reeducate juveniles. (PsycINFO Database Record (c) 2019 APA, all rights reserved).

Psychiatrists and the Transformation of Juvenile Justice in Philadelphia, 1965-1972.

In the late 1960s, Philadelphia psychiatrists evaluated every child who interacted with the city's juvenile courts. These evaluations had an important role in determining the placement and treatment of these children, and emphasized the therapeutic nature of the juvenile courts at the time. Relying on extensive case studies compiled by the Philadelphia Department of Public Welfare, this study reconstructs the roles of psychiatrists in the experiences of children interacting with the juvenile justice system, to shed light on a hitherto unknown aspect of these children's care. Gradually, the emphasis in juvenile justice shifted from a therapeutic approach to a more punitive one, from the mid 1970s and onwards. Yet the same structures of juvenile justice which allowed for individual discretion and "tailoring" of interventions to suit the child's perceived needs, rather than to fit the severity of his or her infraction, lost much of their therapeutic rationale. Still, many of these characteristics of the juvenile justice system, and in particular the practice of indeterminate sentencing, remain in place today. Questioning the role of mental health professionals in the creation and perpetuation of this flawed and often unfair infrastructure is an important first step in contemplating reforms.

Trayectorias delictivas y medidas educativas en el juzgado de menores / Criminal Trajectories and Educational Measures in the Juvenile Court

Resumen El objetivo general de este trabajo fue el de determinar el perfil de los menores que acuden al juzgado, según sus trayectorias delictivas, en cuanto al tipo de delito y la medida propuesta. Los participantes de este estudio fueron 210 menores del Juzgado de Castellón, de edades entre 14.03 y 18.1 años. Las trayectorias de los menores reincidentes (23.15) correspondieron, en mayor medida, a delitos cometidos contra la propiedad 51.2% (delitos cometidos contra las personas = 48.8%). Por otra parte, a medida que iba aumentando la restricción de la medida, se incrementaba la reincidencia. Las medidas que contaron con un porcentaje más alto de reincidencia fueron: tratamiento ambulatorio (66.7%), tareas socioeducativas (53.8%), internamiento y (50%) y libertad vigilada (47.2%).

Abstract The aim of this study is to define a profile of juvenile offenders with a criminal record in the juvenile court, according to their criminal trajectory, depending on the type of crime and educational measure. Participants were 210 adolescents between the ages of 14.03 and 18.10. Results showed recidivism trajectories (23.15%) that property-related offences were more present 51.2%, (offences against persons, and 48.8%). On the other hand as the educational measure is more punitive, the amount of minors with more criminal records is higher. The educational measures with the higher recidivism rates are: Outpatient services (66.7%), Socio-educational tasks (53.8%), Confinement in closed centres (50%) and Probation (47.2%).

El niño problema como objeto institucional: la psiquiatría infantil en Cuba, 1926-1945 / The problem child as institutional object: child psychiatry in Cuba, 1926-1945

El nacimiento de la psiquiatría infantil en Cuba en los años 1920 refleja el desarrollo de la psiquiatría como una disciplina con importancia social. La extensión de la pericia psiquiátrica se entrelazó con la figura del "niño problema", quien se concibió como una metáfora para un estado soberano en desarrollo. Pero los reformadores sociales del momento frecuentemente tropezaron con el problema de la corrupción política en sus esfuerzos de rehabilitar a los niños enfermos y delincuentes. Al final, los psiquiatras y activistas que habían concebido al niño problema como un laboratorio poderoso para la regeneración política invertirían la dirección de su lógica causativa: fue el mismo estado que se tendría que rehabilitar para lograr sus metas médicas y sociales (AU)

The emergence of child psychiatry in 1920s Cuba mirrored the ascent of psychiatry as a discipline imbued with broader social relevance. The extension of psychiatric expertise was centrally concerned with the figure of the "problem child", posited as a synecdoche for a maturing sovereign state. As reformers set out to rehabilitate mentally ill and "delinquent" children, however, they frequently found themselves running up against the problem of political corruption as it impacted the institutions in which they sought to intervene. Ultimately, psychiatrists and social crusaders who had identified the problem child as a potent site for political regeneration were forced to reverse the causal direction of their reformist logic: it was the state itself that would have to be rehabilitated in order to achieve their medical and social goals (AU)

Social Justice for Crossover Youth: The Intersection of the Child Welfare and Juvenile Justice Systems.

