Efficiency of Measures in the Juvenile Justice System Prepared by the Institute of Sociological, Political and Juridical Research with support from UNICEF Office in Skopje
Skopje 2004 Prof.dr Ljupcho Arnaudovski Faculty of Law - Skopje
Part 1
General Approach to Deterrence, Preclusion and Prevention of Juvenile Delinquency
1. General Approach towards the Problem
1.1 The development of modern society is very dynamic, causing deep changes in its overall structure. Above all, this dynamic development is propelled by the unprecedented progress of science and technology, the electronic industry, computers and the IT sector, all in the name of a freer, more independent, richer, happier and more secure human existence. Scientific progress has brought about deep changes in social, political, legal and economic relations, which have had positive effects on science, but at the same time have contributed to greater human, making life less human, and more insecure, unsafe and full of suffering. A major characteristic of our contemporary lives is the great mobility of people all over the world, migrations from poorer to richer regions in the quest for satisfying primary needs. This is the consequence of the deepening gap between the rich and the poor, and the major increase in number of poor and impoverished populations. This deepening gap is depicted through the values of consumer society and accentuated hedonism on the one hand, and the desire not to die from hunger on the other. In this context, children are the most frequent victims of hunger. Contrary to the aspirations for more humane relations among people, intolerance, misunderstanding, fanaticism and violence are becoming dominant forms of communication between people. Violence has become the dominant phenomenological manifestation of all forms of hard crime. This has caused feelings of insecurity in the way we live, has raised issues of survival and mutual interaction of people. This is a sure sign that fundamental human values (including those from the Bible, the Koran, and the Salman, values created through the civilizational development of our society) have been destroyed and have no power to influence and bring respect back into in human relations. The maxims: “do not do unto to others, what you would not like done to you, respect others as you want them to respect you” have lost all meaning as consequential and valued norms. Criminal behaviors, satisfying one’s needs through criminal activities, and resolution of problems by criminal means have become a way of life. Scientific and technological achievements, computers and communications, they were first and foremost in the service of crime and those who perpetuate it. They have contributed to the production of new arms that make human conflicts crueler and bloodier than ever before, and have contributed to terrorism becoming a regular means for realizing political aims, resulting in thousand of innocent victims. Terrorists have established links with organized crime, and through criminal activities are able to secure means for their terrorist activities. The practical application of some scientific inventions have confused people’s notion of life. They have created totally new situations that have had an impact on gender and human relations as a whole. Genetic engineering has influenced how life is conceived; massive use of drugs has taken a hard toll on mental health, especially among the young people, who are most often the consumers of these substances; this has affected consumer society and the man it produces. These and many other factors have confronted man with the dilemma of what to support and what to disregard. At the same time, it confirms the rule of ethic conformism. 1
The deep changes in society have had the strongest negative impact on children and adolescents, a category of persons who are still developing, especially in terms of socialization and family, and in terms of the function of the family. The indecent, inhumane and delinquent, deviant and criminal behavior of young people attest for the inadequate socialization of young people, inadequate development, education and upbringing, to the lack of respect of the system of values that represent the achievements of our civilization that are generally accepted and respected. The lack of awareness of such a system of values is reflected in such a way that they seek to find themselves and the meaning of their life through destructive, asocial behavior, vandalism, egotism and selfishness, basic instincts, abuse of drugs and alcohol, sex and no bounds in seeking pleasure, anarchy, violence and crime. These are the tragic consequences of education without values.2
1.2 The second aspect of progress of our modern day societies is expressed through the attempts to put scientific, technical and technological, IT and computer achievements at
1 L.Legrand: “Moralna izobrazba danas - ima li to smisla”, Eduka, Zagreb, 1995 g. 2 A.Vukasovik: Odgoja bez vrednosti nemaiI ne mo`e ga biti, u skolama trebamo uz obrazovawe izgajati i formativne primene vo Vjesnik od 30 kolovoz, p.13, Zagreb, 1995 the service of making humans free and creative personalities, and life one of luxury. In general, progress is there to provide a richer, safer, more tranquil life. This is manifested through the awareness of the need to identify, and to create preconditions that guarantee and protect human rights and freedoms. In the second half of the last century, after the
World War II, a whole set of activities were developed on an international level, mainly through the UN and later through other organizations to affirm human rights and freedoms. This tendency in societal development was most expressively manifested with the adoption of the UN Charter3 and later on the Universal Declaration of Human Rights4.
The International Pact for Economic, Social and Cultural rights5, including the
International Pact on Political Rights and the Optional Protocol for Civil and Political
Rights6. This tendency of progress in society is best expressed by Jacque Mariten, who asserted that “all men are endowed with certain inalienable rights, just by belonging to the human race, a whole, a master of one self and of his/her action, and that this is not just a means for realizing a goal, but a total in itself, a goal that should be treated as such.
On the basis of this natural law, human beings have the right to be respected, to be the owners of rights, to have rights. These are all things that man has on the basis of the fact that he is man”7.
The concept of affirmation, protection and realization of guaranteed human freedoms and rights has become the philosophy of life and progress in modern society. This is a
3 Charter of the United Nations. 26 juni 1945 godina, Zbornik dokumenti za pravata na ~ovekot, Prometej. Beograd, 1991 god., pg .35 4Universal Declaraion of Human Right, passed by the General Asseembley of the UN 217A (III) from December 1948 godina, Prometej, p.36 5 International Pact on Economic, Social and Cultural Rights, General Assembly of the UN, 2200A from 16 December 1966 godina, Prometej, p.41 6 pakt za gra\anski I politi~ki prava, Generalno sobranie na OON, 2200(XXI) od 16 dekemvri 1966 god. Prometej, p.50 7 V.Vasilijevik: Prava ~oveka, Zbornik dokumenata o pravima coveka, Prometej, Beograd, 1991 god. p.5 IM.Kranston, U cemu se sostoje ljudska prava, same publication, p.32. concept that is constantly developing. We are already talking about a fourth generation of human rights and freedoms, especially in the area of social and cultural rights. If the first phase of activities of the United Nations in the area of human rights must be seen as a phase in defining human rights, later development of this concept and its goal has led to the adoption of documents that help secure particular rights and rights and freedoms in general. This concept is further supported by the formation of international bodies and institutions that secure implementation and supervises over the implementation of guaranteed rights and freedoms in various regions, states, areas – including the adequate measures towards states that do not adhere to such rights, restrict or violate them. Human rights and freedoms and their protection are especially manifested in the Declaration of
Human Rights8. The Declaration on the Abolition of Slavery9, the International
Convention of Abolition of all forms of Discrimination10, The Convention on Punishing
Genocide11, the Convention of non - Limitation of Statute on Crimes Against Humanity12,
Convention Against Torture and Other forms of Cruel, Inhuman, and Degrading
Punishment and Procedures13, The Behavior Codex for People Implementing the Law14, to Minimal Rights for Treating Prisoners15. After 1950, this tendency continued within the framework of the European Union and the Council of Europe, especially through the 8 Declaration on Human Rights passed by the General Assembly of the UN, 1386 (XIV) of 20 November 1959, Prometej, p.71 9 Convention on Slavery and Abolition of Slavery, paseed on 25 September, 1926 In geneva, ammended on 7 July 1955, 1967, published in the above cited publication of Prometej, p.73 10 International Convention for Abolition of all types of Discrimination, passed as a Resolution of thhe General Assembly of the UN, on 21 Septemver, 1965,2116(HH) 11 Convention of the Elimination of Genocide, , Resolution no..260 of 9 December, 1946, sp. Publication Prometej, p.1156h 12 Konvencija za ukinuvawe na zlo~inot na genocid, Rezolucija br.260 a od 9 dekemvri, 1948 godina, sp.publikacija Prometej, p.116. 13 Convention on Torture and other Cruel, Inhuman and Degrading Punishment, adopted with a Resolution of the United Nations, no.. 39/46 of December, 1984 published in the publication, p.121 14 Convention on Torture and other Cruel, Inhuman and Degrading Punishment, adopted with a Resolution of the United Nations, no.. 39/46 of December, 1984 published in the publication, p.121 15 Minimal Rules for Dealing with Prisoners, passed by a Resolution of the UN 663 S (XXIV) of 13 May 1988. European Convention on Basic Human Rights and freedoms and ensuing documents, which seek to secure consistent and comprehensive implementation by the countries signatories.
The concept of guaranteed human rights and freedoms, the struggles for their realization and respect, the protection of all forms of limitations and violation of these rights has become the basic criteria for valorizing democracy and the democratic values of a society. Democracy in itself cannot be narrowed down to human rights, but we can hardly imagine it without the respect of human rights, some of which include the right to democracy, to participation of citizens in government and democratic checks of government 16
The concept of guaranteed human rights and freedoms as an integral part of our lives can be viewed from two standpoints. One can say that this is the product of civilization and the progress of society; it defines the level of development and it guarantees that they will realized in future and that the quantity and quality of guaranteed rights and freedoms will be constantly be upgraded and realized. Therefore, they serve and follow the scientific, technical and technological development of modern day society. But, scientific and technological innovations bring not only progress and an enriched quality of life, less pain and suffering at work and at home; they also bring more suffering. Not only because scientific discoveries and new instruments are used against man, and for the purpose of destruction of man, but also because human beings are unable to adjust their physical, psychological and , intellectual abilities to the logic of technical resources. Man created super modern, fast, powerful automobiles that cause the death of thousands of people each year. It is also the case with other technical, electronic and other gadgets
16 D.Dimitrijevik, Temelji nove demokratije, Predgovor, Beograd, 1989, p.9 available to man, including the entrapment of television. Thus, the concept of guaranteed human rights and freedoms seeks to protect man from greater suffering and self- destruction, as well as the inability to accept and adjust to the new achievements of scientific and technological progress. The other dimension of the concept of human rights and freedoms is to protect man from power, force and willfulness of power. In a developed system of guaranteed and secured freedoms and rights, the mechanisms for prevention of the abuse of power in political systems as a way of using power for one’s own goals, when equity and protection and realization of the rights and freedoms is secured through an independent judicial system, and by guarantees for work protection, as well as social, cultural, health, educational and other relations, the lack of realization, and manipulation of human rights, even in a state of constant aspiration for humanization of relations between people, and constant efforts for developing and enhancing democracy, the most violent, and cure violation of freedoms and the rights of man in all spheres of live is a massive and every day occurrence.
The violation of political rights in elections and voting processes, discrimination in all types of relationships, the disruption of the principle of equality among people, ethnic cleansing of territories, wars, terrorism, totalitarian systems of rule and management, are all occurrences which put the well conceived and established system of protection of human rights and freedoms to a daily test. This is no reason to abandon the concept, rather to continue to advance it, persistently and constantly, as a confirmation of the progressive development of civilization and our modern day society.
The most direct manifestation of the negation of human rights and freedom is crime committed by individuals and groups, whose existence and phenomenology is not influenced by progress of a society. In parallel with economic growth and prosperity, the occurrence of new, more difficult, dangerous and more complex forms of crime is an every day occurrence. The phenomenology of crime is constantly growing, becoming more dynamic and widespread, characterized by the appearance of new criminal structures, and growing rate of recidivism of all aspects and forms of crime. Much as societies attempt to bring peoples and states together through policies of globalization, criminals, crime groups, gangs and organizations interconnect and raise crime to the level of a transnational activity. In the past, criminology attempted to categorize crime and criminals, in order to apprehend them more successfully. Today, crime, and especially the so-called “organized crime” is becoming singular in the aspiration to realize one basic goal: more profit in the shortest possible period. These goals are penetrating into all spheres of public, economic, cultural and social life. It has penetrated every sphere of life that lends the possibility for profit. Organized crime is infiltrated into the state and it aspires to have the state function on its behalf, in its interest, to protect people who commit it, to lessen the risk of being discovered and punished. Illegal production and trafficking of drugs, psychotropic substances and precursors, trafficking of people, arms, cigarettes and tobacco, smuggling of nuclear waste, trafficking of people, violent crimes which are increasingly more common, money laundering, corruption, economic and financial crimes, computer crimes… they are all occurrences that threaten all aspects of human life, and are the most severe forms of violation of human rights and freedoms, their goods and protected legal interests. When crime is in question, the position of man is two fold. On the one hand, he is the victim of crime as society aspires to protect him by deterring, stopping and preventing crime, and on the other hand, he is a perpetrator of criminal offences, for which he is pursued by the criminal justice organs. This is done in a way that the suspected citizen is treated in a way that guarantees his human dignity and integrity, as well as his privacy. There are international standards which guarantee a “free trial” and protection of rights.
In the concept of protection of human rights and freedoms, two categories of persons have a particular position: women and children. The position of women in societies and the realization of their rights and freedoms are of particular significance, and it is embodied in the Convention on Elimination of All Forms of Discrimination of Women17, and the Convention on the Rights of Children18.
1.3 Children and adolescents are the segments of society that are closely linked to its survival, development and prosperity. It is a generally accepted thesis that “the society that does not care of its children and young generations, does not care for its future”.
This thesis can be looked at and analyzed on all levels of social structure and organization, from the family as a primary group, to family and community, other primary societal groups and communities, national and ethnic groups, to states and the global society as a whole. Despite the significance of this thesis and its global character, looking at the modern day society that claims to have achieved a high level of civilizational, cultural, social, economic, and other progress, it sounds more like a phrase than the basic premise of human life, creation, growth and existence. What is the basis for such claims? The fact that children and adolescents are a real factor in the aspirations for survival and continuation of the human race and the biological survival of the tribe, group, community; because they are opened to new and modern things, prepared to make
17 Adopted 18.12.1979. 18 Convention on the Rights of the Child, adopted by the General Assembly of the UN, 20-ti November 1959 sacrifices in the name of progress. They seek continual enrichment of their own life and the life of others. They are the first to feel the positive and negative things in a society, because they are most affected by progress or stagnation, and by the absence of conditions for their normal development. They are full of energy and creativity. If conditions are not created for them to realize this energy, or if their need for creation and self-confirmation are limited, they will reject society and will become an opposing force or in the least a force of disorganization. If the problems of the young generation are resolved with obsolete means and methods, when their perspectives are limited, when they can’t find their place in society and to have a say about their place in it, these conditions provoke a sense of great sensitivity, which lead to destruction. The children and the young people are open towards themselves and to others, they are sincere in expressing their views and standpoints, they are ready to accept the existing system of values and norms, provided it provides sufficient space for them for self-confirmation and if it leads to progress.
The thesis of children and adolescents being the future of each society is truly verified to by the extent that a society brings into a direct correlation the characteristics of the young generation and their aspirations for progressive development with the processes and relationships that are going on in a society, and the aspirations to resolve contradiction in a society in a way that will open the perspectives for the young generation. The positive characteristics and traits of young people will always be brought in direct correlation with the social changes and processes that are the result of internal contradictions, with the aim to eliminate those that obstruct the growth of society and the realization of the young generation as a progressive creative factor of growth. And vice versa- if these contradictions are not resolved, and if the conditions for proper development of the young people are not created, then the young generations is pushed into destruction, deviant behavior and delinquency; a factor that destroys what has been created and a factor pushing development back. The socialization of the young generation in accordance with the level of civilization already achieved, as well as the humanistic and democratic development of society is a guarantee that young people will develop and realize themselves as a factor of progress, and society can say that it has taken care of its future.
From the point of view of the postulates that were presented in the introduction, one can conclude that this is the first young generation that is finally living in a time of prosperity, with an emphasized tendency to take in pleasure, but also in conditions of acute conflicts and contradictions that are abased in the social structure of society and the position of the individual in it, but also many marginal groups consisting of many young people. Furthermore, this generation has experienced scientific and technological progress to an unprecedented extent. The advantage of this generation is that it is not shocked and surprised by discoveries; just the opposite, it embraces them and seeks to advance them further. This generation is born and it lives in a society that is experiencing major changes in all spheres of life, which are taking place with a very swift pace, making society unstable in insecure. The young generation has to be integrated into a society which, in itself, is unstable, with deep changes and turbulences which only contribute to making the young people unstable and insecure of themselves and unaware of what is going on around them. Some authors define this state as confusion that appears as the natural consequence of the major scientific-technological, social, economic and other changes19. Urbanization has brought about deep changes in the social structure
19 F.Bacik Krivi~no pravo, opst del, Skopje, 1972, p.722 of society, but also to major changes in the culture of living. Great migrations form poorer to richer regions; developed communications have caused socialization and adjustment difficulties on a general and individual level. The educational processes of young people have continued in a way that has thrown them out of the social scene and has postponed their integration into the mainstream. All of these processes have caused severe clashes between the generations. Young people do not respect the elders; there is no respect for authority and influence, just intolerance and rejection. All of these occurrences and processes have seriously burdened the process of socialization of the young generation in accordance with our time and the requirements of the times. The fact that this generation has stemmed from a world of affluence that it is the first generation of the era of mass media and electronic communication, of computers and cybernetics, has not contributed to the realization of the process of socialization in accordance with the times. The state and society has shown that it is incapable of organizing the lives of young people, to create the conditions, to show care and to engage to facilitate a smooth running of these processes in accordance with the requirements and conditions of the times, to protect the young generation from the dangers which the new times bring. The generational clashes is also determined by the fact that the new generation is more educated, expert, more able and capable, more informed and shows greater initiative– all of which creates fear and inquietude among the older generation about their own positions, as they firmly try to preserve their status and positions.
As a rule, societies with deep and dynamic changes in all segments of their structure result in a major gap between proclaimed principles and goals and their realization in practice. Young people cannot live on slogans and empty promises. They expect and want to see real results, especially in that aspect of life which directly pertain to them.
These conditions are the cause for the major drift between proclaimed and realized results which are the basis of the system of values that is in turn the basis for the socialization of the young generation. It is of essence to know that the young generation does not live on promises and on history, but that it lives in the present day and for the present day, and is firmly interested in its future. This is a confirmed thesis: each generation forms it view of the world through analysis and criticism of existing relations in society, and through its own feeling for the new. It is the historical task of each new generation, as Fisher says, to help the future become better that the past, because this is the only way that young people can help to change the present20. This is the way to engage and the way to increase the responsibility of young people, because this is the only way to build their self-confidence. These are important components for the process of socialization of young people in all societies.
These components determine the life and growth of young generations. The lack of conditions for normal development of young people, the development of adolescents has raised the awareness that it is essential to pass a document that will guarantee the rights of the child, as basic preconditions for their life and development, that they be realized under special care and legal protection, before and after birth, as stipulated by the convention on the rights of children. The reverse process that can happen in the socialization process of a minor, due to the lack of care and protection, as well as the right socialization and upbringing, education and preparation for creative work, the lack of economic and social conditions for living and development, survival in poverty are all factors that determine the path of adolescents towards delinquency, educational
20 F.Baruk: sp.trud, citied in Bacik p.726 deficiency, and crime. The Convention on the rights of children has to ensure legal, political, and social security in the lives of children, to secure a healthy physical and psychological development, life devoid of fear, because fear and insecurity lead life towards disintegration and conflicts with other people in society, including full alienation of a personality.
1.4 The discussion about children and adolescents in general, and in the case of delinquent and criminal behavior, is burdened by yet another situation: adolescence, as a social and psychophysical category. It is said that the period of youth (adolescence) is the shortest time in a person’s life, but also the most beautiful, the richest and the fullest time of life, full of events and excitement. This is why it is lived fast and to the maximum. This is why young people wish to fill their lives with many and eventful activities. The quest for this kind of life is expressed by a well-known children’s trait not to be able to postpone the realization of their wishes and needs, and to want them realized here and now. This position is particularly important for explaining adolescent crime – delinquency.
There are different definitions for a person, but in the case of the personality of an adolescent as well as the problem which is looked at in this study, an acceptable definition is the following: “A personality is about all the behavior of a person towards his/her environment and the people surrounding him/her… A personality is the impression that persons leave through his/her actions”21. The behavioral view of personality is in line with the approach towards the problem under consideration. In this respect however, when locating the interest in the framework of the criminological consideration of the young persons (adolescent), there has to be an understanding that this
21 M.Zvonarevik: Socijalna psihologija, skolska knjiga, Zagreb, 1985, p.135 is a persons that is in a psychophysical and biological stage of development, going through deferent stages of growth and socialization. At this stage of civilizational development that is marked and defined by the quest for affirmation of human rights and freedoms, there is a growing understanding that “children and adolescents are not grown- ups in a smaller versions”, but “personalities in a specific stage of development.
Contemporary theories often identify the term “youth” with the terms “adolescence”.
Adolescence is more of a legal term used in the protection and realization of their rights, freedoms and interests. However, there is a growing interpretation of this term as a sociological term, defining the stadium when a person is no longer a child, but has not yet assumed the full role of an adult. Adolescence is a phase of transition from childhood to adulthood. This is a period of great tensions, when childhood is left behind as a new maturity and social position is acquired. Due to these reasons, the young person
(adolescent) has to be seen in the full reality that determines the process of maturity22.
This is the basis on which modern day societies try to provide the necessary legal, political, social, economic, and cultural and other protection, care and assistance, with the aim of generating a feeling of security and lack of fear. Throughout history, age but also gender has played a major role in determining the position in society, and criminal behavior of adolescents. The portion of female adolescents is about 3.5%, which is also the result of the social positioning of women towards men.
