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II. Juvenile Homicidal Delinquency – an Introducing Definition

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JUVENILE HOMICIDE - A CRIMINOLOGICAL STUDY ON THE POSSIBLE CAUSES OF JUVENILE HOMICIDAL DELINQUENCY IN JAMAICA Dissertation zur Erlangung der Würde einer Doktorin der Rechtswissenschaft der Juristischen Fakultät der Universität Basel eingereicht von Sarah-Joy Rae von Riehen BS 2009 - i - - i - “Two schoolboys in a fight. In times not too far past, the scuffle would have ended with a bloody nose, a torn shirt, scraped knuckles. Today – a few days ago to be exact – in a St. Catherine schoolyard, two schoolboys got in a fight. When it ended, there was no bloodied nose, no scraped knuckles. Instead, one boy lay dead, the result of a knife plunged repeatedly into his abdomen allegedly by his opponent. The dead boy was 15 years old. His accused killer is 14.” Jamaica Gleaner News: “Old-time Fisticuffs Now Deadly Stabbing as Murder Goes to School” June 11, 2007 - i - Acknowledgements Research studies often rely on the assistance of tangible and intangible resources. The present study would not have been possible without the support and encouragement of various individuals and institutions. There are many people I am indebted to and whom I would like to express my gratitude: In order to conduct the interviews the present study is based on, a research trip to Jamaica had to be undertaken. This indispensable expedition was financially supported by the WERENFELS-FONDS, Basel, Switzerland. To have received the scholarship is a great pleasure and I hereby wish to express my sincere gratitude to the Werenfels-Fonds for their generous financial support. Further, I would like to thank my doctoral thesis supervisor Prof. Dr. iur. SABINE GLESS who has discussed the disposition and progress of my thesis with me and has allowed me great latitude. I thank her for her professional and human assistance as well as for the interesting and informative time as scientific assistant at her chair for criminal law and criminal procedure at the University of Basel, Switzerland. I would also like to express my gratitude to the following individuals who provided information, feedback and other assistance in the development of the present study: SUZANNE FFOLKES-GOLDSON and MARK FIGUEROA of the University of the West Indies, Mona, Jamaica, for granting me access to the University compound and for ensuring me a workstation at the library; PETER AEBERSOLD of the University of Basel, Switzerland, who has discussed the disposition and progress of my thesis with me on several occasions and has given me helpful advice; Daniela Gloor and Hanna Meier of SOCIAL INSIGHT, a social research institute in Zurich, Switzerland, for their extensive counselling session and incitation; Sarah Calvi-Sibler of SCOPE, a qualitative research centre in Zurich, Switzerland, for her profound interviewer schooling as well as the invaluable revision of the research questionnaire; MARCO MIRET for accommodating me during my stay in Jamaica, backing me all way through and granting me great relief. JOHNNY AMMAR for his unfatiguing encouragement, unpayable backing and the great personal faith which he always expressed in me and my work. - ii - One resource this research never lacked was willing and able subjects. I am grateful to the 20 young men who shared their stories with me. I could not have asked for any better respondents than those who participated in this study. They fully and freely gave themselves to my study and discussed with me some of the most intimate aspects of their lives. Thank you for sharing some of your experiences with me and for confiding in me. I would also like to amicably thank my colleagues for partly revising the draft and tolerating and encouraging me in sometimes stressful times. And last but not least I would particularly like to thank my mother who has enabled me a carefree education, has supported me in every imaginable way and did everything in her power to relieve me. Sincere thanks to each and every one of you. - iii - Table of Abbreviations AD Anno Domini AI Amnesty International AT Allgemeiner Teil (German for general part) BBC British Broadcasting Corporation BSI Bureau of Special Investigations CARICOM Caribbean Community and Common Market CCJ Caribbean Court of Justice CCPA Child Care and Protection Act CEO Chief Executive Officer CIA Central Intelligence Agency CND Commission on Narcotic Drugs CNN Cable News Network COHA Council of Hemispheric Affairs CSI Community Security Initiative DCP Deputy Commissioner of Police DJ Disc Jockey DPP Director of Public Prosecutions Dr. Doctor Dr. jur. Doctor of Jurisprudence (Latin from doctor juris) DRF Disputes Resolution Foundation ECOSOC Economic and Social Council ed. / eds. editor / editors e.g. for example (Latin from exempli gratia) est. estimated et