Social workers are critical to promoting racial and social justice. "Crossover youth," a term used to describe youths who have contact with both the child welfare and juvenile justice systems, are an especially vulnerable but often overlooked population with whom social workers engage. A disproportionate number of crossover youth are African American. Empirical research on crossover youth is growing, but such scholarship rarely engages with a human rights and social justice perspective. African American children and youths have a distinct place within the history and current context of the child welfare and juvenile justice systems. These systems have historically excluded them or treated them differently; now, African American youths are overrepresented in each of them, and evidence suggests they are more likely to cross over. The purpose of this article is to describe the historical and current context of crossover youth, with a particular focus on African American youths, to provide the foundation for a discussion of what social workers can do to promote racial and social justice for crossover youth, including specific implications for practice and policy, as well as broader implications for human and civil rights.

"SAFEGUARDING THE INTERESTS OF THE STATE" FROM DEFECTIVE DELINQUENT GIRLS.

The 1911 mental classification, "defective delinquent," was created as a temporary legal-medical category in order to identify a peculiar class of delinquent girls in a specific institutional setting. The defective delinquent's alleged slight mental defect, combined with her appearance of normalcy, rendered her a "dangerous" and "incurable" citizen. At the intersection of institutional history and the history of ideas, this article explores the largely overlooked role of borderline mental classifications of near-normalcy in the medicalization of intelligence and criminality during the first third of the twentieth-century United States. Borderline classifications served as mechanisms of control over women's bodies through the criminalization of their minds, and the advent of psychometric tests legitimated and facilitated the spread of this classification beyond its original and intended context. The borderline case of the defective delinquent girl demonstrates the significance of marginal mental classifications to the policing of bodies through the medicalization of intellect.

From punishment to education--juvenile delinquency in Romanian criminal law.

For centuries children were considered "mini-adults". Together with expressing the need to educate children and putting a stop to their integration in the work field from the earliest years the 19th century also displayed a new image of the child, which clearly separates him from the adults. In this paper the authors analyze the Romanian legislation addressing juvenile delinquency in criminal temporal evolution. On the one hand the minority age limits are sought and modulation of legislative provisions according to these, and on the other hand, types of penalties for minors are discussed. The authors conclude that the approach to juvenile delinquency in the current Romanian Criminal Code is the result of a long process of reflection of the legislators on adopting a different system of sanctions for juvenile offenders and on creating special regulations concerning the prosecution, trial and enforcement of the decisions regarding them.

'A disease that makes criminals': encephalitis lethargica (EL) in children, mental deficiency, and the 1927 Mental Deficiency Act.

Encephalitis lethargica (EL) was an epidemic that spread throughout Europe and North America during the 1920s. Although it could affect both children and adults alike, there were a strange series of chronic symptoms that exclusively affected its younger victims: behavioural disorders which could include criminal propensities. In Britain, which had passed the Mental Deficiency Act in 1913, the concept of mental deficiency was well understood when EL appeared. However, EL defied some of the basic precepts of mental deficiency to such an extent that amendments were made to the Mental Deficiency Act in 1927. I examine how clinicians approached the sequelae of EL in children during the 1920s, and how their work and the social problem that these children posed eventually led to changes in the legal definition of mental deficiency. EL serves as an example of how diseases are not only framed by the society they emerge in, but can also help to frame and change existing concepts within that same society.

Youth crime and preventive policing in post-war Scotland (c.1945-71).