The context of rights and freedoms of adolescents on the one hand, and their role as vital preconditions for proper development of young people, in a secure environment, without fear, tension or frustration on the other hand, raises the issue of the relationship between delinquent and non-delinquent adolescents. There is much research done in this area,
22 M.Singer: Kriminologija, Vtoro izdanie, Globus, Zagreb, 1996, str 220 deliberating and explaining various aspects of the problem. They do not disregard the factors of youth, adolescence and “developing personalities”. Just the opposite - they rely on it. We will list some: C. Brut23 feels that adolescents with lower intelligence cannot not comprehend that some actions and indecency are not allowed, leading them into delinquency (M. Milutinovic); in their research Gering and M. Eliot24 assert that one cannot speak of different levels of intelligence among delinquents and non-delinquents, while Petrovic 25 concludes that delinquents manifest only a somewhat lower level of intelligence. In 1974, Kovacevic, Momirovic and Singer concluded that the differences of symbolic factors among delinquents and non-delinquents are different; that they are always to be located in the cognitive space and always leave enough room for delinquents on an intellectual level26. Still, the general conclusions that can be made point in the direction that the thesis of a difference in the intellectual level between delinquents and non-delinquents cannot lead to firm conclusion, because the development of each adolescent is specific, it transpires in a specific and at the same time different social and cultural environment that inevitably influence the intellectual, emotional and social development of the adolescent personality. This is why this context must always be considered within the context of the limits and rights of the adolescent contained in the
Convention of the Right of Children and their realization in practice. In this sense, the
Convention on the Rights of Children has gained particular importance in terms of its consistent implementation and its preventive influence in the protection of adolescents from crime and delinquency.
23 C.Burt: The Joung Delinquent, London, 1925. 24 M.Eliot, Fr. Merill: Socijal Dezorganization, 1959 god. 25 M.Petrovic: Licnost kako factor etiologija delinkvencije, Zbornik Etiologija maloletnicke delinkvencije, Beograd, 1971 god 26 V.Kovacevic, M.lSinger, K.Momirovic: Relacija izmedju sankcija izvrsenih prema maloletnicima I njihovog ponasanja u postpenalnom razdoblju, Defektologija, Zxagreb, br.1-2/1974 god. 2. Delinquent Behavior of Adolescents as the most Severe Form of Alienation
Crime is an occurrence that has followed closely the development of society throughout its history. There is no phase of society without crime. The second postulate is: whenever there is crime, adolescents have not been immune. They have always been perpetrators of criminal acts. Just as society has been unable to prevent, impede or stop crime, it has not been able to curb juvenile delinquency or to create a realistic situation where young people will not come into conflict with the law. The general and at the same time decisive answer to this question is that is a consequence of the fact that society is not able to create the conditions for a secure, free and safe life and development of young people; that they do not have adequate policies to care for young people, and no practical realization of caring for all segments of life of the young people; it does not create conditions for life, work and growth in conditions of legal, economic27 and social security, in conditions of an existing educational and cultural system for a healthy life and health protection in the upbringing of young people in accordance with the dominant and generally accepted civilizational and newly created values, for the realization of the young people as creative personalities that have a direct impact on their own destiny ---- they seek the solution to the problem of satisfying their needs and resolve the problems they encounter in life through delinquency. Of course, this list does not exhaust all factors, including etiological ones that lead to young people becoming involved in crime, nor are they all the determinants of this kind of behavior. They are listed to corroborate the scientific and empirically verified thesis that crime and delinquency among
27 Utrinski vesnik of 21.04 2004 p. 4 ,,Nedostigot lekovi za decata bolni od asman, ,,Detska klinika vo raspaganje i sl. Nema lekovi za bolnite deca I sl. adolescents is an objective picture of our social reality. If the assumption that the attitude of society towards its young people is an indicator of the attitude towards its own future, then, if follows that the future of such a society is criminal. Most crime, among adults and adolescents, is linked to class societies and poverty, as a direct means for securing survival, or as an indirect sense of justice and realization of the freedoms and rights that demoralize the individual and suffocate their social instincts, which are always creative, especially among young people. This does not mean that people living in affluence are immune to criminal behavior, especially in the case of young people of affluent background. But the difference is that criminal acts from these segments of society derive from the power they possess or the general erosion of morale in a broad sense.
2.1 In criminology, it is a widely accepted view that social and scientific meaning of crime in general, or of a particular type of crime, is determined by its phenomenological characteristics.
Juvenile delinquency is no exception to this claim. In the phenomenology of juvenile crime, we follow the phenomenological characteristics that determine the volume (crime quotas) and its dynamics. In the last 15-20 years, the statistical data and research show that there is a steady tendency of growth moving up to 40% index points in a period of ten years. If we compare this fact with the above-mentioned thesis, we will inevitably conclude that juvenile delinquency is a sure indicator that the position of young people in society is a way out of an impossible position. This is not all. This fact develops the empirically confirmed claim that the increase of juvenile delinquency will inevitably bring to a growth to the general level of crime (among adults) within a period of 5-6 years, because most of the delinquents will accept criminal behavior as a form and way of life. They will become part of the criminal population, this time as well established, experienced criminal, recidivists and professionals. Therefore, in conditions where we have an increase of juvenile delinquency, we should expect a general increase of crime as a whole, entailing an additional danger because of the characteristics of the perpetrators.
However, in the case of juvenile delinquents, it corroborates the claim that the means for prevention and obstruction of juvenile delinquency taken by the state have been unsuccessful. Data on our prison population add additional elements of support: about
48% of perpetrators are about 30 years old, and 43% are first time or multiple recidivists.
2.2.2. In the trinity of juvenile delinquency: perpetrators, types of crime and sanctions, the perpetrators (adolescents) are nonetheless the most important. Empirical data show that the bottom threshold of the age when young people began committing crimes thirty years ago was about 12, with very rare cases below that age, while today the threshold has moved downward, and we see perpetrators well below the age of 12 committing hard criminal acts – at the age of seven. This was the reason contained in the proposal for a
Juvenile Delinquency Code, to lower the age for criminal responsibility of minors to 12 years of age28. However, a number of international institutions that are involved in issues related to juvenile delinquency, sent signals that recommended that the lower age for criminal responsibility of minors be set no lower than 14 years of age.
This problem requires additional consideration. In the past, criminal acts were perpetrated by older minors. They comprised the bulk of the population that was criminally charged and who received a sentence. Next in line were younger adolescents, and lastly, children up to the age of 14, whole participation in the overall figure was constant at about 30%. Now, the participation of children in crime has increased to 42%.
28 LJ.Arnaudovski, L.Nanev: Maloletni~ki kaznen zakonik, 2001 godina. At the same time, the police claims that this alarming figure has increased and that detection of such perpetrators occurs not after the first criminal act, but only after a series of such felonies that go up to forty. In the context of the above claims about the impact of juvenile crime on the overall crime rate, this information is all the more important.
This means that they commit criminal offences in succession and they are tried for them cumulatively. Such a state raises a number of issues related to the prevention and the fight against juvenile crime in all its aspects: from police detection, to public prosecutors office, to rulings on various charges, raising charges in the courts, including all the elements that are part of the pre trial process, to the verdicts, types of sanctions, and serving sentence. The situation has had an effect on one of the basic principles of the penal procedure in the case of juvenile delinquents: URGENCY. Procedures take a very long time, which is in breach of one of the verified principles of criminology: the longer it takes the state organs to react from the moment of perpetration of such criminal act, the weaker the effect of the reaction. Just to illustrate: more than 46% of criminal offences committed by minors are tried cumulatively. As for the personality of the perpetrators, available data suggests that, as a rule, minors are tried for criminal offences cumulatively, which says that this kind of criminal behavior is a pattern of social behavior for these persons.
2.2.3 Young people live in groups. In the group, they feel safe, but also within it, they build the system of values and patterns of social behavior. Consequently, the group is also the model for criminal behavior. Accidental groups later become structures
“Juvenile gangs” who commit serious criminal offences. Minors do no commit various forms of offensive behavior (asocial behavior) as individuals, rather as members of juvenile gangs. This kind of behavior is characterized by indolence, malevolence and negativism, the urge to do damage is greater than the perceived benefits from such an act, vandalism that turns into violence, unscrupulous behavior, brutality and cruelty in the attitude towards the victims. This is the basis of the distinct “sub-culture” that maintains the strength of the organization, i.e. the gang, but it also determines the form of criminal behavior29. In order to explain the character of juvenile gangs, it is important to mention the theory of different choice, which is based on the concept of “illegitimate choice structures”, which unlike the legitimate ones, favor unacceptable means for the realization of various goals. The type of subculture that exists in gangs depends on the type of choice which is available to the members of the gang. Thus, they move towards criminal sub culture. Members of criminal gangs prepare for subsequent partaking and a role in organized crime30. One can say that the methods of violence present in all forms of organized crime seem to derive from juvenile gangs and groups, by members of those gangs who have joined or formed criminal gangs that have the phenomenological characteristics of organized crime groups.
2.2.4 Socio pathologic occurrences like alcoholism, drug abuse, psychotropic substances and precursors, prostitution, gambling, vagabond behavior, vice, living on the streets, homelessness (children on the streets), begging have always been accompanied by criminal behavior, in general, and particularly so in the case of minors. One say easily posit that they have the same etiology. However, in recent times, the links between sociopath behavior and juvenile crime have become very strong: criminal behavior generates certain sociopath behavior characteristic of young people of one period, and
29 G.Ignjatovik: Kriminolosko nasledje, Beograd, policiska akademija, 2002, god. p.13 30 Ibid., p.19 such behavior generates certain kinds of crime. Drug abuse, as a form of escape from reality, has generated the most severe crime related to drugs, psychotropic substances and precursors. At one time, minors were consumers, users of substances, while now they appear as perpetrators of such crimes in all phases: as dealers and producers, traffickers and organizers of criminal gangs. That is not the only problem. As a form of organized crime, drug crimes are connected with other types of crime, such as drug trafficking, cigarette and tobacco smuggling, arms trade, money laundering, corruption. No less dangerous is the trafficking of human beings, in which case children and adolescents of both genders are the most frequent victims of abuse, sexual exploitation in pornography and prostitution
The situation in the other types of crime is also similar: adolescents appear as drug dealers, they deal cigarettes and arms; they organize jaywalking and begging as a criminal means of collecting money, etc. In these types of crime, as well as in some of the others mentioned earlier, adolescents are most often the perpetrators of criminal offences, but even more often, they are victims.
If juvenile delinquency, in all its forms, is an indicator of the position of minors in society, then juvenile delinquency together with sociopaths, or by themselves are a very serious indicator of the social, economic, legal, educational, and socio-cultural position of the young people in the state. Sociopath behavior is a direct product of social, economic, legal and political alienation, of individual groups and general social disorganization.
More importantly, sociopath behavior includes all types of sexual, emotional and intellectual vice. If one accepts the view that this is behavior “deviation from the average, normal behavior in a society”, then one is faced with the problem of defining what is “normal”, which for centuries, has determined the level of civilizational and human development. Of no lesser importance among young people are the problems of social diseases, especially those that are widespread, such as AIDS, promiscuity, prostitution. Due to these reasons, these occurrences are linked to the material and spiritual alienation of human beings and make it a complex and complementary phenomenon31. In this context, the Dirkam’s theory on anomy and its application is once again gaining in significance. Sociopath behavior is the direct product of forms of alienation of adolescents32
2.3 Criminal offences and perpetrating such acts satisfy some needs of adolescents which they cannot otherwise satisfy by legitimate means. Or, they solve some problems that cannot be solved through the existing social, legal, political, educational and other systems. This fact in itself determines the forms through which problems are solved and they form the types and categories of crimes perpetrated by adolescents. However, contemporary way of life has placed the needs of young people in a different light; they are constantly increasing, while at the same time, the means to satisfy them by legal means and in a legal way is constantly decreasing. This situation has two effects: it has led to increased crime among adolescents, which is manifested through new phenomenological forms and types, in new areas of social relations. If previously the specter of criminal offences perpetrated by minors was rather limited, juvenile delinquency now has expanded to new realms and has taken new forms. In the past, the dominant form of criminal offences committed by minors was property crime, theft being the most common form. Property crime comprised up to 78.0% of the overall criminal
31 LJ.Arnaudovski: Predavawa po socijalna patologija,Skopje Stopanski zbor,1983,p.105 32 E.Dirkem, pravila sociolo{ke metode, Beograd, 1963 god. offences committed by minors. Theft of all kind and in all forms was the most common offence. This means that minors satisfied certain material needs, and as such this was the response to the material conditions in which they lived and their means to satisfy their essential needs. However, things have changed since then, in the case of petty theft and major robberies, burglaries as well as pick pocketing and racketeering. They are now associated with violence in unprecedented form and scope. Minors get involved in violent crime, including serous felonies such as murder, “gray economy” activities, especially in the illicit trafficking of drugs, arms and other good. Criminal offences related to degrading the dignity and moral of persons is on the rise, accompanied by trafficking of human beings and involvement in prostitution, criminal acts general safety regulations, including traffic safety. New forms and types of criminal offences have contributed to a growing number of acts of this kind being committed in conspiracy, by groups of three or more persons, as well as acts committed in succession. Criminal offences committed in conspiracy take up more than 60% of all criminal offences, and criminal offences perpetrated in succession take up about 70%. A major characteristic of juvenile delinquency is repeat felonies. Almost 70% of minors have committed their first criminal offences as children, and then continued their criminal career: 13 % as repeat felons and 17% as adolescents.
In this context, one methodological problem deserves particular attention. Juvenile delinquency in its new phenomenological types and forms imposes the need of constructing a new methodology for registering, following and presenting data about this type of crime. This is essential for all criminal justice organs: the police, public prosecutors offices, the courts. This is especially the case with court statistics of such crimes, as well as the statistics of the Center for Social Services. The accrued data organized under the old methodology, cannot give a true and correct picture of juvenile crime and delinquency.
In light of the problems that are examined and studied in this project, and in the context of creating a new Law on Juvenile Justice, it is necessary to come up with new definitions for occurrences that are followed and registered. This is all the more important in the context of creating the preconditions for realizing juvenile justice, in view of the close links between juvenile crime and sociopath occurrences, unresolved questions related to juvenile misbehaviors, such as disruption of public order, the presence of “risk groups” in certain segment of society and environment, as well as the group of “street children”. It is necessary to register and to follow where they appear as perpetrators, as well as “black and white streets” (ghettos), hazardous areas in legal, social and economic terms, as well as crime related situations that facilitate the recruitment of criminals.
2.4. Juvenile crime is a very dynamic phenomenon, varying in terms of the characteristics of the perpetrators. At all times, it has to be considered within the framework of the time and the place where it is committed, but also in the context of criminological prognosis, as the basis for establishing a concept for prevention. Thus, juvenile crime bears the phenomenological characteristics of the space and time where it is committed. This is particularly the case in our country, which in the past ten years has undergone major structural changes. Some denote this process with the term “country in transition” The country has changed in comparison with the past, in terms of all the characteristics that are mentioned in the above text. This paper does not seek to list all criminological phenomenological characteristics, which have yet to be researched. The aim is to point out to the fact, that changes in the social structure of the state has brought a new wave of juvenile crime and we have to approach its deterrence, obstruction and prevention in a totally new way. This new way is imposed by the need to remove in a timely and successful manner the changes that are the result of the contradictory internal development of our society, which are important criminal etiological factors in these types of crime. These are changes in the political system which have brought to a new organization of the state based on the multi-party parliamentary system, abandoning the one-party system and the introduction of a new system based on the principles of the rule of law, separation of powers, affirmation of the legal order, human rights and freedoms and democracy. These changes establish the position of children and adolescent in the society in a new way, based on the Convention of the Rights of the Child.
The multi-party system, democracy, free political expression did not circumvent young people. The politization of the population as a whole, the young among them, has opened the processes of manipulation, party politics among the young to the extent and level of massive violation of their right, and their political rights in particular. Politization has led to discrimination on party basis and on the basis of political orientation, especially in terms of employment opportunities and one’s place in society, to which young people are most sensitive and threatened. They have become the objects of the most repulsive political manipulation.
The changes in the economic system are especially significant, because they have inevitable led to changes in the social structure of society. State ownership was abandoned. Through the process of privatization, the means of production and capital started to pass over in private ownership. This, in turn, led to the complete disintegration of the economic system, and the closing, liquidation and bankruptcy of factories and enterprises, pending the new organization of labor and production by the new owners. As a result, thousands of people were laid off work, leading to the highest unemployment rate in Europe and pauperization of the population. Families were impoverished even to the level of their disintegration, especially in cases where both parents were laid off.
Unemployment led to a growth in smuggling activities, which consequently led to the
“gray economy” in which young people were involved. The smuggling of goods that brought large profits, such as oil, cigarettes, foodstuffs, drugs, arms, clothing, etc. became more and more viable. In Macedonia, these processes were accompanied by economic and political blockades which aggravated the situation even more. Then followed the crisis in Kosovo, because of the war in Yugoslavia, and then the war in Macedonia. In such circumstances, children and adolescents were anything but protected. Just the opposite, they were so politicized that they were in the first ranks in all political and similar events. Therefore, inter-ethnic relations in the country deteriorated, manifested by severe clashes between highly politicized young people. These clashes were particularly acute in the educational system, and especially so in mixed schools, which led to fights and police intervention. In the context of these changes, one cannot avoid mentioning the deep social differentiation of the population in Macedonia. Some people got very rich in a very short period of time though various criminal transactions, such as privatization of state owned capital, or smuggling of various types of goods, or by not paying taxes and other dues to the state. The young generation was most affected by process of inequitable distribution of social capital, or rather its criminal distribution, because of their delicate nature and the impulse to react to any kind of injustice, including the major injustices that happened in Macedonia. There are areas which from the point of view of etiology and phenomenology of juvenile delinquency has yet to be examined in studies, because its consequences may be delayed, but not avoided.
There is no doubt that this new wave of juvenile delinquency has been strongly affected by the transitional processes and changes, which have also led to sever and massive violations, restriction and impediments of the rights and freedoms of children and adolescents in general, and of those contained in the Convention on the Rights of the
Child in particular. The fact that we are putting a particular emphasis on this imposes the need of a new approach in studying juvenile delinquency, as an empiric and scientific basis for the concepts for is deterrence, impediment and prevention.
2.5. The Convention on the Rights of the Child, also presents in a new light the issue of defining criminal, punishable and delinquent occurrences perpetrated by children and minors. In criminology, there is not clear and generally accepted definition of juvenile delinquency, i.e. juvenile crime. Various terms are used: juvenile neglect, juvenile deviant behavior, juvenile delinquency, and juvenile crime. In creating these definitions, two categories are considered and mixed: the age of the minor, and they type of behavior.
From the point of view of the one or the other criteria, all of these definitions have the aim to protect minors from the unnecessary, to restrictive repression of the state that creates psychological and physical traumas in children and adolescents. All of them are established based on the correlation between adolescence – type and form of behavior, which are sometimes important and sometimes not. Nonetheless, the severity of the criminal act is not disregarded by relevant bodies on the behavior of the child or adolescents. Penal and legal reactions are connected with the occurrence of what we have labeled as juvenile crime, which means behavior which the Criminal Code of the country has established as a criminal act. However, the essence of the category of
“juvenile” is to protect the child or the adolescent from criminal responsibility and protect them from penal sentences which are not adequate to their involvement. In this context, the Criminal Code has successfully solved this problem. But this kind of protection is lacking for children who are not legally responsible. Because of their age, they do not have access to help and protection from the society in regards to the criminal act that was perpetrated, which these children need in essence. They are sent to the
Center for Social Services or the center is notified about hem. However, they are care- taking centers, and they are not authorized to provide dual care for these minors: care, assistance, protection and measures enforced by force if need be to ensure proper socialization. The fact that the minors who commit these criminal offences constitute almost one-half of the overall juvenile crime population supports the view that these children cannot be neglected by society. This reaction does not always have to be in the form of sanctions, but society cannot allow these minors to be left without care, help and assistance.
In contemporary criminological and criminal justice thought, there is a growing understanding that the criteria of “juveniles” Based on age groups and criminal sanctions should be abandoned 33, especially when creating terms and definitions that have to include all children and adolescents who commit criminal offences and from the point of view of the Convention on the Rights of the child, their protection, care and activities that are in their interest. To that end, there is a need to change the regulations which provide
33 LJ.Arnaudovski: Vonzavodski vospitni merki vo jugoslovenskoto krivi~no pravo, Skopje, Kultura, p.52. different treatment of juveniles as perpetrators of criminal acts and misbehaviors. In fact, this view is upheld in the Standard rules of the UN for implementation of court rulings against minors34 and in the Peking rules. In point 1.4 it is states: Juvenile justice shall be conceived as an integral part of the national development process of each country, within a comprehensive framework of social justice for all juveniles, thus, at the same time, contributing to the protection of the young and the maintenance of a peaceful order in society.35
34 Standard Minimal Rules, UN General Assembly Resolution no. .78/62 I 40/33 of 1958 god. 35 Beijing Rules, UN Resolution no. .40/33 of 29.11.1985 , Concil of Europe, Resolution no..78/62 3. Deterrence, Suppression and Prevention of Juvenile crime
Three terms are used in the criminal justice processing of juvenile crime. They all signify a different approach to this occurrence, embodying a different philosophy, understanding and means. All of these approaches are elaborated differently in the convention of the
Rights of the Child.