al. and others (Latin from et alii) etc. and so on (Latin from et cetera) - iv - et sqq. and the following (Latin from et sequunturque) F.B.I. Federal Bureau of Investigation FCC Federal Communications Commission GDP Gross Domestic Product GoJ Government of Jamaica HHTI Homicides per Hundred Thousand Inhabitants Hon. Honourable IANSA International Action Network on Small Arms Ibid. the same (Latin from ibidem) ICVS International Crime Victim Survey ID identification card i.e. that is (Latin from id est) IMF International Monetary Fund ISCF Island Special Constabulary Force JAMAL Jamaican Movement for the Advancement of Literacy JCF Jamaica Constabulary Force JCPC Judicial Committee of the Privy Council JDF Jamaica Defence Force JLP Jamaica Labour Party JMD Jamaican Dollar JSLC Jamaica Survey of Living Conditions kg kilogramme KMA Kingston Metropolitan Area lit. alphabetic character (Latin from litera) Ltd. Limited MDG Millennium Development Goals min. minute MP Member of Parliament - v - MSchrKrim Monatszeitschrift für Kriminologie und Strafrechtsreform n/a not applicable NPEP National Poverty Eradication Programme No. Number OCJS British Offending, Crime and Justice Survey OPA Offences against the Person Act p. / pp. page / pages PAHO Pan American Health Organization PBPL Population Living Below the Poverty Line PERF Police Executive Research Forum PhD Doctor of Philosophy PIOJ Planning Institute of Jamaica PKS Polizeiliche Kriminalstatistik PNP People‟s National Party PPCA Police Public Complaints Authority Prof. Professor PZI Problemzentriertes Interview RDS Research Development and Statistics re relating to (Latin ablative of res) SALW Small Arms and Light Weapons SOS Save our Souls STATIN Statistical Institute of Jamaica TV television UK United Kingdom UN United Nations UNDP United Nations Development Programme UNICEF United Nations Children Fund UNODC United Nations Office on Drugs and Crime - vi - URL Uniform Resource Locator U.S. United States USD United States Dollar v. / vs. verse / versus WHO World Health Organization - vii - Contents Acknowledgements ................................................................................................................ ii Table of Abbreviations ........................................................................................................... iv Juvenile Homicide .................................................................................................................. 1 A Criminological Study on the Possible Causes of Juvenile Homicidal Delinquency in Jamaica .................................................................................................................................. 1 Introduction and Opening References ................................................................................. 1 I. Introduction ........................................................................................................... 1 II. Opening References ............................................................................................. 6 First Chapter: Research Subject and Theories of Delinquency ...................................... 8 § 1 Research Subject ................................................................................................. 8 I. In General ................................................................................................................. 8 II. Juvenile Homicidal Delinquency – An Introducing Definition .................................... 9 1. Defining Delinquency ............................................................................................ 9 a) Colloquial Language ......................................................................................... 9 b) From a Penal Perspective ................................................................................. 9 c) From a Criminological Perspective .................................................................. 11 d) Used Term in this Disquisition ......................................................................... 11 2. Defining Juvenile ................................................................................................ 13 a) Colloquial Language ....................................................................................... 13 b) From a Penal Perspective ............................................................................... 14 c) From a Criminological Perspective .................................................................. 15 d) Used Term in this Disquisition ......................................................................... 16 3. Juvenile Homicidal Delinquency ......................................................................... 18 § 2 Theories of Delinquency ....................................................................................
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