This article explores debates concerning the methods and styles used by the police service in its dealings with children and young people in post-war Scotland (in comparison with England). Study of the implementation of Police Juvenile Liaison Schemes is used to consider shifting points of tension as well as cooperation between the police and other occupational groups engaged in work at the nexus of youth justice-welfare. Whilst often characterized as contradictory tendencies, the article demonstrates that a social welfare ethic and a criminal justice ethic were coexistent within the rhetoric and practice of policing, but that they operated in a state of flux. It also argues that styles of policing were subject to change, particularly as the use of discretionary and informal methods was increasingly challenged, as physical violence was increasingly seen as an outmoded recourse for the institutions of criminal justice, and as the policing of youth was increasingly politicized. The post-war period can be characterized in terms of greater levels of public scrutiny, the formalization of processes previously undertaken through informal or semi-formal mechanisms, and attempts (not always successful) to systematize procedures nationally in terms of the Scottish state.

Direct and vicarious violent victimization and juvenile delinquency: an application of general strain theory.

Using a national probability sample of adolescents (12­17), this study applies general strain theory to how violent victimization, vicarious violent victimization, and dual violent victimization affect juvenile violent/property crime and drug use. In addition, the mediating effect and moderating effect of depression, low social control, and delinquent peer association on the victimization­delinquency relationship is also examined. Based on SEM analyses and contingency tables, the results indicate that all three types of violent victimization have significant and positive direct effects on violent/property crime and drug use. In addition, the expected mediating effects and moderating effects are also found. Limitations and future directions are discussed.

"Children of the city": juvenile justice, property, and place in England and Scotland, 1945-60.

This article uses cases studies of Dundee and Manchester to explain juvenile property-offending in terms of young people's use of objects and spaces in the period 1945-60. A composite picture is assembled of objects stolen, which reflects growth of the specifically "teenage" consumer market as well as continued significance of young people's contribution to family economies. Concerns about youth, property, and space were reported in newspapers in terms of vandalism and hooliganism. "Play" and "nuisance" were overlapping and contested categories; re-education of young people in the correct use of place, space, and property was a key aim of the postwar juvenile justice system.

Juveniles in court.

Nineteenth-century American reformers were concerned about the influence of immaturity and development in juvenile offenses. They responded to their delinquent youths through the creation of juvenile courts. This early American juvenile justice system sought to treat children as different from adults and to rehabilitate wayward youths through the state's assumption of a parental role. Although these rehabilitative goals were never fully realized, the field of American child psychiatry was spawned from these efforts on behalf of delinquent youths. Early child psychiatrists began by caring for juvenile offenders. The function of a child psychiatrist with juvenile delinquents expanded beyond strictly rehabilitation, however, as juvenile courts evolved to resemble criminal adult courts-due to landmark Supreme Court decisions and also juvenile legislation between 1966 and 1975. In response to dramatically increased juvenile violence and delinquency rates in the 1980s, juvenile justice became more retributional, and society was forced to confront issues such as capital punishment for juveniles, their transfer to adult courts, and their competency to stand trial. In the modern juvenile court, child psychiatrists are often asked to participate in the consideration of such issues because of their expertise in development. In that context we review the role of psychiatrists in assisting juvenile courts.

Family transitions and juvenile delinquency.

There is a large body of research that shows children from non-intact homes show higher rates of juvenile delinquency than children from intact homes, partially due to weaker parental control and supervision in non-intact homes. What has not been adequately addressed in the research is the influence of changes in family structure among individual adolescents over time on delinquent offending. Using the first and third waves of the National Youth Study, we assess the effect of family structure changes on changes in delinquent offending between waves through the intermediate process of changes in family time and parental attachment. Although prior research has documented adolescents in broken homes are more delinquent than youth in intact homes, the process of family dissolution is not associated with concurrent increases in offending. In contrast, family formation through marriage or cohabitation is associated with simultaneous increases in offending. Changes in family time and parental attachment account for a portion of the family formation effect on delinquency, and prior parental attachment and juvenile offending significantly condition the effect of family formation on offending.