3.1 Throughout the history of the fight against juvenile delinquency and crime, societies have undertaken means and measures to prevent it. As a rule, the prevention of juvenile crime is conducted by law enforcement organs (the police, public prosecutors, courts, institutions that enforce the sanctions), together with forceful and repressive means and methods. In this context, the fight against juvenile crime was guided by understanding that juveniles are “small criminals”, by implementing reduced penal sanctions, abiding by the principle of malitia cyplet aetatem – evil compensates youth). In addition, it always sought to respect the principle that it dealt with minors, by implementing softer penal measures when constructing the special system for sanctions against minors. They are labeled as “upbringing measures”, and it claimed that they are not repressive. Unlike sanctions which look back to the past, these are forward looking towards the future of the minor. This system of prevention of juvenile delinquency lives on and is implemented to this day, in a more or less expressed manner. More so in the actions that are taken rather than in defining them, and by eliminating all forms of repression in their implementation.
In addition, there are provisions and steps for elimination of repressiveness and repressive measure by all criminal justice bodies: from detection of criminal offences, to preparatory procedures, rulings and execution of sanctions. 3.2 Suppression of crime, juvenile crime in particular, means taking measures towards minors undergoing criminal procedures, in all phases and by all involved organs. This is done in order to discover the reasons for such criminal behavior and to direct the activities of each organ towards resocialization and upbringing. It is said that unlike sanctions, the essence, the content and the manner of implementation of upbringing measures allow them to have a positive impact on eliminating the reasons leading to criminal behavior. This is their major asset. Ultimately, sanctions against criminal offenders who are minors, should be directly aimed at eliminating, crime promoting situations, influences, personality changes as well social and other changes that contributed to the criminal behavior of minors. Therefore, they deal with individual
(personal) and specific (group) factors of crime. Suppression entails programs, advanced methodology by all organs and institutions that work in this area, with the aim of decreasing juvenile crime.
3.3 Prevention is the segment of activities taken within a society and its institutions in order not to allow conditions, relations, processes and occurrences in a society that lead to crime among young people. Hence, it deals with primary and secondary prevention.
Primary prevention should eliminate, impede and suppress the situations which are seen as crime factors in the etiology of juvenile crime. Secondary prevention encompasses forward-looking activities which seek to warn of the situations, relations and events that have a criminal effect on young people.
But, because society is not an empty set in which juvenile crime is as we have described it, prevention also seeks to establish a scientifically based concept with programs, activities, measures and procedures of all state organs and institutions with general, specific and individual measures for eliminating the etiological factors that lead to juvenile crime. This means a strategy for eliminating all unfavorable, negative and conflicting positions of young people in order to deter, suppress and prevent juvenile crime. Prevention means programs on a general and local level, for eliminating the conditions that have a negative impact on the lives of young people and creating favorable legal, economic and social conditions for proper development of children and adolescents.
Prevention encompasses activities contained in suppression and prevention of juvenile crime. It is an every day activity, constant, dynamic and in touch with changes that are occurring in society, especially those that have a negative impact and influence.
The strategy for prevention of juvenile crime entails a program that will secure systematic and constant examination of prevention as a whole, its implementation and the effects achieved in all segments, as verification of the concept and the success of the strategy, and verification and valorization of the achieved effects and results, and as a basis for its further advancement based on obtained results of the research conducted with adequate scientific methodology providing explicative and reliable results. 4. From the Concept of “Small Criminal” to the Concept of Juvenile Justice Law
4.1. Throughout the history of society and state, the underage status of children was the reasons for a privileged status of perpetrators of criminal offences in terms of their criminal responsibility and sanctions. On the basis of various criteria, minors were considered immature, unable to grasp the responsibility for his/her actions.
Consequently, the Criminal Code or sanctions were softer and less severe. However, the whole notion of juvenile has a different connotation in different parts of the world, and in different states, because of the lack of strong criteria. It was believed that the geographic, climatic and later, cultural, social, economic and other conditions have an impact on the faster of slower pace of maturity of young people. Notwithstanding, maturity was defined and identified with reaching a certain age between 7 and 14. This is an objective determinant. The subjective elements in the cases of criminal behavior of juveniles take into consideration that this is a person who is not fully developed, and has not achieved biological, somatic, psychological and intellectual maturity, or socially maturity. As a result, adults, citizens, the state and society uptake a gentle stand towards such persons.
However, there is always the conviction that even when mercy is shown towards minors, the perpetrators must be awarded adequate sanctions, more or less pleasant, for demonstrating what can and cannot be done, what is good and what is bad, what is and is not allowed. Thus, a system of values was built, which juveniles had to accept by force and adhere to it. But is has always been believed, and it is still believed today, that repression as a response to crime is the only successful means of fighting crime. The greater the repression of the measures, the greater their efficacy. In particular, it was believed that repressive measures, measures of intimidation and vengeance produce a successful result among minors. These beliefs are the basis for the viewpoint that
“minors are small criminals”. This standpoint is especially emphasized through the procedure of “youth does not justify malice” (malitia suplet aetatem). This means that while this principle is implemented, the sanctions against criminal offenders who were minors were the same as towards adults with a tendency to acknowledge their underage status and to implement measures in a reduced type and form.
In the theory of criminal justice and criminology and in the practice of the courts and execution of sanctions towards minor, there is a slow and gradual awareness of the need of establishing a distinct, justice and penal treatment towards minors vis-à-vis their status as minors. The French bourgeois revolution brought new ways of thinking and relations in all spheres including the organization and functioning of the state though the
Napoleonic Code. This brought about new ways of looking and new solutions to how minors should be treated in the Criminal Code and in other crime related laws. There was a tendency to change the status of minors in penal legislation, but mainly in terms of sanctions, i.e. sanctions applied against adults in a reduced form. The French penal law has developed, in continuity, the concept of “desernement” as the basis for establishing the penal responsibility of juveniles with certain elements of mercy. This behavior is seen as unpremeditated and unsound. Such a view towards criminal responsibility has as a consequence the establishment of a new system of sanctions – upbringing measures that are applied in the case of juveniles. The particularity of the system of measures that are intended for juveniles is that they are to a large measure devoid of repressiveness. Their aim is to re-educate and educate juveniles so that they do not commit criminal offences in future. At the same time this meant that the concept of repression as the omnipotent and efficient means for fighting crime was slowly being abandoned, both in the case of crime in general, and in the case of juvenile crime in particular.
This concept, which in the course of the second half of the 19th century and beginning of the 20th century was accepted by most systems of criminal law, especially in Europe and the US. It had a major impact on the general concept of dealing with juveniles when they appeared as criminal offenders. In turn, this meant abandonment of the criteria of the severity of the criminal offence as the basis for choosing and applying a certain sanction, including the personality of the juvenile as the basis for choosing and implementing the sanction. This concept inevitably led to changes in procedural penal law and the processing of juvenile criminal offenders. As the system of adult Criminal Code for minors was being abandoned, the concept developed for creating special, “juvenile courts” where juveniles will be tried. This concept was particularly developed and practiced in Scandinavian countries.
Though these tendencies for changing the position of juveniles in criminal law and procedures, two additional and very important theses were developed that influenced the course of development of juvenile penal law. First, the awareness (especially in criminological theory) that the special position of the minor in criminal law can be secured by a special body of juvenile criminal law, separate from the criminal law that applied to adults. Second, that juvenile penal law has to develop independently, because the concept of its development determines the concept of development of criminal law, criminal justice theory and practice as a whole.
What happens to juvenile criminal offenders on the territory of the Republic of
Macedonia? We will not go back into history, at the time after World War I, when Macedonia became the Vardar Province within the Yugoslav Kingdom. At that time, the criminal jurisprudence of the Kingdom of Yugoslavia passed in 1928 applied in
Macedonia, and it was assessed as contemporary, modern legislation created under the influence of and by accepting the modern ideas related to the criminal justice system. The position of juvenile crime offenders was determined by this principle, while desernement was taken as the basis for criminal responsibility and for a special system of sanction and upbringing measures, which did not exclude penalization of the minors.
After the Republic of Macedonia became a federal unit in the Socialist Federal Republic of Yugoslavia, after World War II, it was the Yugoslav criminal law that was applied.
The first criminal law jurisprudence of SFRY was evaluated as classic repressive, severe and socialist, based on the notions of repression. The position of the juvenile offender was established on this basis and within the framework of the understanding of the principle of desernement as the basis for establishing criminal responsibility. Upbringing measures were introduced as special measures, which did not exclude punishment in accordance with the gravity of the criminal offence. The Provisions related to minors in the Criminal Code of 1959 were set out in an individual chapter, which is a step forward in terms of the 1947 Criminal Code. The Criminal Procedure law of 1948 also foresaw special proceeding towards minors. The changes of the criminal jurisprudence of SFRY that followed later on did not bring about any major changes vis-à-vis minors. The 1973 changes, introduced in the criminal procedures towards minors the participation of the
Center for Social Services was established in all phases of the procedure, as a care-taking body that helps the court to become acquainted with the personality of the minor, helps protect the position of the minor in the criminal proceedings and as an organ responsible for implementing the disciplinary, upbringing measures, as well as measures of heightened supervision. Without doubt, these changes signaled a move forward in eliminating the severe and formal norms when dealing with minors and eliminating the strong formalism of the criminal procedure.
In 1984, for the first time the Republic of Macedonia received it own Criminal Code. The provisions of the Criminal Code of the SFRY contained the general part that pertained to the whole territory of the SFRY and on the territory of the Republic of Macedonia. This
Criminal Law did not bring any major innovations in terms of the position of juvenile offenders. This is a period of dissatisfaction with the solutions that pertain to juvenile offenders, both in terms of the theory of criminal justice and judicial practice. Because of that, the attention becomes focused on their implementation, especially by introducing new judges for juveniles that follow their own docket. As well as the activities of the
Centers for Social Services, in particular regarding the implementation of upbringing measures. Juveniles who received institutional measures as a sentence, serve the sentence in special correctional institutions, while minors sentenced to juvenile prison, serve the sentence in a separate unit within the Penal and Correctional facility, apart from adults. The general satisfaction is related to the fact that the sections of the Criminal
Code pertaining to minors contain a wide specter and a developed system of sanctions and punishments that make possible the process of resocialization, socialization, and upbringing of juveniles.
After the Republic of Macedonia was established as an independent state, there were many changes and amendments to the body of criminal law. However, the provisions that regulated the position of juveniles in the criminal jurisprudence did not change much. The latest changes and amendments of the Criminal Code of the Republic of Macedonia of March 2003 do not bring many changes in terms of minors, because presently in the process of realization is the concept of passing a law of Juvenile Justice that will regulate all issues related to juvenile offenders. This means realization of the concept of detaching juvenile offenders into a special law.
The situation in regards to the position of minors in criminal law, when they appear as criminal offenders, entails solutions that are not in accordance with current and contemporary developments of criminal justice theory and legislation around the world that regulated this matter. Inevitably, we have to conclude that it is inadequate, because it is static and inert in terms of advancing the position of juvenile crime offenders. In 2001, as part of the activities of the non-governmental organization “Council for Prevention of
Juvenile Delinquency” from Kavadarci, a draft text of a Juvenile Criminal Code was prepared 36. This document proposes a new system of sanctions against juveniles, which includes some alternative sanction, and foresees new procedures for juveniles that include special engagement of the Center for Social Services throughout the whole process and proceedings involving juveniles. The proposal does not resolve all issues related to juvenile justice, but it does offer a solution that leads to the separation of juvenile penal law into a distinct field, regulated by a distinct Law. This can be assessed as the first and initial step for finding new, modern and contemporary solutions to the position of minors in proceeding where they appear as perpetrators of criminal offences. In essence, this proposal is based on the Convention of the Rights of the Child and on the principle of action in the “best and full interest of the minor”.
36 LJ.Arnaudovski, L.Nanev: Maloletni~ki kaznen Zakonik, 1961 god. In terms of the existing state of affairs related to juvenile criminal law and juvenile crime, there is room for dissatisfaction, mainly in two areas. However, both of these areas have one common characteristic: lack of implementation, even when relatively good solutions exist.
The section of the Macedonian penal law, covering procedural law, despite the existing solution to have a special heading with provisions when dealing with juveniles, does not regulate the protection of the position and rights of the accused juvenile in the pre- criminal procedure, nor the position of the police and the centers for social protection as organs that have to provide care and protection of the juvenile the criminal procedures.
Also, another aspect that is not adequately regulated related to juvenile criminal offenders is the situation where the procedures have been stopped because the accused is underage or because of inappropriate measures. Also in this segment, the position of the Public
Prosecutor in procedures against juveniles is not clear. From the point of view of protecting the rights and the position of juveniles who are part of a criminal procedure, it is essential to make changes in all phases of the procedure, by introducing international standards for “fair” and just trials.
A particular weakness of the existing system of treatment of juveniles in the Republic of
Macedonia is the existence of developed system of criminal sanctions and upbringing measures that never took hold and were never implemented consistently, especially the upbringing measures. Of the total number of upbringing measures, four never became operational. The fact that they were put in operation is all the more important because they had to express the new, non-repressive approach to suppressing juvenile crime. This was also the case in the process of executing upbringing measures, because of inadequate responsibilities, authorizations, organization, work methods, adequate staffing, and material resources of the Centers for Social Services that affected their work.
Unfortunately, this impedes the possibility for proper evaluation of this kind of a penal system in the fight against juvenile crime and for relevant conclusions about its efficiency.
The introduction of juvenile judges has not changed drastically the efficiency of the procedure nor the position of the juvenile in such a proceeding, both in terms of the treatment of the minor and the trial which should be in accordance with the needs of the juvenile and the choice and implementation of sanctions. This is because there have been no changes, and there are no conditions in the courts that allow juvenile judges to work differently and in a new way. Thus, the disparity between the regulations and practice is the key problem which does not allow the valorization or advancement of the system.
This project will provide empiric verification of this claim.
4.2 The development of the idea for a Law on Juvenile Justice and setting up a concept that will help it to develop accordingly for each country, was born under the influence of two important facts: first, that contemporary society through the UN, has worked to develop the concept of identifying, guaranteeing, protecting and realizing human rights and freedoms that correspond to the level of civilization. According to this concept, a child is identifies as a human being, with all rights and freedoms. Children need them particularly, because they are major requirements for securing their proper development as a free creative person, from the time of birth. This aspiration is best manifested with the adoption of the Convention on the Rights of the Child. Secondly, despite all positive proclamations about children and adolescents as the future of the society, history is telling us that no society ever has undertaken measures and procedures that will embody and enable concrete care for children and adolescents, including creating condition for proper development, care and protection from unfavorable influences that all societies have to deal with. If juvenile crime is a direct indicator for the poor and unfavorable position of young people in society, the fact that the state cannot and does not have juvenile delinquency under control, is sufficient evidence that it does not fulfill its function of care and protection of children and adolescents, mere partial control over those that it punishes. The state is declared as “parens patria”, but up until now it has never developed a social, well fare and economic system of prosperity for the young, it has not developed a system of educational measures for upbringing, care and control.
The Convention of the Rights of the Child has the aim of imposing the need to countries which accept it, to develop a concept of measures and procedures that will bring to the forefront the engagement of the state in the protection of children and adolescents.
Same as all great ideas for reforms of penal legislation, this one, too, for a special penal legislation for juvenile crime offenders has developed slowly, from the beginnings of the
20th century. Some Scandinavian countries (the Netherlands, Sweden, Belgium, Denmark and Portugal) started to pass legislation that sought to develop the system of upbringing measures and their implementation. These aspirations gained full form in the laws which these states passed at the end of the last century. In 1980 Sweden passed a law for social services and in 1990 the Law on the Protection of Juveniles; this was followed by
Denmark and Norway, that resolved also the issue of prosecution i.e. care for children under 14 years of age when they appear as criminal offenders. This is the direction of the changes that are ongoing now, and of the amendments of the laws that are passed and are related to juveniles. However, there are growing tendencies for separation from the body of laws for adults, and to develop the concept of care, protection, assistance, upbringing and supervision of young people. This kind of approach towards the position of juveniles in criminal law, resolves, in essence, the unending conflict in this area of criminal law – from the concept of “small criminal” that was around the longest, to the concepts of abandoning repression and retribution of the penal system against minors, by introducing upbringing measures all the way to the concept of wellbeing and care of the society for the proper development of young people, through the theory of “parens patria” and by accepting the realization of the 4D concept: diversion, dejuridization, deinstitutionalization and due process: procedural boundaries for just procedures.
Therefore, the concept of the Law on Juvenile Justice has to resolve two key areas of treating juvenile criminal offenders: care, protection, upbringing, supervision and creating conditions for proper, unimpeded development of young people as a first phase.
This should entail consistent implementation of the provisions of the Convention on the
Rights of the Child, i.e. defining, guaranteeing and protecting these rights and creating conditions for full realization. This kind of an approach towards the Convention of the rights of the Child, means consistent implementation of the provisions of the Standard
Minimal Rules for Juvenile Justice of the UN, the Beijing Rules of 1985. The rules for the protection of juveniles under detention (1990 Havana Rules, Riyadh rules of the UN for prevention of juvenile delinquency from 1990 and the Recommendations of the
Council of Europe, especially the document on Social Reaction To Juvenile Delinquency
(87)20 from 1987. In this way, the Law on Juvenile Justice helps secure consistent implementation of international standards for the behavior of responsible organs towards juveniles, when criminal procedures are led against them and application of an upbringing measure that will express the care, protection, upbringing and education of minors by the state. This tendency to secure maximum protection of juveniles in the interaction with repressive and well-fare institutions, in phases of detection, indictments verdicts and execution of sanctions. The system of sanctions for adolescents and children is administered without repression and with the aim of socialization of the young individual, because he/she had not had proper social development until then. The socialization of the person is realized by discovering and developing positive traits, positive views and system of values, though the principle of an individual approach to the minors by all organs and in all phases of the procedure.
It is our view that a Law on Juvenile Justice founded on these bases, can be the basis for the first phase of resolving the position of juveniles in society. Following the completion of this phase, another will have to follow, that will fully complete the concept of social and preventive function of society in its attitude towards juveniles. This approach should include gathering on of all criminal offenses committed by juveniles which provides the specific relationships of the offence and how it is influenced by the state of adolescence.
In this regards, offences and offence procedures should have a special place, as well as felonies committed by juveniles, which are in relation to them being minors: injuries or disciplinary violations in schools or during sports activities. This concept should also include adequate protection of minors in families, schools, work and other institutions, as well as other forms of juvenile abuse. This will achieve the goal of having deviant, delinquent and criminal juvenile behavior side by side with rights and freedoms guaranteed by the Convention on the Rights of Children in the same document. This will secure complementary care, protection, assistance, upbringing, and supervision as obligation of society to secure the wellbeing and the conditions for the proper development of juveniles. Part II
Practices in the Implementation of Institutional and Non-Institutional Measures
Introduction
Almost all children are in the age group of 14 and 18. They have all been in conflict with the Law, have broken the law, have committed offences in their country, inflicted wrongs on people to a varying degree.
They are best known by the Centers for Social Services, by Correctional Centers and some by Juvenile Prisons. For most people, they are thieves, vandals, brutes, drug addicts, killers on the loose who would not flinge an eye at killing someone. Their victims are most often innocent civilians; people they do not know. They attack them in buses, markets, in the houses where these people live, on the street, in stores, banks, exchange offices. Often times, they carry out the attacks wearing masks, but they frequently don’t have to do so because their hands are skilled to perfection, and their legs swift and their eyes sharp. Still, it seems that they are far from being perfectly swift or clever because the police often catches them.
They are young, almost children, but they are awarded sentences; not based on how much and how they have violated the law, not based on the gravity of the criminal offence they have committed, but above all for the purpose and with the aim of helping them return to the normal courses of life.
Although they are young, they are usually aware of their mistakes, of the gravity of the offences they have committed. Almost all of them understand that the path they have taken will inevitably lead them to the bottom of life. Frequently they blame themselves, less often the society where they live, the law, the environment, school, and less frequently still those who are after all most responsible for their life and conduct – their parents. Many of them try to understand and justify their parents for the maltreatment and neglect they have received from them, for the fact that that parenthood for these people ended with the completion of the biological and reproductive function. Perhaps, it is because these children know best that their parents, as they, are also victims of poverty, alcohol, drugs, illness and most frequently poor family relations. Societies and states make the effort to help them and to bring them back to the true path in life. In the process of creating criminal justice, care is given to taking into consideration that young people are at stake, people who should be helped with adequate upbringing measures , not by severe and rigid penal measures.. However, in practice there seems to be something lacking, because many of these children are repeated criminal offenders, especially of theft, hard theft and vandalism, which is a clear signal that something must change radically, both in terms of the law and how it is implemented. More so having in mind the large figures of newly registered offenders, corroborated by the increase of volume of the offences committed in the big cities in particular.
Above all, however, we should try to understand that all of these young people, children in fact, need human understanding, warmth and love. This is what they lack most. The lack of love and the strong need for love perhaps has led some to look for it in the wrong way and in the wrong place. Do we have the right to judge them too harshly? Do we have the right to treat them like criminals, monsters that we should protect ourselves from? Let us also think and try to understand and accept the truth that we as individuals, some more some less, contribute and have to take our part of the responsibility for the delinquent behavior of these young people. Their souls have been filled with suffering at much too young an age, but they still show sparks of honesty, goodness and love for mankind. This is clearly demonstrated by their testimonies, some of which we present in our study.
The Life Story Of Sali
He is 17, but he looks like he is 12-13. It is not just the physical appearance that gives out that impression, but also the slow movements, the soft tone of speech, more like a whisper, and the sadness that is flowing out of his eyes. A child, yet an old man.
- How long have you been in the Home, Sali?
- Two years and four months
- Where did you live before coming here?
- Lot of places. In homes, in cellars, on stands, in the market, in all sort of holes.
- Why Sale? Don’t you have a father, a mother, a house?
- I have a mother and seven other brothers and sisters. My brother Dzezair is the only one older than me, the rest are all younger. I don’t have a father, I don’t know who my father is, and my brothers and sisters don’t know their fathers. Our house is in Shutka, but you can hardly call it a house – made up of mud and cardboard
- Your brothers and sisters live there, no?
- I don’t know, I hardly go there at all. Some of them don’t live there, some of them are in homes like me.
- How old is your mother Sali?
- I don’t know, maybe about 34 or 40. Maybe more, I don’t know. - Does she work?
- Yeah, she works the streets.
Sali falls into silence and so do I.
- Sali, when was the first time you ran away from home? Do you remember how old you were and why exactly you ran away?
- I couldn’t stand looking at my mother. I was ashamed of her. I heard so many bad things about her. I couldn’t eat the bread she put on the table.
- But you could have turned to someone in school, to relatives, neighbors.
- I was ashamed, I was ashamed of everyone, most of all myself.
- This is why you ran away and started roaming.
- Yes, I roam and I steal. I’ve been caught. I’ve even been beaten. I’ve been caught by the police. They took me to a Home, but I ran away from there too.
- How is the life of a rambler? Do you like living this way?
He looks at me straight in the eyes and doesn’t say anything. I don’t know if I should continue to torture this human being wary of life way before his time. I want to find something bright to say, something that will make him smile.
- Well, Sali, you are a real veteran in the fight of life…
He smiles, but somehow with bitterness and I am already sorry that I made this feeble attempt. I don’t want to offend and hurt this boy and already an old man, with my questions. Still..
- How do you like it here in the Home, Sali? How are they treating you? - Fine, fine. The teacher Vangel is particularly nice to me. He is a sweetheart. I like him very much. He teaches me well, but who knows if anything good is going to come out of me.
- Sure it will Sali, why shouldn’t it? You are still young and you have plenty of time to live and experience good things in life.
- I wish it were so. But, I keep asking myself what I have done wrong? Why wasn’t I born like the others, with a father, in a rich house, with a good mother. Is there any justice in this world?
- Yes, there is. But first of all, we have to look for happiness and love within ourselves.
I wish him lots of luck in future, from the bottom of my heart37.
37 The life stories of the juveniles that are published in the study are presented by Marija Standkova on the basis of talks held with these minors, and on the basis of the analysis of the verdicts. Understandably, the names of the juveniles and some other circumstances have been changed to protect the anonymity of the juvenile. Dr. Violeta Chacheva
Part I
Methodological and Theoretical Approaches
2 General and Methodological remarks
The socially unacceptable behavior of young people, in time and space, is the argument which has assigned them a significant place in the system of repressive and preventive actions against criminal, and deviant behavior as a whole. These endeavors have been more or less successful, but such behavior has never been fully eliminated. On the contrary, this behavior is not only proving unsusceptible to the measures that are being undertaken against it, but is in fact showing a tendency of growth. It is an indicator that society is taking inadequate measures. This situation imposes the need for constantly following and correcting existing measures, but also for searching for new measures that will be more efficient in countering this negative social phenomenon.
As for the situation in the Republic of Macedonia, regretfully we have to make note of the enormous inertia which exists in the area of preventive and repressive actions towards socially unacceptable behavior of juveniles, especially criminal behavior. Namely, despite the development of theoretical thought and research in fields of pedagogy, psychology, criminology, penology, andragogy and so on, in the past thirty years, the first changes in the Criminal Code were made in March 2004, with the introduction of two alternative measures for adolescents. No other changes have been made in the measures foreseen for minors, in terms of the nature of the measure and the way it is executed. In this context, one has to note the fact that there is rare etiological research of juvenile crime which is scientifically founded, and of juvenile delinquency as a whole, and the finding of such research has to be the basis for a more adequate reaction of society against such behavior.
On the other hand, societies are developing in a very fast pace; they are undergoing major social transformation, especially in the last ten years, when these changes have caused consequences and situations that have multiplied the factors that influence and encourage socially unacceptable behavior, especially among young people. This situation of a growing volume of deviant and criminal behaviors is empirically supported by official statistics figures.
Thus, the longstanding absence of any kind of change in juvenile legislation and substantial research in that regard, growing negative behavior among young people, the increase of criminogenic factors, as well as the circumstances that affect the motivation for committing criminal offences and other kind of criminal behavior, imposes the need for reform in the field of juvenile legislation, especially in the contest of increasing and strengthening the aspects of prevention, i.e. structuring a new strategy for suppression and prevention of socially unacceptable behavior among young people. In this context, one has to point out the role of the non-governmental sector, that has already initiated a number of activities (analyses of unacceptable and criminal behavior of minors, seminars, conferences, even proposals for changes in juvenile criminal laws, i.e. the proposal for separate juvenile legislation)38. Recently, there is growing cooperation between the government and non-governmental sector in this area, which represents a solid basis for a more versatile and more efficient approach to resolving these serious problems. In fact,
38 LJ. Arnaudovski – L. Nanev, Maloletnicki kaznen zakonik, 2001 godina this project is initiated by the Ministry of Justice, supported by the Ministry of Labor and
Social Policy, and organized and financed by the UNICEF Office in Skopje. This is a major project which is thematically divided into three segments – the efficiency of measures implemented against juveniles, children at risk and the third, most important segment, preparation of a law on juvenile justice.
A team from the Institute for Sociological, Political and Legal Research had the task to evaluate the efficiency of the measures applied against juveniles.
The elements constituting the project were defined in the following manner.
Goal of the Project: The general goal of the project was to crate a base of relevant facts about the level of efficiency of the measures applied against juvenile criminal offenders, the content of these measures, the manner in which they are realized, and about certain phenomenological and etiological characteristics of juvenile crime. This information should be conducive to providing a realistic overview of the current state of affairs, serving as a basis for preparing a Law on Juvenile Justice, which is already under way, as well as for preparing the ground for further in-depth research of juvenile crime.
Topic of research: The complexity of the phenomenon which is the focus of the projects, required that it be divided into two levels: phenomenological and etiological.
The phenomenological level determines the basic characteristics of the sanctions (the type of sanctions, the volume, their structure and dynamic) applied against juvenile offenders. Also, it followed the phenomenological characteristics of juvenile crime in the state. These characteristics were followed from the period of independence of the
Republic of Macedonia, i.e. throughout the period of transition. During this time, there was a change in the phenomenological characteristics of juvenile crime, in terms of volume as well as other elements.
On an etiological level, the aim was to determine the content and the manner in which these measures were implemented, as well as a small part of reasons for the existence of juvenile crime. The information for this part of the research was obtained through discussions with juvenile offenders who, at the time when the research was being done, were recipients of institutional or non-institutional measures (including juvenile prison).
The talks were conducted to determine the circumstances and conditions pertinent to their criminal behavior. Furthermore, the research included polls with the parents of these individuals, as well with experts which are in professional contact with the minors that have engaged in criminal behavior.
As for the efficiency of the sanctions awarded to juvenile offenders, the focus was on recidivists – from the point of view of measures that were previously awarded, as well as the treatment they received. Recidivism is in fact an objective criterion for the inefficiency of the measures applied against minors. However, recidivism is not the only indicator of the failure of sanctions. In accordance with the goals of this project, an effort was made to determine whether the measures were adequate and whether they are realized in the way, it was originally foreseen and prescribed. For that purpose, discussions were led with judged working with juvenile offenders, with employees in juvenile institutions and with enforcement officers, as well as with parents of juveniles who have been awarded the measure of reinforced supervision by parents.
Sample. The complexity of the research topic required a number of samples for conducting the research. 1. The focus of research was half of the Centers for Social Services in the Republic
of Macedonia. More precisely, we obtained sound data from 15 out of the 27
Centers for Social Services. The criteria for selecting the Centers where the
research was conducted were the size of the municipality which they covered and
the territorial location. The research included Centers from small, medium and
large municipalities, covering the whole territory of the Republic of Macedonia.
Data was collected about the centers themselves, but also about the measures that
are taken vis-à-vis juvenile offender, as part of responsibilities of the Center. In
addition, discussions were held with one to two people of the professional staff of
the Centers.
2. In eight of the Centers for Social Services (in Skopje, Veles, Kumanovo, Tetovo,
Sveti Nikole, Stip, Gevgelija and Probistip), talks were held with 94 juveniles
who were recipients of non-institutional measures and with 82 parents of
juveniles who have received such measures. In this case, it was a very adequate
sample – the Centers called in the juveniles and their parents, and the talks were
held only with those who agreed and accepted the invitation. There was no other
criterion for selecting juveniles and parents other than their good will to accept
the invitation by the Center for Social Services.
3. Juveniles who were serving an institutional measure (including juvenile prison)
were also a topic of research. In this case, the overall population was being
examined. This means that discussions were held with all juveniles present in the
institution at the time when the talks were carried out, with the exception of those
who refused to talk with our associates (i.e. the principle of voluntary participation was duly implemented). It should be emphasized out of the whole
batch, there were almost no cases of refusal (in fact only two refused to have this
discussion). 40 minors staying in juvenile institutions were polled.
4. Talks were also held with eight judges working with juveniles and five policemen
dealing with juvenile delinquency.
Research team: In additions to the seven-member research team, 25 other collaborators were involved: some of them fourth year students at the Faculty for Social Works and
Social Policy and the other associates of the Institute for Social, Political and Legal
Research. All of them have substantial research experience, especially with the victimized population.
Instruments. 14 research instruments were prepared and applied in the research
Timeframe of research: The research was conducted from 10 January to 10 May
(including the period of preparation of the report)
2 Theoretical approach to the research
This section will briefly deal with the theoretical starting positions in explaining juvenile crime. All human activity is the result of the interaction between the individual and the environment. Thus, the criminal behavior of individuals has to be considered within this frame. The process of socialization, understood in its broadest sense, influences the individual to adopt forms of behavior that society considered valuable and desirable.
Therefore, the expected result of socialization is socially relevant behavior for a given culture towards multiple general issues, but also the development of the psychological functions of individuals and their personality as a whole. It should be pointed out that the process of socialization is in way determined by the genetic, i.e. biological potential of each individual, corroborated by the different behavior of individuals exposed to identical or similar influences in the process. In principle, asocial forms of behavior, even if partially, are an effect of socialization. Therefore, the result of socialization is also behavior that is condemned, persecuted and even punished by society. However, this does not mean that all persons that have a gap in the process of socialization become offenders. This can happen only in the case when in the period before committing the criminal offence they were exposed to the influence of unfavorable factors, from their social (macro and micro) or natural environment.
This theoretical approach, whose basic contours we have vaguely outlined, can be implemented in explaining juvenile crime in our country, during the period of transition.
Previously, we noted that the onset of the period of transition, characterized by the negative impact on the quality of live and status of citizens, destruction of the system of values and the like, brought about an increase in crime among minors and adults, and its peak corresponds to the peak of the crisis in the society. This, in turn, signifies a multiplication of the unfavorable factors during this period, the influence of which is felt only in the period prior to committing the criminal offence, because this period is too short for them to be considered as factors of primary socialization of the perpetrators of such criminal acts. This means that the noted growth in crime cannot be explained only by gaps in socialization of the perpetrators, but also by the influence of the factors to which they were exposed prior to committing the offence, which for them are unfavorable. This is the only way that the growth of crime in the last decade can be explained, especially if we have in mind that the crisis in society and its consequences affected first and foremost young people, while only a small segment of them come into conflict with the law.
There are two determining factors of exceptional importance for the appearance of juvenile crime: the dominant influence of the individual, his/her biological, physical, intellectual, psychological abilities and characteristics and his/her formation under the strong influence of the social conditions and the environment, where the individual lives, and the personality develops and forms. The personality of the minor seeks a broad spectrum of defined or un-defined wishes and needs. The inability to fulfill them frustrates young people and this frustration is overcome by excessive behavior.
Secondly, juveniles in addition to being able to define their wishes, also cannot postpone or delay their realization. This condition only aggravates further the feelings of frustration that give rise to uncontrolled delinquent and deviant behavior as a way of overcoming frustration. On a social level, the juvenile personality seeks safety and guaranteed conditions for unimpeded development, for security in living conditions in which they mature, to realize their goals, to have a say in their own fate, life and development. In our society, young people do not have these social elements, and they seek to find solutions to them though criminal behavior.
To conclude, in trying to explain juvenile crime, one must have in view the process of socialization, existing circumstances and the interaction of individuals with the environment, whereby individual personalities are marked my socialization gaps and are exposed to factors which are frustrating and limiting.
This theoretical approach can be applied in building a strategy for preventing and suppressing juvenile delinquent behavior, but it also presumes in-depth etiological research. The findings have to be built into the preventive and repressive response of a society against juvenile offenders and other minors.
Part II
Research Results
1 The Phenomenological Characteristics Of Juvenile Crime In The Republic Of
Macedonia
The different manifestations of crime, in terms of the quantitative and qualitative characteristics, especially of juvenile crime depending on time and location, indicate that there is a link between the social processes and phenomena, and crime as a whole, and in particular certain manifestations of crime. In the same manner we can explain different phenomenological characteristics of crime in the same space (location) but at a different time period. An additional argument in this regards is that the changes of the phenomenological characteristics of crime, in terms of volume and structure, are common for the countries in transition that includes Macedonia, signifying the link between crime and similar or identical social processes or phenomena.
The social context in which this research examines juvenile crime in our country is denoted as the period of transition. This is a period of deep changes in society, most importantly the transition towards market economy and from a one party into a multy party political system. This is a period of changes in ownership structure, with private becoming the dominant structure of ownership, restructuring of the economy and drastic changes in the social structure. This deep transformation of society has led to a range of negative consequences, out of which the ones pertinent to the topic we are researching are: excessive unemployment, impoverishment of the population to the extent that a substantial number of people are not able to satisfy even their basic existentional needs, break-down of the system of values, conflicting standards and models of behavior, the break down of old norms and the establishment of new ones, etc. These conditions have led to a sense of hopelessness and lack of perspective on an individual level, especially among the young, a feeling of confusion and frustration; all and all situations which, in theory and in practice, are confirmed as factors that influence the occurrence or growth of deviant behavior, crime and within that framework, juvenile crime39
The period marked as transitional began in 1991. Therefore, our attention for the most part will be turned towards the characteristics of juvenile crime in our country starting from that year. The analysis is made on the basis of the official data deriving from two sources: the police and the courts, i.e. the data pertains to reported and adjudicated juvenile crime. It was necessary to take into account the different types of data in order to secure a more realistic presentation of the phenomena we are following, in view of the fact that both types of data have strong and weak points. The data on reported crime is considered because it is evidence for the phenomenological characteristics of juvenile crime, in view of the fact that this data is closer to reality, to the real volume and type of
39 Juvenile crime in the sense of this part of the study means the number of criminal acts committed, according to the Criminal Code of the Republic of Macedonia for juveniles. In terms of the overall crime rate, it differs only in the perpetrators, which enables us to determine the significance in comparison with the crime as a whole and juvenile crime in particular. crimes. On the other hand the data on adjudicated crime is more exact, and is taken into account because it helps us determine the social profile of juvenile offenders.
Thus, crime in the Republic of Macedonia in the period of transition is characterized by the following phenomenological traits:
1. Volume of crime. In the last fifty years, there is a general trend of crime growth
in the Republic of Macedonia, with certain deviations. This tendency applies to
both juvenile crime as well as adult crime. However, it is interesting to note that,
when viewed in long time series, juvenile crime demonstrates a much greater
growth rate40. For example, if we take the lowest and the highest level of
adjudicated crimes by years, we come to the finding that adjudicated juvenile
crime has risen more that 14 times (in 1954 there were 130 convicted juvenile
offenders, while in 1993 that number rose to 1861). In comparison, the rate of
adult crime rate growth is two and a half times (in 1954, the number of convicted
offenders in 4311, and in 1989 the number is 10898). These tendencies of the
crime rate in Macedonia certainly has to be linked to the processes of
urbanization, industrialization and migration, which at some points were very
intensive, but also with the developments characteristic for the last decade.
Secondly, the maximum growth of crime, in both categories of juvenile and adult crime, reached its peak in the period of transition. In both types of crime, the period from 1990 to 1996 is characterized by a constant trend of growth. At this same time, the highest ever statistical figures of crime in our country were registered. However, this is also a
40 The grown of juvenile crime in this period is followed by a constant grown of the juvenile population in terms of the overall population of Macedonia. Still, this fact in itself is not strong enough to explain the existing (smaller of greater) growth of juveniles crime, established vis-à-vis the overall crime rate in Macedonia. time of the most intensive and deepest changes in our society, which is an additional argument for social determinants of criminal behavior.
The data for the rates of crime are at the same time an indicator for the similarities of the origins of juvenile and adult crime, as well as of the social determinants as generators of such socially negative behavior.
Table: Movements of crime in the period of 1986-2002
Year 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996
Minors 1738 1978 1763 1762 1809 2211 2668 2616 2289 2314 1699
Adults 11632 12759 14435 14548 14624 13429 17149 22816 20283 19969 19452
Year 1997 1998 1999 2000 2001 2002 Minors 1888 2132 1999 1815 1446 1266 Adults 19277 20582 19383 20220 18018 18171
2. Structure of Crime. One of the more important phenomenological differences
between crime among adult and juvenile crime is structure. Adult crime comes in
a plethora of different types, while juvenile crime is focused on three to four
groups of crime
Table – Structure of Reported juvenile crime per capita- 1986 – 2002
1986 198 198 198 199 199 199 199 199 7 8 9 0 1 2 3 4 Total 1738 197 176 176 180 221 266 261 228 8 3 2 9 1 8 6 9 Total % 100% 100 100 100 100 100 100 100 100 % % % % % % % % Life and bodily 91 106 105 93 75 119 88 110 87 harm % 5% 5% 6% 5% 4% 5% 3% 4% 4% Human and civil 2 7 5 3 9 2 3 2 2 rights and freedoms % 0% 0% 0% 0% 0% 0% 0% 0% 0% Honor and dignity 1 4 2 6 2 4 1 1 % 0% 0% 0% 0% 0% 0% 0% 0% Gender rights and 20 37 24 19 30 23 9 15 16 moral % 1% 2% 1% 1% 2% 1% 0% 1% 1% Family, marriage 1 2 3 2 2 4 1 1 and youth % 0% 0% 0% 0% 0% 0% 0% 0% Public finances, 21 21 23 40 31 34 34 45 32 payments, economy % 1% 1% 1% 2% 2% 2% 1% 2% 1% Property 1521 169 150 151 158 193 236 227 202 8 6 0 9 1 9 9 7 % 88% 86% 85% 86% 88% 87% 89% 87% 89% General safety of 19 19 10 9 12 13 7 17 10 people and property % 1% 1% 1% 1% 1% 1% 0% 1% 0% Safety in public 34 44 42 38 38 53 53 44 51 transport % 2% 2% 2% 2% 2% 2% 2% 2% 2% Judiciary 1 1 3 10 1 5 2 1 % 0% 0% 0% 1% 0% 0% 0% 0% Official ******* 9 3 1 2 2 1 authorization ***** % 0% 0% 0% 0% 0% 0% Other criminal 27 22 32 25 19 27 38 47 41 offences. % 2% 1% 2% 1% 1% 1% 1% 2% 2%
199 199 199 199 199 200 200 200 5 6 7 8 9 0 1 2 Total 231 169 188 213 199 181 144 126 4 9 8 2 9 5 6 6 Total % 100 100 100 100 100 100 100 100 % % % % % % % % Life and bodily harm 132 132 131 108 81 79 72 68 % 6% 8% 7% 5% 4% 4% 5% 5% Human and civil rights and 6 1 2 10 1 2 1 4 freedoms % 0% 0% 0% 0% 0% 0% 0% 0% Honor and dignity 3 4 1 1 3 % 0% 0% 0% 0% 0% Gender rights and moral 21 6 10 29 11 18 11 10 % 1% 0% 1% 1% 1% 1% 1% 1% Family, marriage and youth 3 2 1 6 1 3 9 % 0% 0% 0% 0% 0% 0% 1% Public finances, payments, 19 24 19 13 9 20 9 15 economy % 1% 1% 1% 1% 0% 1% 1% 1% Property 200 140 154 179 164 153 121 102 3 1 4 4 6 9 5 8 % 87% 82% 82% 84% 82% 85% 84% 81% General safety of people and 4 6 8 6 6 7 8 5 property % 0% 0% 0% 0% 0% 0% 1% 0% Safety in public transport 51 42 71 57 78 60 66 41 % 2% 2% 4% 3% 4% 3% 5% 3% Judiciary 5 1 1 3 4 5 2 2 % 0% 0% 0% 0% 0% 0% 0% 0% Official authorization 2 1 1 % 0% 0% 0% Other criminal offences. 54 44 44 56 39 80 53 90 % 2% 3% 2% 3% 2% 4% 4% 7%
In the Republic of Macedonia juvenile crime is focused only on three sections of the
Criminal Code: property crimes, criminal acts against the life and inflicting bodily harm, and offences jeopardizing public transport safety.
The dominant form of juvenile crime is property crime. It makes up about 81.2% to
88.8% of the juvenile crime structure in the period from 1986 to 2002. Once again, the crime statistics in this type of crime are at their highest during the period from 1991 to 1996. Also, it can be concluded that juvenile property crime has a more intensive rate of
growth in comparison with property crime among adults.
As for the period that is in focus of our research, at the time when juvenile crime was at
its highest, there is a small decrease in the crimes against life or inflicting bodily harm
and a small increase in property crime. Consequently, we can conclude that there is
greater concentration of factors that generate property crime such as unemployment,
impoverishment, etc.
3. Most Frequently Committed Juvenile Offences
There is also a difference in the criminal behavior of juveniles and adults in terms of the
concrete types of criminal offences committed by the two groups. Juvenile offences
committed by minors are limited to less than ten. The most frequently committed
criminal offences by minors are: inflicting bodily harm, inflicting serious bodily harm,
participation in fights, theft, serious theft, vandalism, car theft, and disrupting road safety.
Table: Most Frequently Committed Criminal Offences by Minors 1995-2002
Criminal 1995 1996 1997 1998 1999 2000 2001 2002 Offences: Bodily Harm 8 75 54 45 25 23 22 14 Serious 30 20 26 42 23 44 33 17 Bodily Harm Fights 16 14 37 11 24 4 3 29 Drugs / / 7 13 13 31 11 16 Theft 620 487 442 430 360 270 201 155 Heavy theft 1167 764 982 1191 1201 1066 834 725 Vandalism 13 20 24 43 71 44 55 38 Car theft 98 70 88 111 111 138 95 91 Road Safety 51 42 71 57 78 60 66 41 Total: of MF 2003 1492 1731 1943 1906 1680 1320 1126 committed offences Total 2314 1699 1888 2132 1999 1815 1446 1226 criminal offences. % 86.6 87.8 91.8 91.1 95.3 92.6 91.3 91.8
From the point of view of most frequently committed offences, the data on the structure
of juvenile crime leads to the following important conclusions.
First, juvenile crime in our country is manifested through ten types of criminal offences
which, in the years that were examined, make of 86% to 95%.
Second, these figures confirm the previously elaborated thesis that these crimes are
committed to satisfy the material needs and wants of minors. In that respect, property
theft is most dominant. Furthermore, lesser offences, like theft, seem to be dropping,
while serious offences that include elements of violence, like heavy theft and vandalism,
are on the rise. For some time, theft has been the dominant type of offence in the
grouping of property crime. However, in the period of transition this type of crime has
dropped, and the leading positions is taken by the criminal offence of heavy theft. In
recent years, heavy theft comprises 45% 5o 60.1% and is showing tendencies of growth.
Third, similar correlations are noted in criminal offences of killings and inflicting bodily
harm. The participation of the lesser criminal offences covered by this Chapter of the
Criminal Code has decreased, while the more serious offences have increased. In this
context, we have to point out that with the new Criminal Code, the criminal offence of
inflicting bodily harm is prosecuted only through private lawsuits, not through the official
duty, which may have influenced the volume of this type of crime.
Fourth, juvenile crime follows all characteristics of the times. This is corroborated by
traffic violations and violent crimes, which are important characteristics of crime today,
in general. Generally, the dominant forms through which juvenile crime is manifested in the period
of transition are property crime and violent crime. At the same time, this corroborated
the theory that economic difficulties and hardships have an affect on criminal behavior,
especially property and violent crime.
4.Gender. One of the phenomenological characteristics of crime is that there is only a
slight number of women who commit this kind of infringement.
In general, juvenile members of the female sex are substantially less in number in
comparison with crime committed by women in general. This is an indicator of the
position of women in society and some other parameters. But, if male juvenile offenders
have and will have an impact on the overall crime movement, one cannot say that female
juvenile offenders will not have an affect on the overall crime of women. Research
shows that repeated crimes among underage women even within the small overall
figures, is great. This means that they are much less likely to get back on the right track.
Table: Participation of Women in Crime – adults and minors Adults Minors Year Total Women % Total Women % 1995 7711 554 7.2 1184 40 3.4 1996 6341 406 6.4 1162 33 2.8 1997 4732 312 6.6 745 30 4.0 1998 6128 373 6.1 934 34 3.6 1999 6783 372 5.5 936 26 2.8 2000 6496 357 5.5 939 17 1.8 2001 5952 298 5.0 877 19 2.2 2002 6383 374 5.8 776 18 2.3
5. Age. Another characteristic of juvenile crime during the period of transition is the
lower age threshold of the perpetrators of criminal acts. For many years, the
dominant category of juvenile crime offenders were older adolescent. The period
of transition, brought about major changes in this area, leading to a substantial increase of younger minors who commit criminal offences. In the period from
1991 to 1999, the figures show that during some years almost three quarters of the
juvenile offences were committed by younger minors. Later on this tendency
stabilized, i.e. their number decreased.
Table Convicted Juvenile Offenders According to Age
Year Total Younger Juvenile Offenders Older Juvenile Offenders 1995 1184 467 39.4% 717 60.6% 1996 1162 591 50.9 571 49.1 1997 745 584 78.4 161 21.6 1998 934 704 75.4 230 24.6 1999 936 707 75.6 229 24.4 2000 939 415 44.2 524 55.8 2001 877 405 46.2 472 53.8 2002 776 333 42.9 443 57.1
These facts are significant for criminology, because on this basis one can project the
future behavior of adolescents and take adequate measures in accordance. Namely,
criminology has established that the younger the age of the person who starts committing
criminal offences, the more likely it is that his criminal career will continue – that he will
appear as a repeated crime offender and as an adult crime offender.
The dramatic growth (in a short period of time) of younger juveniles in the overall
structure of juvenile offenders is an indicator of the dramatic events (living conditions,
disrupted family relations and atmosphere and so on) that have had a strong frustrating
effect , so they have sought to resolve their problems in an unlawful way, and in some
cases with elements of aggressiveness.
Crime Policy Towards Juvenile Offenders The system of sanctions that apply to juvenile offender is laid out in the Criminal Code.
At the moment this project was conceived, and even at the time the research began, the
Criminal Code had not undergone changes (changes were made two months after the beginning of the project) that introduced two alternative measures – community service and parole. Thus, this research does not take into consideration the new measures. Even if the alternative measures had been introduced prior to the project, they would not have been taken into consideration because of the lack of established practice. Therefore, the topic of research of this project was aimed at the efficiency of the measures that are issued, i.e. implemented in cases of juvenile offenders.
According to the Criminal Code (without the alternative measures), juvenile offenders can only be issued upbringing measures, and juvenile prison in cases where other conditions provided by law are fulfilled (age 16-18, and a criminal offence that is punishable with a sentence longer that five years). More concretely, juvenile offenders can be issued the following measures:
Disciplinary measures: a warning and stay in the disciplinary center for juveniles.
Measures of reinforced supervision: strong surveillance by parents, legal guardians or guardians; reinforced supervision by a foster family and by the social services.
Institutional Measures: detention center of correctional institution
Sentences: Juvenile Prison
The practice here, i.e. the implementation of measures foreseen for juvenile offenders can be demonstrated through statistical indicators of the structure of measures issued to juvenile offenders. Table: criminal sanctions issued to older adolescents in the period 1995-2002
Disciplinary measure Reinforced supervision Institutional Measure Year Total Juvenile Warning Disciplina Parents Forster Social Detention Correcti Prison ry Guardians Family worker Home onal measure facility 1995 529 6 94 - 282 - 132 6 9 100.0 1.1 17.8 - 53.3 - 24.9 1.1 1.7 1996 571 6 112 - 298 1 141 4 9 100.0 1.0 19.6 - 52.2 0.2 24.7 0.7 1.6 1997 161 13 26 - 75 - 39 1 7 100.0 8.0 16.1 - 46.6 - 24.2 0.7 4.5 1998 230 4 61 - 94 - 63 - 8 100.0 1.7 26.5 - 40.1 - 27.4 - 3.5 1999 229 2 41 - 126 - 58 - 2 100.0 0.9 17.9 - 35.0 - 25.3 - 0.9 2000 524 13 68 1 317 - 119 - 6 100.0 205 13. 0.2 60.5 22.7 - 1.1 2001 472 10 59 - 313 - 80 6 14 100.0 2.1 12.5 - 66.3 - 16.9 1.3 3.0 2002 443 5 61 - 292 81 2 2 100.0 1.1 13.8 65.9 18.3 0.5 0.5
In order to understand better the policy and the implementation of measures issued to
juvenile offenders, we present a table about the structure of the measures that were
issued, separately for older and younger juvenile offenders.
Table: Criminal sanctions issued to older juvenile offenders 1995-2002
Disciplinary measure Reinforced supervision Institutional Measure Year Total Juvenile Warning Disciplina Parents Forster Social Detention Correction Prison ry Guardians Family worker Home al facility measure 1995 529 6 94 - 282 - 132 6 9 100.0 1.1 17.8 - 53.3 - 24.9 1.1 1.7 1996 571 6 112 - 298 1 141 4 9 100.0 1.0 19.6 - 52.2 0.2 24.7 0.7 1.6 1997 161 13 26 - 75 - 39 1 7 100.0 8.0 16.1 - 46.6 - 24.2 0.7 4.5 1998 230 4 61 - 94 - 63 - 8 100.0 1.7 26.5 - 40.1 - 27.4 - 3.5 1999 229 2 41 - 126 - 58 - 2 100.0 0.9 17.9 - 35.0 - 25.3 - 0.9 2000 524 13 68 1 317 - 119 - 6 100.0 205 13. 0.2 60.5 22.7 - 1.1 2001 472 10 59 - 313 - 80 6 14 100.0 2.1 12.5 - 66.3 - 16.9 1.3 3.0 2002 443 5 61 - 292 81 2 2 100.0 1.1 13.8 65.9 18.3 0.5 0.5
Table: Criminal sanctions issued against younger criminal offenders 1995-2002
Disciplinary measure Reinforced supervision Institutional Measure Year Total Warning Disciplina Parents Forster Other Facility Home ry Center Family guardian body 1995 655 114 - 354 1 151 12 23 17.4 - 54.0 0.1 23.0 1.8 3.5 1996 591 107 - 343 - 125 5 11 18.1 - 58.0 21.1 0.8 1.9 1997 584 144 - 288 - 120 2 30 24.6 - 49.3 - 21.0 0.3 5.1 1998 704 156 - 387 - 140 - 21 22.2 - 55.0 - 19.9 3.0 1999 707 99 - 405 - 186 6 11 14.0 - 57.3 - 26.3 0.8 1.5 2000 415 50 - 266 - 84 3 12 12.0 64.1 20.2 0.7 2.9 2001 405 48 - 267 - 80 5 5 11.8 - 65.9 - 19.7 1.2 1.2 2002 333 38 - 217 65 6 7 11.4 65.2 19.5 1.8 2.1
This data allow for the following general observations:
First: there is a very small difference in the structure of the measures issued to younger
and older criminal offenders. Second: the sentence of juvenile prison is issued very rarely to juvenile offenders. In the period under consideration, it comprises 0.5% to 1.7% of the overall structure measures.
This is a positive trend, and in the spirit of the law and the intention of the law that foresees special circumstances for issuing this measure, as well as for its controlled implementation. This means that practically the social and educational approach has been accepted i.e. education and re-education of juvenile offenders, not retribution.
Third, two upbringing measures – stay in a disciplinary center and reinforced supervision are practically never issued. For the measure of sending a juvenile offender to a disciplinary center, it has to be mentioned that the Republic of Macedonia does not have this kind of center, even though this kind of measure has been foreseen in the system of sanctions for juveniles for decades now. This is an indicator of the social marginalization of the problem of suppression and prevention of juvenile crime. The second measure, which is exceptionally rare in Macedonia, is reinforced supervision by a foster family.
This raises two issues at the least: finding an alternative to this measure, but also establishing the reasons why families don’t want to care for children who require reinforced supervision. If the assessment were that this type of measure is useful, then the general population would have to be re-educated to accept minors with inadequate social behavior.
Fourth, the most frequent measures issued to juveniles are measures of reinforced supervision by parents, adoptive parents or legal guardians, and reinforced supervision by social workers. In the overall structure of measures issued in the period from 1995 to
2002, it comprises 70.0% to 84.4% of the measures. (see table) It has to be mentioned that the dominant measure issued to juveniles is reinforced supervision by a parent, guardian, and adoptive parent (it makes 48.7 %.to 60.0% percent of the measures issued in the period 1995-2002. Reinforced supervision by a social worker is somewhat less frequent (18.2 % to 26.1% of the measures issued in the period
1995-2002), and is dropping. (see table)
Fifth, less frequently issued measures are the institutionalization measure. They make up
2.1 to 5.4 % of measures issued in the same period. In this case, detention homes are more frequent, while correctional institutions are less frequent.
Sixth, the treatment of juvenile offenders who have been issued a measure is mostly based on families (the most dominant measure is reinforced supervision by parent, adoptive parent and guardian) and least on institutions. Under such an existing practice, the measure of reinforced supervision by parents and guardians has to be given special attention i.e. its realistic potential and the possibilities for implementation in our domestic context has to be established. Are parents in a position to fulfill the goal of the measure?
We will elaborate this issue in greater detail further in the text.
Social and Criminal Characteristics of Juvenile Offenders.
1. Social Profile of Juveniles
Juvenile offenders have personal characteristics, which frequently or as a rule go together and comprise their social profile. This has been empirically verified a number of times.
In this research we attempted to analyze the subjects of this analysis, by identifying the characteristics which are the elements of the social profile of juvenile offenders. In the introduction, we pointed out that the focus of this research is a total of 134 juvenile
offenders, of which 40 have been recipients of disciplinary measures (including juvenile
prison) and 94 received non-institutional measures such as reinforced supervision by
parents, guardians and adoptive parents or reinforced supervision by social workers. In
the case of institutional measures, the polling included everyone with the exception of
those who were absent or refused to cooperate). In the case of non-institutional
measures, the persons that were polled as part of the research where selected as a sample
- who accepted the invitation sent by the Center for Social Services. Therefore the
profiles will be based on offenders who have been issued a measure by the relevant
courts, and offenders who have accepted to be part of the research. The social profile of
these juveniles will apply to the overall number of polled persons, and in some cases,
when it is deemed important, the comparative characteristics of the two populations will
also be presented: of minors who have received non-institutional measures, and minors
who have received institutional measures (including juvenile prison)
Gender: this research included only two female offenders who had received an
upbringing measure. Once again, this has confirmed the view that the major difference
between juvenile offender is one of gender.
Education: School is one of more significant agents of socialization, but at the same time
it can be a factor that influences unlawful behavior among young people. By saying this
we have in mind the low level of education, as well as certain problems which minors
have in the course of their schooling. This aspect was the focus of interest of this
investigation.
Table: Education of minors Level of Education Total Non-institut. Institut. measure measure % % % No primary education 30.6 11,7 75.0 Completed primary education 56.0 69,1 25.0 Completed vocational training (craft). 4.5 6,4 Completed forth grade of primary 8.2 11,7 education Other 0.7 1,1 Total: 100.0 100,0 100.0 .
The research shows that most frequently, juvenile offenders that are undergoing
institutional or non-institutional measures do have primary educations (56% of the total
number). This is followed by the category of minors who do not have primary education
929.8%). It is interesting to note that there is a substantial difference in the level of
education between juveniles who have received a non-institutional measure and
juveniles with institutional one. Those who have received a non-institutional measure
have a higher level of education, in comparison with juveniles who have institutional
measures (including juvenile prison).
The problems which juveniles have in the course of their schooling are listed as follows:
Table: Course of Schooling Total: Non- Institutional Institutional measure measure % % % Regularly attend school 43.3 47,9 27,5 No longer attends school 11.9 7,4 32,5 Expelled from school 2.2 2,1 7,5 Have education 6.7 8,5 2,5 Attend school 5.2 15.0 Other 13.4 9,6 15,0 Refuse to answer 17.3 24,5 Total: 100.0 100,0 100.0 The low level of education is a factor that has an impact on the behavior of young people, and under certain circumstances in affects delinquent behavior. As a rule, it accompanies a low level of education, low achievement, and other problems in school (dismissal because of low grades, or too many absentees, lack of discipline, skipping school, etc).
Often, this is a source of frustration and an element leading to criminal behavior. This is in fact what our research showed. Out of all the people that were polled, only 43.3% attended school regularly, and of then 14.1% aborted their education or were expelled from school. However, the findings are much different when we look at the groups of minors separately. Of those with non-institutional measures only 9.5% ended or were expelled from school. In the case of the group with institutional measures (including juvenile prison) this figure is as high as 40%. These findings are an indication of the significance of the problems which young people experience in the education process that are related to delinquent behavior. It is a confirmation of the thesis that failure in school is the first and most important indicator that something in the process of the socialization of the minor is going wrong. This is additionally confirmed by the finding that those minors which have institutional measure, most of them repeated offenders, have a lower level of education.
Family. The basic function of the family – upbringing and socialization of children can take a normal course if the necessary financial and other objective preconditions are in place. However, the role of the family can be realized only in a complete, harmonious and functional family. This means that if the completeness and functionality of the family is disrupted, if the relationships within the family are upset, and there is occurrence of sociopath occurrences, the processes of upbringing and socialization can be
disrupted. They may have gaps and other voids, which in the case of other unfavorable
circumstances result in deviant, i.e. criminal behavior of juveniles. The focus of our
research were the elements known to have a negative impact on the upbringing and
development of children, and can affect their behavior. They are: completeness of
family, family violence, alcoholism, prostitution, drug abuse, begging.
The situation related to the completeness of the family of the minors that were in the
focuses of our research are the following:
Table: Who does the minor live with Minors living with: Total Non- Institutiona institutional l measures measures % % % 1. Both parents 71.6 77,7 57,5 2. Father, mother deceased 3.0 3,2 2,5 3. Father, parents separated 1.5 1,1 2,5 4. Mother, father deceased 6.0 5,3 7,5 5. Mother, parents separated 4.5 3,2 7,5 6. Spouse 0.7 1,1 7. Relatives 2.2 1,1 5,0 8. Others 7.5 6,4 10,0 9. Foster family 10. Institution 0.7 2,5 11.Other 2.2 1,1 5,0 12. Refuses to answer 100.0 100.0 100.0
Of their overall number, most frequently (76%) minors live in complete families i.e. with
both parents. However, differences in this regards are registered when this population is
viewed from the point of the measures they have been awarded. Namely, 77% of the
minors are undergoing a non-institutional measure live with both parents, while 57% of minors who are undergoing an institutional measure (including juvenile prison) live with both parents. This indicates that the structural wholeness of the family has an impact of the behavior of minors. If we take into consideration that the minors who have been issued an institutional measure are assessed as having greater personality problems and disruptions in their immediate environment, as a result of which they require professional treatment that includes distancing from the immediate family, and in view of the statistical difference between minors with non-institutional and institutional measures in terms of the wholeness of the family, it can be concluded that this fact has a certain impact of the delinquent behavior of minors. The data indicate two interesting situations: in reaching the measures they will award and in considering the option of issuing the measure of reinforced supervision by parents, adoptive parents or guardians, the courts are mainly guided by the wholeness of the family. Good and able families will to what they have to do even without this measure. But, the courts also take into consideration other characteristics which make the family unable to perform this upbringing measures.
This inability of the family is complemented by the lack of engagement from the Centers for Social Services. Consequently, we ask the question: who is to make parent responsible for the proper development of their children.
The results from our research have shown there are other negative factors within the family that influenced deviant behavior of minors. We will mention the following: family violence (in 35.1% of all cases), is present with 33% among the facilities of minors with non-institutional measures and 40% in those of minors with institutional measures. Alcoholism among family members is present in 23.1% of the overall sample
– 12.8% among minors with a non-institutional measure and 47.5% among those of minors with an institutional measure. The use of drugs in the family (including the minor that was polled) is reported by 9.7% of the minors, 3.2% by minors with non-institutional measures and as high as 50% among the minors who had been institutionalized in some of the institutions in the country. Prostitution in the family in terms of the overall population of the minors that are polled was reported by only one minor. On the other hand, begging by a family member was reported on average by 7.5%, but only 2.1% of the minors with non-institutional measures and 20.0% by minors with institutional measures (including juvenile prison). In short, our findings show that the family, the most important factor for development, upbringing and socialization of children, can be a factor influencing deviant behavior among minors. Here we have in mind above all incomplete families, as well as other factors such as family violence, alcoholism, drugs, begging, which have a negative impact on the family, relationships within the family, family values, etc. This is also confirmed by the fact that all of these negative factors are more intensively manifested among minors that have received institutional measures.
This fact, in itself, signifies that these minors have greater personality problems that require more timely and better quality treatments, as well as distancing from their immediate environment, i.e. the family where they live.
Material status. Financial and other objective living conditions are preconditions for the normal realization of the most important family function – socialization. Consequently, the phenomenological characteristics of juvenile crime, constantly corroborated by empirical findings, is that juvenile offenders often come from low income and low status families. One indicator is the fact that the most frequently committed offence by juvenile offenders is property crime. There is a view in criminology which links the perpetrators to property crime to their material and social status, explained by upset relations within
the family, problematic family atmosphere, frustrations resulting from the lack of
financial resources to satisfy even the basic needs of families. This aspect was in the
focus of our interest, through two parameters: how the minors see their material status
and employment in the family. We opted to solicit from the minors how they viewed
their material position, irrespective of the objective financial state, because how they feel
about it, in a way, affects their behavior.
Table: material position of minors
Total Institutional Non- measure institutional measure % % % Very rich 4.5 6,4 / Rich 2.2 / 7.5 Average, as most families 5,2 61,7 40,0 Poor 26,9 24.5 32,5 Very Poor 11.2 7.4 20,0 Total 100.0 100.0 100.0
Most frequently (55.2%) the minors place themselves in the category of average, while
38.1% consider themselves poor. It is interesting that minors with non-institutional
measures see their material position as well off, while more than half of the minors with
institutional measures (including juvenile prison) see themselves as poor.
Other arguments that indicate to the material and social source of the behavior of juvenile
offenders that were in the focus of our research are the finings about the employment and
sources of income in the family. Unemployment among this population is very
prominent. Every third minor, 32.9%, said that no one in the family was employed. This
percentage is somewhat lower (27.6%) among minors with non-institutional measures, and much higher (45%) among the families of minors with institutional measures. In
essence, the same correlation can be seen in terms of the source of family income. Poor
material conditions are demonstrated by the fact that 28.35 of the families of the minors
are without income or live on welfare or other types of assistance. This is the financial
basis of 19.1% of the families of minors with non- institutional measures, and 50.0% of
the families of the minors with institutional measures.
2. Criminological characteristics
Punishable Offences Committed by Minors
In the section dealing with the phenomenological characteristics of juvenile crime in
Macedonia, we expanded on the structure of the criminal offences most frequently
committed by juveniles in our country. In this section, we will do the same only for the
punishable offences committed by the polled group.
Table: Punishable offences committed by the polled group Total Non – Institi. Institutional Measures measures % % % Bodily harm 6.0 8,5 / Serious bodily harm 6.0 6,4 5,0 Production and drug trafficking 0.7 2,5 Vandalism 3.7 3,2 5,0 Hard theft 30.6 30,9 30,0 Car theft 7.5 9.6 2,5 Theft 26.1 28,7 20,0 Counterfeiting 0.7 1,1 / Car Accident 3.7 4,3 2,5 Rape 2.2 7,5 Murder 5.2 17,5 Other criminal offence 8.2 7,5 Total. 100.0 100.0 100.0 On the basis of the offences committed by juvenile offenders, one can conclude that minors that have received non-institutional measures committed less serious criminal offences, and they seem to be a representative sample of the structure of juvenile crime in
Macedonia. However, the criminal offences committed by minors who received institutional measures are more serious. The sentence of juvenile prison is awarded only for criminal acts that are punishable with a prison sentence exceeding five years (this is
40% of the group of minors with institutional measures). Furthermore, there are serious criminal offences that are punishable by longer sentences, and consequently such offenders accrue in the institution where they are serving their sentence (17.5% of minors convicted for the crime of murder met up with minors serving an institutional measure for other serious crimes, which however, are committed very rarely) The relationship between upbringing measures and types of criminal offences shows that the courts do not take into account the personality of the minors and that, in fact, the type of criminal offence and its gravity are still the dominant criteria for the selection of upbringing measures.
3. Age of First Punishable Offence
The age of the minor at the time of committing the first punishable offence has implications for the field of criminology, because of possible prognosis for future behavior - the earlier the unlawful act was committed, the greater the certainty that such acts will be done again, and that this minor will continue to commit punishable acts. The early age of committing a criminal act is at the same time an indicator of the exposure of the minor to intensive negative influences, even in cases of socially unacceptable
behavior. This are basically the findings of the research results.
Table Age of First Criminal Offence Age Total Non- Institutional institutional measures measures % % % Up to the age of 10 2.2 7.5 Up to the age of 11 4.5 2.1 10.0 Up to the age of 12 6.7 1.1 5.0 Up to the age of 13 4.5 4.3 5.0 Up to the age of 14 15.7 13.8 20.0 Up to the age of 15 19.4 22.3 12.5 Up to the age of 16 26.1 26.6 25.0 Up to the age of 17 20.9 24.5 12.5 Up to the age of 18 2.2 2.1 2.5 No response 2.2 3.2 / Total 100.0 100.0 100.0
More frequently than minors with non- institutional measures, minors with institutional
measures (these are individuals with severe personality problems, negative attitudes,
views and values, as a result of which they require more intensive professional treatment
and distancing from the environment) commit their first punishable act at a younger age.
For example, 75% of the minors with institutional measures have committed their first
such act by the age of 10, while there are no such cases in the category of minors with
non- institutional measures. Furthermore, only 7.5% of the minors with non- institutional
measures have committed their first punishable act by the age of 13, while in the category
of minors with institutional measures this figure is 27.5%. Our research findings have
confirmed the importance of age of committing the first punishable offence. 4. Recidivism
One of the more significant indicators for the inefficiency of the measures applied against
juvenile offenders who have committed punishable acts is recidivism. Recidivism is
understood as repetition of a crime for which a measure was once served. We say that
recidivism is only one of the more significant indicators, because there may be other
circumstances and factors that have influenced such behaviors, which are not directly
linked to the measures and treatment of the minor. In this context, we have in mind
above all the absence of help and protection for minors after serving the measure,
rejection of the minor from the family of immediate surroundings, and so on.
Number of measures Total Non- institutional institutional measure measures % % % First measure 64.2 67.0 57.5 Second measure 26.9 25.5 30.0 Third measure 4.5 2.1 10.0 More than three measures 3.7 4.3 2.5 Refuses to answer 0.7 1.1 / Total: 100.0 100,0 100.0
Recidivism in the overall groups amounts to 35.8%; 33.0% among minors with non-
institutional measures and 42.5% among minors with institutional measures (including
juvenile crime), which is significantly higher. This is a very high level of recidivism that
requires particular research and explanation. The level of recidivism among minors is
higher than general level of recidivism in Macedonia, which indicates its impact on the
volume of crime in general and on the general level of recidivism. This corroborates the claim that the increase of juvenile crime with such phenomenological characteristics will
very soon have a major impact on the phenomenological characteristics of crime in
general. Recidivism among minors deserves particular attention.
Furthermore, it should be noted that multiple recidivism is more present among minors
with institutional measures (12.5%), when compared with minors with non- institutional
measures (6.4%)
Within the context of the research, it is particularly important to present the finding about
the measures awarded to minors for the first punishable act they committed.
Table: First Measure First Measure Total: Non- institutional institutional measure measure % % % Warning 6.0 7.4 2.5 Increased parental/guardian supervision 51.4 68.1 12.5 Reinforced supervision by social workers 14.2 19.1 2.5 Correctional and Upbringing Institutions 8.2 2.1 22.5 VP Home 11.9 / 40.0 Juvenile Prison 6.0 / 20.0 Refuses to answer 2.2 3.2 / Total: 100.0 100,0 100.0
In the case of minors with institutional measures (including juvenile prison), the most
frequently awarded measure was institutional (82%). In the case of minors with non-
institutional measures, in 94.7% of the case the first measure was a warning or a non-
institutional measure, most often increased parental/guardian supervision (68.1%). These
comparative findings indicate that even when the offenders were given their first
measure, it was noted during the proceeding that some minors have more serious
personality problems, and the high level or recidivism is indicative of the insufficient success of the treatment they received when serving out the measures. This is particularly the case of institutional measures and the measure of increased parental/guardian supervision as the dominant measure issued to juvenile offenders.
4.An Introspective View Of The Reasons For Criminal Behavior
The Life Story of Ice
I don’t know how it happened. We are four children. I have an older brother and a younger brother and sister. My parents are not very rich, but they are not poor either.
We have land, my father also works as a mechanic. My father has always taught us not to steal or lie, and to help old people. In school, I wasn’t among the best, but I was OK, and well behaved. Even teachers praised me for my good behavior.
My parents gave me as much money as I needed for school, they bought me clothes, but no more and no less than that. They always told me that having too much money spoils a person. Children especially should not be given too much money.
I first tried marijuana during a New Year party. We were a big group, guys and girls.
We were at Goran’s place. There was plenty of drink and food. There was also marijuana. Up until then, I had only heard about marijuana. I heard that my peers were using it, but I didn’t believe it. However, it was the New Year, we were all friends, and moreover, everyone else had already tried it. So I said, why shouldn’t I try it? What bad could happen if I tried it once? I heard that marijuana doesn’t really do much, and that it isn’t really bad for you. I also knew that in some countries it was sold legally. So, why shouldn’t I try it? Still, I was a little hesitant. What if my parents found out, I thought. My dilemma was solved by Goran, who saw that I didn’t have enough courage to do what most of the others had done.
- What century are you living in, Ice, Goran asked. Are you still a Momma’s boy? Grow up, you are 14. This was the final straw. We smoked and drank the whole night. I felt grown up, happy and same as the others. This is how I started with drugs. At the beginning, Goran gave it to me free. Why not? His parents worked in Germany, he had lots of money and everything he could wish for: motorcycle, stereo and video system.
The whole group admired him. We met in Goran’s room on Saturday and Sunday evenings. There was marijuana, music, porno, girls. His grandmother and grandfather could not say anything about it. But, soon enough Goran got bored pretty soon and he told us that he will not give us anymore marijuana for free. He said that he wasn’t about to pay for our pleasures anymore.
- Act like men, said Goran. Buy your own. Do what you can, and if you want I can tell you how and where to go.
We were young, immature and stupid. Goran said jump and we jumped. Robbing a money exchange office was easy. We really scared the person behind the counter and we enjoyed it. We all wore masks, and the whole operation was well planned. Goran was the leader, the rest of us followed. We didn’t get caught and we all basked in the commotion and attention the “unknown perpetrators” raised on the local radio and TV stations. My parents didn’t have a clue what was going on, even though my mother asked me suspiciously from time to time why we were meeting at Goran’s and why so often. I continued to do well in school. I masked it well. Our second feat was an attack on an old lady, which Goran had selected because she was said to have a lot of money and was living alone. So we went during the night, while she was sleeping. Poor woman, she was so scared, she fainted. We didn’t have to do anything. But, there was not money. This really made Goran mad. He wanted to keep his reputation with the group, so immediately he came up with a third plan. However, at the kiosk we got caught, like mice. In the police station, we were all interrogated separately. Of the five of us, only me and S. admitted to everything. My father and mother were so ashamed. My father was so angry at me that he wanted to banish me from his home forever. My mothers stopped him and tried to find justifications for me: he is young, it was bad company, all things that can be corrected. Before coming To The
Home I begged by parents to forgive me. I promised I would never do anything like that again. My father just shook his head, as if he didn’t believe me. He just asked: Who have you taken after, son?
I don’t know who I took after, I just knew that I had tarnished the name of my family. I also know that I will do my best to make up for that. No more drugs, no more of the old company or any new one like that.
Ice’s life story is just an introduction into the etiological aspects of the criminal behavior of our focus group and their views on it. This is a different aspect from the statistical and objective indicators that we have presented so far. In this section, we will deal with the subjective views of the minors about the reasons that led them to criminal behavior.
The analysis of the statements given by the two groups (minors with institutional measures and minors with non-institutional measures) allow some general observations to be made. Firstly, minors with non-institutional measures more frequently list curiosity and frivolity as the reasons for their behavior, while in the statements of the minors with institutional measures the intention to commit such an offence is dominant. Secondly, the dominant reasons listed by both groups are bad company and material circumstances, which as a rule, are poor. Third, traumas and stress are also circumstances that influenced the criminal behavior of the minors – this is their view. The analysis of their responses shows that for them, the most traumatic such event is the death of a dear and close person. This circumstance is more frequently listed by minors with non-institutional measures, while minors with institutional measures enumerate other more difficult and complex events that transpired in the circle of the family. As an illustration we will mention some: (“My father passed away, I started to steal and to take drugs. I was good kid when he was alive”; “My cousin made him kill the taxi driver for money”; “Because of problems in the family and lack of money”)
It is interesting to observe that the parents of minors with non-institutional measures often locate the reasons for their children’s behavior in bad company, poverty, traumatic and other family experiences.
The statements of the minors and their parents have demonstrated very illustratively the complexity of this social phenomenon, and are very precise in pointing to the many factors responsible for juvenile crime
Serving institutional and non-institutional measures (in the examined population)
1 Realization of institutional measures including juvenile crime.
1.1 Preparatory Phase The institutional treatment as process that has the aim to secure the education, re- education and proper development of minors with criminal behavior in an organized manner is one whole. However, the process can provisionally be divided into a number of phases that form a continual part of the whole. They are the following:
- Phase of preparations for going into an institution
- Phase of admission, adaptation and classification
- Phase of direct work with a group
- Phase of preparations for discharging
- Phase of post-institutional acceptance
In terms of the enumerated phases, it should be observed that the first (phase of preparation) and the last (post institutional acceptance) are not part of the institutional treatment and are carried outside the institution.
The preparatory phase was also encompassed by the research. It is important because in a way it determines the quality of realization of the other phases. This is phase during which the minor has to prepared for going to the institution, as well as the family, preparation of the institution itself, and sending the minor off to the institution.
As a rule, minors experience difficulties in separating from their home and family. In addition, they are overwhelmed by many feelings, dilemmas and fears about the institutions where they are supposed to go, what awaits them there at the like. This is further aggravated by existing bias and stereotyping about the institutions and what goes on there. Consequently, there is need for serious preparation of the minors who is heading to such an institution. This means acquainting the minor thoroughly with the institution where he is going, the regime he will encounter there, the treatment he will be subjected to, what will be expected of him, what are the difficulties he will have to overcome and so on. But above all, this should be presented in a positive light and a positive perspective of what the institution has to offer. This is the only way we can expect the minor to have a positive attitude towards the institution, and to accept the treatment to which he will be subjected. Conversely, if there are no good quality information that can help alleviate the fear of the unknown and expectatations of the institution, stereotyping and the bias that exists about such institutions and the experience of others who have attended them, can cause resistance and unwillingness to work with the personnel of the institution because the minor is not ready to accept the treatment.
Unfortunately, the findings of our research point in that direction. More than half
(52.5%) of the minors with institutional measures did not receive any information at all about the institution they had to attend. The analysis of the responses given by the minors who said they had some information about the institutions where they were supposed to go, does not suggest differently. Their responses can be grouped in a number of categories.
The first group included the minors who said they did not need any information, because they had previously attended this type of institution and were well acquainted with it.
The second group (12.5%) is comprised of minors who received such information from friends and relatives who had previously attended such and similar institutions. There were even some who responded that they received information from TV and films. Only
17.5% of the minors said that they were informed about the institution from persons employed in the Centers for Social Services (most frequently), the judge who awarded the measure, and one was informed by the lawyer representing him. However, an analysis of the obtained responses shows that in terms of content, the information was related to the type of institutions they were being sent to and how they should behave there: don’t cause trouble; don’t get into fights, go to school; “they told me where I was being sent and how I should behave to get out as soon as possible”. This is not information to prepare him to adapt faster and easier to the new institution, to accept the treatment and so forth. This leads to the observation that our practice is completely lacking the phase of preparation of the minor for the institution he will be attending or the juvenile jail.
Another correlative argument to that effect is given by the responses of the minors regarding their expectations from the stay in the institution. 27.5% said they did not expect anything from it, which of course is in close correlation with the lack of information about the institution, but undoubtedly also with the high level of recidivism among them, and the lack of efficacy of the measure. The responses of the remaining minors are less in connection with their expectations from the stay in the institution, and more about the conditions and some aspects of life in the institutions. These statements can generally be divided into two groups: negative41 and positive responses.
41 “ the prison is too small. You can last three years here, but not more”, “he was disappointed that they are only allowed to go out on Fridays and Saturdays, and he wants to go out every day, because he has a girlfriend he loves a lot.”, “there is no justice, some one else was to blame, and I am punished. “, “the security guards beat us a lot, what it is and when it is not warranted.”, “I am disappointed by the conditions here – there is no heating. There are no football or basketball grounds, (they share the courtyard with the adult prison population), no free time activities, inadequate medical care. No freedom of movement, learned how to paint houses, but could not practice it”, “disappointed because there are not clothes, the food is Ok, they give us only 50 denars per month, and one cannot even buy cigarettes with that money. It’s good that I am studying at least”, “I am disappointed in this institution. We should have been in Tetovo, and how we are here (It is supposed to be better there and everybody wants to go back)”, “I am disappointed from the conditions here, and that’s why the children run away from here. There is not re- education, they just make the kids worse.”, “I am disappointed from the institution, they won’t let me go out for three months now”, “I haven’t gained anything from this The respondents who were dissatisfied with the conditions in the institution and the manner in which the measure was being realized, also indicated to behavior that is contrary to all documents that regulate basic human rights and freedoms, the Convention on the Rights of Children, the existing law on carrying out criminal sanctions, as well as the basic principles for treating minors. These include the use of physical force on minors (the commanders beat us a lot – even when there is no need for it; they don’t re- educate children; they make them worse by beating them and making them angrier).
Even if these were cases of exceptions, they are impermissible. Nothing can justify the use of force in institutions intended for educational and penal measures for minors.
Contrary to responses of dissatisfaction, there are respondents who assessed positively their stay in the institution (it had a positive effect on me: I understood that I made a big mistake in my life and I will not do it again; I acquired a good working habit; thank God they sent me here).
1.1 Some aspects serving institutional measures
The minors were asked a number of questions that had the aim to provide a better understanding of the institutions where institutionalized educational measures and the sentence of juvenile prison are carry out, including the circumstances that can affect and limit the process of education, re-education and development of minors who attend them. institutions, and it’s the worst. The punishments are severe if you get in a fight with one of the kinds or the teachers”, “I am expected to be obedient, to be on my good behavior, and they haven’t let me out yet. I expected to be out of here soon, but here I am still (16 months)”, “the black gate makes me feel like I am in jail, I saw adult prisoners and I got scared, but then I saw the kids, and after a about two weeks, I got used to living here.”, “I thought I would have some kind of work, to make the time pass. They told us they would bring computers, but nothing came out of that. Every day is the same“, “I was disappointed that there is nothing positive here, you can only get worse in this home. It looks more like a prison than a Home.”, “I think there is not enough freedoms in this home, and I think that even the prisoners have more freedom. I don’t like that we go to bed at 10 Pm and that lights are out at that time.” (what do you dislike most about the institution; what does the institution need; what do you think will help a change in personality; describe one day at the institution and the relationships between the minors and the personnel). In view of the fact that most of the responses were duplicated, we made a joint review of them, identifying the circumstances that can have a negative impact on the realization of the goals of institutionalized educational measures and juvenile prison.
In regard to the basic elements that make up the foundations for realizing the goals of educational measures (education, re-education, and development) that are manifested in practice, we have established the following situation:
1. The responses to the questions once again confirmed the following: inhuman,
impermissible behavior, contrary to all international and domestic legal norms –
use of physical force on minors. “the personnel is against me. One policeman
beat me with a stick for 15 minutes and I wasn’t to blame. A friend of mine broke
the door and I didn’t want to squeal on him. The next day I wanted to complain,
but nobody was listening”. This is an extremely serious problem that requires a
prompt action to eliminate such behavior, and to introduce supervision and
control over how measures are being carried out in these institutions. At the same
time, it also imposes the need of continuous education and training of the
personnel of the institutions.
2. The professional staff of the institution carry out the treatment in the institutions
for institutionalized educational measures and the sentence of juvenile prison.
They do so on an individual basis or as group work with the minors. This
presumes continuous and good quality communication between the minors and a certain category of the personnel. However, the research has shown that most of
the minors are not satisfied with the relations between them and the personnel,
(the psychologist does not want to see me; not only me but also the other children;
we don’t communicate at all with the psychologist or the instructor; we are all
here for more serious offences, and no one has called us in to comfort us or to
counsel us; the director is OK; the instructor only calls us in if we get in trouble;
the psychologist used to see us, but not anymore; the police officers are mean;
they see the director more frequently; they meet with the psychologist and the
instructor every day, but the don’t talk; the current director is a good man, but the
others are not, especially the police officers. The instructors don’t care about us,
and then they are surprised when so many of us run away; ) There are also
experiences, although in a much lesser degree (everyone is nice; they counsel me,
the psychologist has helped me most of all; the director too come and counsels us.
He is OK)
The complaints about absence of communication, or insufficient or inadequate communication raises a range of issues in connection to carrying out the treatment in thee institutions – whether there is treatment at all and to what extent it is being realized. In other words, can one speak of realization of the goal of treatment when even the most basic communication between the minor and the personnel is lacking.
Are these institutions not becoming more facilities for keeping minors, instead of educating and re-educating them?
3. The realization of the goals of educational measures and the sentence of juvenile
prison is also carried out through the professional/vocational training of the minors, which should assist easier integration in society. Thus, the law states that
the minor must be granted conditions for primary education and upbringing, for
the purpose of acquiring and developing good habits and values and becoming
proficient and skilled in certain vocations. If the institution does not provide
certain vocational training or the type of education the minor is obliged to attend,
the minor can attend such education outside the institution. In reality, not all
institutions have the necessary educational preconditions (such as juvenile
prisons), there is rarely any professional or vocational training that is adequate to
the demands of the environments where the minors come from, as the only way to
secure easier re-integration into society.
4. In order to maintain the physical and mental health of the minors, as well as
proper personality development, sports recreation and other free time activities, as
foreseen by the law, are an integral part of the treatment. The minors who at the
time of the research were in the institutions responded that sports and recreational
activities are insufficient, they are not very diverse, and there is no place to do
them (we get up, eat, sit; that’s all we do).
5. “they should give me something to do, so I don’t think about bad things and I
don’t do bad things” This is statement of one minor who in a very concise manner
defined the role of work during the stay in the institution. This was one of the
criticism given by the respondents – that they are not sufficiently engaged in work
In response to the question what they hate most about the institution, almost all
respondents (this is above all the case in the juvenile prison) mentioned this lack
of engagement in work. (“it’s easy for those who have work, for the rest of us the days are long”) In this context, we have to point out the role of work in
developing positive personality traits. The lack of work can have a direct impact
on the behavior of minors in the institution, and consequently on the treatment.
This is what the respondents also indicated.
The general assessment about the instutionalized educational measures and the sentence of juvenile prison is that in practice it is not being implemented in a way that is foreseen by the existing laws. There have been serious and less serious digressions from the law
(no preparatory phase, absence of even primary education in some institutions, inadequate and insufficient vocational training, insufficient and poor quality organization of the free time of the minors, lack of work for them). This, in turn, has a direct impact on the basic elements that comprise the education, re-education and proper development of minors. The very high level of return rate in the institution (42.5%), which is one of the most important indicators of the (in)efficiency of the measures also purports this view.
The life story of Elvis confirms some of our research findings.
Elvis
I am 16 years old. Most of them I have spent in hell. Hell can be my last name, my nickname. I often ask myself why. Why did it have to be like this? What wrong have I done to God? Why is he punishing me?
I remember that things were good when I was little. It was good for me, and my mother and my sister Gulce. We lived in a house, not too big, but very nice that our grandmother left us when she died. We had food and drink on the table, and we loved each other. But the devil does not sleep. My father started to drink, to act like a big boss, to spend money in bars, at home, everywhere. Soon, we were left without money. While my father had money, he liked his drink. He used to come home late and drunk, but at least he did not beat us But, once the money was spent the beatings began, and the hell we found ourselves in. He asked my mother for money. She had no money to give him. Where would she have money from, when he always kept it?
I remember it was winter time, January. I remember it was very cold, and we had no bread or firewood in the house. My mother paced around the house, cried and cursed.
She cursed my father for drinking, she cursed life, she cursed her fate. This really pained me. Then, my father appeared out of the blue, dead drunk and started yelling after my mother. She wanted to hide, but father, drunk as he was, caught her by the throat. He wanted to strangle her. Even though I was little, I ran over and I grabbed my father from behind. My mother fell on the floor. I was frightened and I started to scream; my father started kicking me. All the neighbors came, and they reported my father to the police.
The police came and they took my mother to hospital. From that day on, all I can remember is that I wanted to kill my father. I hated him. I hate him to this day. He is not a man, he is the devil.
We had no money. They kept my father locked away for a while, then they set him loose. My mother came out of the hospital. We kept on like nothing happened. But it did happen, and it was very, very bad. My father made my mother work, beg and steal.
He stole too. I knew that because of the policemen that came to our house.
One day a stranger came in our house and started to chase my mother through the house.
He pulled her by the dress and cursed at her. At that moment, it all went blank for me. I was barely 16 years old. I took the knife from the kitchen and I threw myself at the man.
I defended my mother, and I was happy for it. To this day I don’t regret it. It was my duty to defend my mother.
Later on, my father became even worse. He beat me and my sister and my mother. He called my mother a whore, and the house a whore house. My mother couldn’t take it so she decided to re-marry. She re-married in a village, but her new husband did not want her with us, the children, just her. My father went to jail. I did not know why then; now I know – for rape. My sister Gulce and I were left on our own, except for our uncle who took care of us. And Vaska from the Well-Fare Office. Vaska was a very good person, and my uncle, he was a saint. But, I went the low road. I got mixed up in bad company.
It was normal for me to steal. I learned from the others at the Home where they sent me.
They were children of the street for a long time, and I also became one of them. At the home they called me Snake. It hurt at first, but then I jus got angry and I became meaner and meaner. If they called me by that name, than I should act like it. I ran way from the
Home, I stole in buses and in the markets. I never beat up anyone. I was done with that.
I did not want to be like my father, who is to blame for the fate of my mother, my sister and myself. When I get out of the Home, I want to find a job, an honest job. I want to marry, to have children. I want to be the best father in the world.
2 Implementation Non-Institutional Measures
1. Measures of reinforced supervision The category of upbringing measures include measures of reinforced supervision which come in three forms: reinforced supervision by parents, adoptive parents or guardians; reinforced supervision by foster parents or other social services body.
The essence of this measure is that the minor is not put in an institution, but remains within the family (in the case of reinforced supervision of parents, adoptive parents or guardians and reinforced supervision by other social services body), or is placed with a foster family (reinforced supervision by a foster family). The main role in the realization of this measure is placed on the social services body.
In the methodological section of this paper, it was observed that the focus of our research are minors with non-institutional measures (only reinforced supervision by parents and reinforced supervision by a social services organ) and minors with institutional measures
(including juvenile prison). We have already made the observation that in our society, there is not measure of reinforced supervision by a foster family. Consequently, we will turn to the findings regarding the realization of the two upbringing measures. The source for these findings are the minors with non-institutional measures who are under reinforced supervision of parents, guardians and adoptive parents and reinforced supervision of the social services body. This is a total of 94 minors and 84 parents of children who have been issued such measures.
The essence of realizing the measure of reinforced supervision by parents, guardians or adoptive parents is that these persons have to devote permanent and full care for the upbringing of their children and to undertake measures that will prevent damaging influence on the minors. They have to abide by the manual and to carry out the requirements issued by the Center for Social Services and the responsible court throughout the realization of the measure.
The essence of realizing the other measure that is the focus of our interest - reinforced supervision by social workers – means that social services prepare a program for reinforced supervision of the minor that lays out how this care will be administered in terms of school, jobs, medical treatment if this is necessary, dislocation from the environment if this is detrimental for the minor, and resolving the differences within the families or other environments where the minor lives.
In the case of both measures, the Center for Social Services assigns social workers who are in constant contact with the parents through which they follow the realization of the measure reinforced supervision ( in the case of reinforced supervision by parents). They are constantly and continually engaged in the realization of reinforced supervision and implementation of the program in the case of the measure of reinforced supervision by the social services.
Measures of reinforced supervision defined in this way, while they are being realized, presume that there is a qualitative difference of the organization of the time and life of the minors who are under such measures compared with that before the measures. Thus, the minors wee asked to define the differences in how the spend their time, changes in their lives and habits in the period before the measure and after. The observations are that almost every fourth minor said that there is no difference in that regard. He is treated the same way before and after the measures. If this is so (and we have no reason to believe otherwise, since the children’s statements were confirmed by those of the parents), then it means that every fourth minor is getting away without any measure at all i.e. changes in future behavior, improvement or continuation of criminal activities, will be the result of the maturity of the minor and of other circumstances, but not the result of any kind of influence exerted over him during the time duration of the measure. The responses of the minors to these questions have to be analyzed very carefully, because they are very indicative and point to the need for working with and assisting parent, as well as giving them instructions of how to approach their child (they are very strict with me, I am scared, we are all scared at home – means that the parent has frightened the child, does not allow him to breathe freely; my parents have lost faith in me, I feel ashamed, , my parents are much more strict now, they embarrass me in front of their friends). Some of the minors pointed out to the greater control from their parents, counsel and a better quality relationship between the child and the parents, indicating positive effects from the measure.
These are the views of the children about the behavior of their parents after the measure was issued. We also explored the other dimension – how parents see their own behavior towards their children after the measure was issued.
The Behavior of Parents
In view of the fact that these are measures where parents have a major role, or are in fact the pillars of the measure (reinforced supervision by parents, guardians or adoptive parents) or as intermediaries (reinforced supervision by social services body), they were asked to define the behavior of their child after the measure was issued and to identify the differences in their own behavior prior and after the measure. Every third parent (31.7%) said that there was no difference. Most of the parents who said that there was a difference, meant difference and impact on the behavior of the child, not their own (“there is some difference, the child is a little bit more nervous now”, “he’s gained a little weight”, “he doesn’t break into houses any more”, “he used to yell at his mother and me, to skip classes, but he is better now. He has seen his mistakes.” “He hasn’t skipped classes since then, he is more patient”, “he behaves now, he listens more”). A characteristic of all the responses pertaining to the behavior of the parents and who it has changed after the measure towards the child was issued is STRICTNESS (“I am very hurt by this, now I am more strict”, “after what he did I have become very nervous and I keep him under strict control”, “It is very different now, , our relationship is more tense now, but he won’t such things again”). These responses did not indicate attempts to create a new better quality relationship of the parents with their children. The findings also show an absence of professional assistance for the parents about how they should approach their child. This is something that should be part of the responsibility of the Social
Services bodies. An additional argument supporting this stand are the findings which show that the behavior of the parents is also determined by their emotional state caused by the offences their children committed (no doubt this is very frustrating, because it manifests their failure as parents), and the measures they are awarded (hurt feeling, nervousness, tense relations).
How Well Do the Parents Understand the Essence of the Measure
The need for helping and supporting the parents in the case of this kind of non- institutional measure is confirmed by the findings that every fourth parent (24.6%) does not know the essence of the measure that their child is awarded. It is interesting to note that in the case of parents who said they understand the essence of the measure we concluded from they responses that most of them really do not (“if someone makes a mistake, they have to be punished in order to improve and not to make the same mistake again”, “we have a hard time with the measure”, “I think this measure is too soft, it is worthless” “I think I have to be stricter so that the child can see me as an authority” there wasn’t any measure really after the settlement about the damages was reached” …)
The findings from the responses to the question who gave them information about what they were supposed to do with the measure are similar. Most frequently (62.2%) the
Center for Social Services is the organ which gives guidance about the realization of the measure and informs the parents. Less often the judge (14.6%) informs the parents about the measure and what they should be doing. This practically means that 37.8% of the parents do not have any connection with the Center for Social Services. This is in line with the previous finding that there is no communication or inadequate and insufficient communication between the parents and the social services organ.
Communication with Social Services
The Center for Social Services has an extremely important role in the realization of the measures of reinforced supervision, irrespective of whether this measure is implemented by the social services themselves or by the parents, adoptive parents or guardians. In both cases, it is an integral part of the work of the social services to maintain intensive and continual communication with the parents. The findings of the research presented so far indicate that there are some problems in this respect. Even so, the information that every fifth parent does not have any kind of communication with the Center for Social
Services is surprising. Of the parents who said they had contacts with Center for Social
Services, their responses indicate that the communication is rare and formal (“they called me once and we talked that the social worker would help me with my child”, “we spoke when the incident happened and no more since then”, “we are in contact every four months or so” “we were there once, we talked and that was it”, “from the time the measure was issued, which was two and a half years ago to this day, we have had only one meeting). However, in addition to the negative, there were also some positive reactions of parents who had established good communication with the Center for Social
Services, both in terms of quantity and quality. They feel very grateful for the assistance they received in brining up and correcting the behavior of their children (“we have very good cooperation” “I am often in contact with them about problems with my child and I am very happy with the work of the Center” “there is communication in both directions, the Center told us about the measure, they come to see us and they are always at hand if we need them”, “once we all went for a consultation there, then the child went more than once, to see the psychologist”)
An indication of the state of inadequate communication, poor in quality, between the parents and the Center for Social Services is their mutual cooperation expressed through seeking assistance for the problems related to the upbringing of the child. The role of the
Center is particularly significant in guiding the parents’ behavior towards the child and how they should bring them up. Therefore, an important indicator of the quality of this type of cooperation will be given by the responses of the parents of how they deal with situations where they do not know what to do or have a concrete problem with their child.
Almost half of the parents (47.2%) said they were never in such a situation, or that they never contacted anyone. Parents that did encounter such situations (57.3%) listed relatives, friends and neighbors as persons they consulted. Only in one case did they turn to the Center. These finding lead to an observation that the body responsible for guardianship in the process of implementation of non-institutional measures is
“invisible”. This means that the parents do not receive adequate and professional assistance. It also means that the parents do not accept the center as their own, as a competent body that is there to help them overcome the problems they encounter in implementing the measure.
Overall findings about the implementation of the non-institutional measures in practice
(reinforced supervision by parents, adoptive parents or guardians and reinforced supervision by the social services body) can be described as follows:
Non-institutional measures are not realized in full, neither in terms of content or manner prescribed by the existing laws. There are problems in parental understanding of the essence of the measure; there is inadequate and poor quality communication between parents and the Center for Social Services that leads to alienation of the parents from the
Center. This also means involvement of other persons (relatives, friends, neighbors) in the implementation process instead of professional and competent experts from the
Center.
In closing of the presentation of the findings about the existing practice in the implementation of institutional and non-institutional measures, we go back to the observation made in the introduction of this paper: the need to constantly follow and current existing measures, but also to seek out new measures that will be more efficient in countering juvenile delinquency in general and juvenile crime in particular, in order to avoid the fates of Elvis, Sali, Ice and Nelko”
Nelko: Deep down, I knew I would end up here. I knew it was no good to be against the others, against all those who you loved and believed in you most in the world. But, as I was growing up and as time went by, the rage I felt toward my father grew and it became stronger than me. Both my mother and my father were learned people. They married out of love, they had me and my sister and after 15 years they came to the conclusion that they are not made for each other and that it would be better for everyone if they separated
They did not ask me or my sister about this. Soon after, my father went abroad, my mother remarried. Again, they did not ask us what we thought about anything. At the beginning, my stepfather was kind to all of us, but I could not love him. He had two children he left to live with their mother. If he was so good, I thought, he wouldn’t have left his children. My step-father did not work, we lived on my mother’s salary. He sat around the house all day, watching television and cursing everything down the line: the state, directors, politicians – everyone was a thief and liar to him. He criticized everything, but he himself did not do anything at all. He could have at least helped my mother. No, he just made demands, everything had to be according to his needs. I couldn’t stand that. I started smoking, drinking and fighting for the smallest of reasons; I started skipping school, and there were times when I wouldn’t go to school for days. I felt rejected by everyone, alone and lost. I felt like the world did not need me, like I was a mistake of nature. On the one hand, I felt furious and on the other unable to do anything to change this. Sometimes I thought about killing myself, but I am also very stubborn, so instead I decided to live my life according to my rules. I had the urge to revenge myself. With two other friends, we went to one of the richer houses in the town.
We stole what ever we found, but that was not enough for me. I set fire to the garage. I was caught pretty soon after that. They sent me to the Home in Tetovo. They were good to me at first. But I just wanted to make trouble, because I felt misunderstood and let down by everyone. Still, in the Home I made friends with a couple of the older children there, who really impressed me with their courage and how they didn’t give a hoot about anyone. They accepted me, they taught me about things I never thought existed in life. I learned a lot about stealing, about pimping and kidnapping. Still, I stayed in the Home until the end of the term. When I came back, my mother and sister were living alone in the house. The step-father was gone, who known where. On the one hand, I felt relieved, on the other I wanted to strangle him because I thought he was responsible for my mother’ illness. I went on fighting, I gained quite a reputation in town. They sent me to another Home, in Skopje. What chaos! No education, re-education, nothing. No one even looked at you like a person. With the exception of Janko, the instructor, who was always full of understanding and patience for all of us who strayed. And we strayed…we ran away from the Home quite often, we roamed the city, but they always took us back.
Now I am in jail, in a cage, and I can’t run away. And I don’t really want to. I have enough time here to think about life, about myself, about the people I know. I am happy that the man who got me here is alive. Not so much because I got a lesser sentence, but because of him, because he is alive to live his life. A person has to fight for life, life has to be lived, but not the way I started living it. Here I understood what it means to be free.
And I will appreciate that in future. I will know how to value life and the freedom of others.
Bibliography G.Kajzer, Kriminologija, Aleksandrija, Skopje, 1995
Prof. d-r Vlado Kambovski, Criminal Codes – with commentaries and amendments from 1999 and 2002. Official gazette of the Republic of Macedonia,
Skopje, 2002
prof.dr DJuradj Stakic, Metodika rada sa maloletnim delikventima, Decje novine, Beograd, 1991.
dry Nicola Rot, Osmotic sociable psychologies, Saved zap udzebnike i nastavna sredstva, Beograd, 1989
Mladen Zvonarevic, Socijalna psihologija, Skolska knjiga, Zagreb, 1989
Lj.Arnaudovski: Predavanja po socijalna patologija,Skopje Stopanski zbor,1983 Dr. Gordana Stankovska
Part III
Bio-psychological individual characteristics of the tested population
Man as an individual is a fragile being, stemming from a long historical development - man is born, developed and formed under many complex social circumstances and relationships. Human beings acquire their first contours through differentiations of the social structure, setting themselves in the context of legal and moral institutions, and ultimately moving from philosophical abstraction to concrete reality. In this reality, human beings consider their ego not only as a cause and condition of their existence, but also as a cause of the existence of everything surrounding them – the outside world.
Individualization results from social division of labor and the ever increasing specialization of labor.
None of us live our lives alone. Some aspects of life are more individual than social, yet life is an experience common to all and shared by all. The first years of life are shared exclusively with the members of the family. The family is the name of the institution that is as old as mankind. It takes different shapes. It is the same everywhere, yet not really the same. Constant changes within the family throughout centuries come as the result of the constant process of evolution: the family is formed according to the conditions prevailing in a particular place and time. At present, the family is rapidly changing its appearance. It is a social structure defined by the system of rights and duties of individuals who are incorporated in this structure. The child gets to know the world of adults through the family, as he/she follows the way of life of the parents. The young individual will later use these duly acquired positive experiences, as well as later contacts with the rest of the adult population, to find out about himself and his gender.
1 Bio-psychological characterists of the tested individuals.
Due to the fact that the characteristics of the individual at the moment he/she commits a crime are looked upon as criminal factors, it is of special importance to follow the bio- psychological characteristics of young individuals. They can be easily detected if related to certain behaviors of adults, since their essence is manifested through the active and the passive attitude of individuals towards objects, occurrences and people that surround them.
When observing the individual, special attention is placed on development and the reflection of proper socialization and psychological development. Due attention is also given to early childhood diseases, starting school on time, apprehension in early childhood leading to fear and insecurity, which prevent normal physical and psychological development.
1. Neurotic reactions
Neurotic reactions in early childhood and adolescence among criminal offenders are expressed as fear, i.e. nightmares. These occurrences are present among 23% of the minors with non-institutional measures and among 42.5% of the minors with institutional
measures.
Table 1 Night Fears – Nightmares Nightmares institutional measures non-institutional measures No. % No. % 1. Yes, from previously. 4 10,0 7 7,4 2. Yes, since institutionalization 10 25,0 1 1,1 3. After the crime was committed 3 7,5 14 14,9 4. None 13 32,5 61 64,9 5. Other 10 25,0 11 11,7 Total: 40 100,0 94 100,0
It is interesting to mention that with the second group, the intensity of the nightmares is
more pronounced after committing the crime and after coming into the institution. It
indicates weak ego-strengths, which prevent the formation of positive characteristics in
the individual, accompanied by difficulties in meeting the tasks and requirements set by
the community and society, which often leads to criminal behavior.
Night fears accompanied by dreams and nightmares in which events have accumulated
carry deep meaning related to the past. At the same time, they indicate a symbolic
translation into the present stimuli and are frequent among this fragile population. One
can assume that dreams are ways through which these children try to overcome present
problems in relating to society and to decrease the tension caused by the dissatisfaction of
the newly created situation.
1. Individual characteristics of the tested population
A major determining factor for exhibiting certain criminal behavior is, without doubt, a
negative character trait. A person’s character is mainly pronounced in a particular
activity by the manifestation of certain attitudes, ideas, values, intentions, will and plans. Through behavior, one can clearly detect whether one’s characteristic features are good –
positive or bad – negative. This allows us to come to an objective conclusion of how an
individual behaves towards himself, towards other persons in the immediate and broader
surroundings, towards surrounding objects, nature, art, culture, as well as towards social
and ethical values.
That’s why in studying the problem of juvenile delinquency, special attention is given to
the social relations and attitudes in which the tested individuals were raised and educated.
This indicator offers an opportunity to establish the emotional characteristics, i.e. the way
this population accommodates to the norm, and its sociability. The data analysis
referring to the sociability of the tested population, which was obtained though talks with
parents of minors with institutional measures indicate that these children were sociable,
they never felt lonely and kept company with peers with commendable behavior.
Table 2. Sociability among the tested population 1.many friends 14 17,1 2. some friends 47 57,3 3. only one friend 10 12,2 4. no friends 5 6,1 5. other 5 6,1 6. does not know if child has friends 1 1,2 Total: 82 100,0
Only a small part of them showed signs of being introvert, feeling lonely or not having a
single friend. To us, it was important to establish the relationship between these facts in
order to verify the theoretical assumption and empirical knowledge related to the
sociability of the delinquent population. Theoretical assumptions indicate that sociability
and openness are possible characteristics for delinquency. The research results confirmed this assumption, i.e. that these are essential characteristics of this population, especially
when expanding into the social environment.
The research also showed the attitude of the tested group towards the environment, their
peers and friends, i.e. their ability to solve conflict situations. The obtained results show
that there is no significant difference between the groups, when applying aggressive and
destructive behavior in solving conflict situations – fighting with friends, disputes, killing
animals, breaking windows – they are equally present among both groups: 46.9% among
minors with non-institutional measures, and 42.5% among minors with institutional
measures.
Table 3. Aggressive behavior in the tested population Aggressive behavior Institutional measures Non-institutional measure No. % No. % 1. Fighting and quarrelling 17 38,6 24 24,6 2. Torturing animals 2 4,5 4 4,1 3. Breaking windows 4 9,1 9 9,2 4. Multiple answers 4 9,1 5. No 17 38.6 52 53,1 Total: 44 100,0 98 100,0
Asocial and antisocial excesses are characteristic for all the minors. Observed
individually or as a whole, the results show aggressive and destructive behavior of the
individuals in the social domain, i.e. they develop negative reactions and experience
difficulties in adapting to the group. It also shows that the group as a whole bears traits
of poor psycho-structure since early childhood: lack of tolerance, frustration, lack of
proper mechanisms for solving conflict situations, which later in life serve as a basis, i.e.
promoter of certain undesirable antisocial activities. This part of the research also indicates that asocial and antisocial behavior is more pronounced among minors with non-institutional measures. This fact indicates that social services should have a complex multidisciplinary and dynamic attitude towards the juveniles in specialized centers and institutions for juvenile delinquents. They should not work only on improving their personality, but also on dealing with the home environment of these minors, so as to ensure successful reintegration into society. However, the family still remains the primary groups in which the personality of the child is constituted and developed, and at the same time, serves as the bridge that connects the child to society.
The phenomenon of aggressiveness, among other dimensions, contains the inborn drive dimension, which leads the individual to fight, to prove himself, to compete. At the same time, it also pushes the individual to engage into other forms of destructive behavior – hating others, threatening them and even killing them. This is often accompanied by the idea that someone hates them and is plotting against them. This phenomenon is present in about 30% in both groups. Still, we can say with confidence that it has nothing to do with the pathological experiences of the young individual.
As biological beings, humans change and shape themselves through their activities and the effects of the environment. A psychological being created in such a way, builds up a psychomotor system where the psyche takes the leading role over the physical being.
The psyche is the main substrate that makes a man do or not do something. It can be interpreted as the attitude of a person who is under the influence of the social environment, but who has not become a fully developed psychological being. These persons are believed to confuse the mechanisms of I and Ego that control and defend – thus resulting in a disbalance of the cognitive reasoning of relationships. In circumstances like these, the logical does not annul the illogical, the rational does not annul the irrational, the real does not come over the subjective. In our focus group, the minors do not seem to maintain the understanding of the need for preeminence of the objective, real and logical.
1. Child Parent Relationships
It is a well known fact that the immediate influence of the family on the young is carried out by the attitude of the parents towards their children, both in terms of physical existence, as well as in building the basic traits of the child. Satisfying the biological needs is essential for the existence of the individual, while the development of human traits of the child satisfies the need of the child for family belonging and identification within the broader community. Formation and socialization of the young members of the family largely depend on the quality of the relations within the family and its moral, social and pedagogical capability. The attitude of parents towards their children, when carefully measured and educationally oriented, can always be considered as a guarantee for a healthy development of the young persons, as well as protection from negative influences. Conversely, negligence, lack of care and other deformations in this respect can have a negative impact on the psychological life, mental health and social behavior of young people.
Research of the emotional aspects, relating to the attitude of the minors towards their parents, clearly show that general differences between the two groups are statistically insignificant. In most of the cases, these minors were brought up in families full of love and respect. The majority of them show love and positive emotions towards their parents. When referring to their mother the two groups have homogenous answers: genuine love (79.6% of minors with non-institutional measures and 83.3% of minors with institutional measures); the rest gave responses of not loving their mothers, or feeling hatred, indifference or intolerance.
Table 4. Child – Mother Relationship Emotions towards the minors with institutional minors with non- mother measures institutional measures Br. % Br. % 1. Love 35 83,3 78 79,6 2. Indifference 1 1,0 3. Hatred 4 4,1 4. Other 5 11,9 13 13,3 5. Refuses to answer 2 4,8 2 2,0 Total: 42 100,0 98 100,00
In the group of minors with non-institutional measures, the majority of them also show feelings of love towards their father (70.7%) while 60% of the minors of the other group also responded with love towards their fathers.
Table 5 Child - Father Relationship Emotions towards the minors with minors with non- father institutional institutional measures measures Br. % Br. % 1. Love 24 60,0 70 80,7 2. Indifference 1 2,5 3 3,0 3. Hatred 6 15,0 8 9,1 4. Other 8 20,0 16 16,1 5. Refuses to answer 1 2,5 2 2,0 Total: 40 100,0 99 100,0 The results confirm the basic assumption that the already established positive relationships, full of positive emotions and attitudes, are the basis for transferring security from the home to the broader social space. The acquired stability and self-confidence they manifest will be helpful in accepting general norms and values, provided overbearing feelings of frustration and resentment towards parents are avoided.
The general conclusion is that this focus group has been raised and educated in families where they were loved and respected. However, it also shows an existing weakness in the process of upbringing, that has had a negative impact on the development of the minor, leading to further inappropriate behavior and resistance to certain life situations, and eventually to criminal behavior. It happens very often when they can’t find an example of how to identify with their parents, when there is no emotional closeness and when latent misunderstandings and confrontations cannot be avoided.
1.4 Family Violence
Violence is manifested through two basic components:
Aggressiveness and aggressive behavior. In view of the fact that aggressiveness is a psychological quality of a person characterized by increased activity for action
(aggressive behavior) and aggressive behavior is the physical activity aimed at other people in order to harm them, aggressiveness and aggressive behavior are common characteristics of all types of violence.
If it is true that aggression is not merely negative, but at times even a positive and frequent characteristic, then the question is what needs to be done to curb it and to enable that person to be sociable and humane. In most cases, children are exposed to violence at home. Family violence can take different forms: physical and psychological mistreatment, sexual abuse, labor exploitation, child neglect by parent or by other people whose duty is to protect them.
As a particularly vulnerable category, children deserve special attention, protection and help from parents and from the state. Disrespect of the basic rights of the child or any from of bad behavior towards children that inflict pain and hurt is considered as mistreatment of children and violation of their basic rights. Later on, such mistreatment bears deep consequences in their psycho-physical development.
Physical abuse is not an event that happens accidentally; on the contrary, it is a pattern of behavior, repeating itself in a longer period of time. It refers to conscious and intentional abuse of the child, but also refers to over rigorous discipline and punishment.
Consequences of physical abuse can influence both the physical and emotional development, as children live in constant uncertainty and fear of new abuse. It can result in loosing confidence in others, feelings of guilt, problems in relating to others even in self-infliction of pain. Children see themselves as “bad”, not deserving of love and attention, and expecting to be rejected.
In elaborating this issue in our study, the starting point was a theoretical and hypothetical framework. We maintained the standard views according to which “the structural entity of the family and its other advantages are an important prerequisite for its adequate functioning”. Contrary to it, the lack of balance in the composition and relations within the family, frequent disputes and abuses, including physical violence, seriously burden the family atmosphere and impede the normal functioning of the family. In such circumstances, children suffer the most. It is a fact that the status of the family members is the primary basis on which family
relations are built. However, it is also true that biological ties stem from the
characteristics of the relationships such as: feeling of dependence and emotional ties.
The relationships between spouses is a role model from which children learn and accept
behavior in the family. The better the relationship among the parents, the more
successful the up-brining of the children is expected to be. In many cases, troubled
relations between parents serve as a bad model for the children’s behavior within the
family, and imposes a fatal impact on their development, and on the family atmosphere as
a whole.
According to our judgment, the questions we have raised deserve special attention in our
study, because they offer a comprehensive insight into family violence. The questions go
directly into the issue of harassment and exposure of children to violence by their parents,
witnessing violence by the members of the family, as well as violence between the
parents.
Our research results confirm that harmony never existed, in any of the groups. Just the
opposite, troubled family relations affected their psychological development, and also
caused feelings of insecurity and rejection.
Table 6. Violence in the Family Violence in the Family minors with minors with non- institutional measures institutional measures Br. % Br. % 1. Yes 16 40,0 31 33,0 2. No 24 60,0 63 67,0 Total: 40 100,0 94 100,0 Out of the many forms of family violence, the following seems to be predominant: verbal
disputes, fights, insults, humiliation, psychological abuse between parents or among some
other members of the family. It can easily be traced in the following table.
Table.7 Types of family violence
Types of violence minors with minors with non- institutional measures institutional measures Br. % Br. % 1. quarrels, verbal disputes 10 13,2 23 21,5 2. fights 36 47,4 8 8,5 3. Insults, humiliation 3 3,9 5 4,7 4. a mix 2 2,6 5 4,7 5. other 1 1,3 2 1,9 6. harmonious relations 24 31,6 63 58,9 7. refuses to answer - - 1 9,0 Total: 76 100,0 107 100,0
Results also show that in the two groups, about 40% of the minors participated or have
witnessed violence among family members, or have in the least felt that something
unpleasant was happening in their home.
Research results show that under conditions like these, in families where there is no love,
respect, understanding, confidence or discipline, and frequent conflicts, disputes,
emotional tension and fights, children often identify themselves with their parents and
develop a pattern of behavior that translates into aggressive reactions in conflict situation,
or various other forms of deviant or criminal behavior.
The study shows that the family, as an intimate group that is biologically and genetically
created and connected, can be an environment in which all forms of aggressiveness are
possible. This is probably due to the organization of the family and the autonomy and
rights given to some members of the family, as a sign of authority. Such members resort
to various forms of aggressive and destructive behavior, which is manifested through mental and physical abuse of the weaker, but also the members of the family as well. It is a commonly accepted opinion that these negative influences are most severely pronounced during adolescence, when young individuals, biologically and sexually healthy, start gathering bad emotional and sexual experiences that go into their identity.
1.5 Socio-pathological phenomena
In addition to the above mentioned influence related to the family and the formation of minors, the attitude of parents and other members of the family towards the social and other norms and values is equally important.
In explaining the criminal behavior of minors, special attention was given to socio- pathological phenomena, such as delinquent behavior of other family member, alcoholism and prostitution.
It is devastating for a young individual to develop in a family environment where its members, even the parents themselves, are engaged in socially unacceptable behavior, i.e. socio-pathological phenomena. In cases like these, both the social and ethical formation of the individual comes under question. This is why when talking about juvenile delinquency, it is almost impossible to avoid socio-pathological phenomena, since the correlation is obvious.
1.5.1 Alcoholism
Alcoholism is one of the most frequent socio-pathological behaviors in our society.
Alcohol, despite the drinking age restrictions, has become a part of the daily life of our youngest population.
It is devastating for young individuals to develop in a family environment where its members, including the parents, show signs of socially unacceptable behavior, i.e. socio- pathological phenomena which inevitably influence the ethical development and formation of the minor.
Analyses have shown that socio-pathological phenomena in the families of our focus group are always present. But, they have also shown that asocial behavior of close members of the family is of extreme importance. Namely, in some of the families, a family member or the minors themselves consumed alcohol uncontrollably. This is certainly one of the most important factors leading to crime. Analyses have shown that the percentage of alcoholism is higher among minors with institutional measures (25%) as opposed to the group of minors with non-institutional measures (12.8%). Alcohol contributes to aggravating relations within the broader family, but it also erases the broader model of identification and results in socio-pathological behavior of the minor.
Not only does alcohol consumption violate the established law and order, it also influenced young people to get involved in fighting, physical abuse and to inflict bodily harm.
1.5.2 Drug Abuse
Drug abuse or substance abuse can be described as regular and excessive use of drugs.
This inevitably leads to physical and psychological addiction. The dosage of the drug constantly increases, while the effects are damaging for the user’s health, and consequently to society. It is a notorious fact that the situation in this domain is more than alarming, since these drugs devastate human beings – not only socially, financially and health wise – they turn people into asocial and very often antisocial beings.
Drug abuse is considered to be one of the most dangerous phenomena that not only devastates the life of young people, but indirectly contributes to the increasing rate of criminal behavior. This negative socio-pathological phenomenon comes, no doubt as a
result of the changes taking place in the Macedonian society, in which unfortunately, the
number of young addicts is constantly growing.
In our focus groups, drug abuse was registered only among the minors with institutional
measures
Table 8 Drug Abuse Drug Abuse minors with institutional minors with non- measures institutional measures Br. % Br. % 1. yes 8 20 3 3,2 2. no 32 80 89 96,8 total: 40 100,0 94 100,0
The most commonly used drugs in Macedonia are: heroin, marijuana, hashish and
cocaine. Young people abuse them and become addicts (there are three types of addition:
psychological, physical and substance tolerance). This certainly has grave consequences
for addicts, their families and society.
5.1.3 Begging
Begging as a negative socio-pathological phenomenon is widely spread, especially in
urban areas of the country.
During the last several years, all bigger towns in Macedonia are confronted with beggars,
both young and old. The increasing number of beggars is due to the socio-economic
crisis, dysfunctional families, low level of education, but also the mentality of the people.
Exploitation of child labor is one of the most complex issues. Children are being abused
in order to secure financial means for their families, as well as that of third persons. Our
research includes only a very low percentage of this category of children from both focus groups. The information is obtained mainly through the talks with the parents of the minors with institutional measures.
This phenomenon has been followed regularly, and measures and activities are being taken to prevent it. All these activities have one goal – to overcome the existing problems and to protect the young population from maltreatment, neglect and exploitation.
5.1.4 Prostitution
Prostitution is considered to be a negative phenomenon involving promiscuous sexual relations, usually females offering sexual services to men, who, for whatever reasons, are interested in sexual exchanges on a purely commercial basis. In fact, females sell their bodies for money, material goods or services.
Primarily prostitution is a social phenomenon (unemployment, poverty, economic dependence and inequality of women, pressure from the husband); yet in a small number of cases both physical and psychological traits of the individual can be detected.
Our research has shown that the percentage of prostitution in the families of the focus group is very low, ranging from 1.1% to 2.5%.
Research dealing with juvenile prostitution has shown that prostitutes are often involved in some form of crime, vagrancy, drug abuse and in violating public law and order.
Studying the bio-psychological characteristics of juvenile delinquents from a theoretical point of view based on the obtained results, we have come to the conclusion that the individuality of a person is not determined by economic, social and other factors alone, but it also depends largely on bio-psychological factors that play a great role in forming personality and criminal behavior. In most of the cases, the biological, psychological and social factors put together determine the criminal behavior of the individual. Sometimes, the presence of socio- pathogenic factors in the social environment can greatly modify life patterns and norms of behavior, and through the process of social de-adaptation contribute to manifestations of criminal behavior. Dr. Ljubica Choneva
Part III
Execution of Educational Measures by the Social Services Centers, Correctional Homes
and Reformatories
1. Practical Implementation of Educational Measures
There are many complex reasons and conditions that lead to juvenile crime, and there are many various actors of policy and practice for its suppression. From the point of view of the factors that reduce juvenile crime and those which deal with the consequences of the crime, the successful social protection of juveniles who have violated the law presumes consistent policies, coordinated views, coordination and joint action. This stems from the fact that re-socialization and re-education are complex processes that require planning, systematic work, coordination, consistency, variety of content and careful monitoring of the individual effects on each juvenile.
Having in mind that juvenile delinquency is in fact disrupted social development, i.e. unsuccessful socialization that affects the behavior of minors, our work in carrying out these educational measures focus on:
a. To enable them to join the labor market and to lead a self-sustained life, as an
important element in changing negative habits and attitudes into a new system
of values, especially when it comes to acquiring work habits and positive
work attitudes. Education and proper qualifications are a decisive factor in
detaching juveniles from delinquent behavior, especially delinquents who lived in poor conditions and had to unfavorable conditions for proper
development.
b. To integrate juvenile delinquents in the social environment, as an important
mechanism leading to positive socialization. The process of re-education
seeks to embed social norms of behavior, through positive identification and
social affirmation of these young people with their peers, at school and in the
neighborhood.
c. A dynamic attitude towards the consequences and measures aimed at
overcoming this situation. These activities, according to the content, are
conceptually based on mental hygiene, education and sociology, in order to
respond to the complex needs of the juvenile. Absolute priority is given to
educational rather than repressive measures.
d. Juveniles have the need for humanistic values, and educational measures that
emphasize their anthropological dimension. Values cannot always be reduced
to psychological counsel, sometimes they require material support, which
unless extended, can provoke new criminal activities.
The institutionalized system of organized social care in homes and professional engagement in encompassing and re-educating juvenile offenders in our country includes the Custody Center i.e. the Center for Social Services, the educational organization
“Ranka Milanovik”, the correctional home and the reformatory - juvenile prison.
2 The Role of the Custody Center in the preparatory procedure The preparatory procedure, as usual, involves public prosecutors, courts and social services centers, as well as Custody Centers; thus, the correct choice of measures and their efficiency depends on all of them. In this context, the position of the Custody
Centers in the procedural process involving juveniles is the following: the juvenile judge has the obligation to inform the Center about each procedure that is raised against a juvenile and to inform the Center of its proceeding. The goal is to involve the Center in giving proposals and sharing information relevant for reaching a legally binding decision.
It is important to note that the position of the Center in juvenile criminal procedures is not the same as that of the legal representative (parent, guardian).
By suggesting educational measures to the Court, the Center is in a position to suggest possible ways and measures of re-education and social protection. Accordingly, the basic goals in involving the Center in the preparatory procedure is to gain more information about the juvenile and his environment and on this basis to determine the methods for his re-education. In criminal procedures, Courts have a key role, but their role and success depends to a large measure on the engagement of the Center, since the Courts reach decisions on the basis of the Center’s examination of the case and the circumstances that led to delinquency.
Therefore, the Center has an influence on the policies and decisions regarding disciplinary measures for juveniles, which is perhaps indirect, but nonetheless decisive.
This means that the Social Services Center directly influences the policy of disciplinary measure implementation, i.e. the re-education of juvenile delinquents in Macedonia. This prominent position of the Center in the juvenile criminal procedures is motivated by the public interest for legal measures that will prevent further criminal activities. The duty of the Social Services Center to study the personality of the juvenile delinquent derives from the Criminal Procedure Law, and it refers to the psycho-physical development and other personality traits of the juvenile in the context of his living environment and conditions.
This means economic conditions, family conditions, friends, neighborhoods, study and work habits, frustration, duration and type of criminal activities, etc.
The personality traits and the social conditions of the juvenile is studied by an expert team from the Center, comprised of a social worker, a psychologist and a pedagogue.
They determine they indications and possible repercussions, on which they base their expert opinion for the Court report, where they suggest the most applicable and relevant disciplinary/educational measure. Personality analysis of the juvenile and his behavior are of particular importance for the Center, in the process of implementation of the measure.
The assessment of the quality of the preparatory procedure which precedes the pronouncement of the disciplinary measures leaves room for possible shortcomings of the report on the personality of the juvenile, their living environment and the circumstances under which the crime was committed, as well as other data relevant to the provisional measures. Most frequent drawbacks are partial observation, absence of one of the professionals in psycho-social and other diagnostic procedures and others. In both cases, if such shortcoming are registered at all, they are the result of professional mistakes, lack of knowledge and cursory attitude towards this important role of the Social
Services Center.
As for the preparatory procedure for juvenile delinquents, the work of these Centers so far can be evaluated as satisfactory, and they have justified the role they have been entrusted with. This conclusion is based on the data supplied by the Centers referring to the measure by submitting reports that were accepted by the Court in the past year.
Table.1. Disciplinary measures proposals accepted by the courts in 2003 Proposals of disciplinary Number of % measures centers 1.Accepted 13 86.6 2.Rejected 1 6.7 3.No response 1 6.7 Total 15 100.0
The table shows that judges in juvenile courts, with some exceptions, accept i.e. pass disciplinary measures suggested by the Social Services Center. This claim is also supported by the responses to several questions put to the experts in the Social Services
Center directly involved in the preparatory procedure. The first question was about the role of the Center in the preparatory procedure, i.e. the need for timely and prompt inclusion of the Center. This is important because the urgency of the procedure and the prompt reactions of the relevant institutions and organs presume the existence of good organization, efficacy and precise delineation of duties and responsibilities. In practice, the figures show that 85.7% of the Social Services Centers reacted on time, i.e. were included immediately after the juvenile criminal procedure was raised. There is only
9.5% of delay.
Consequently, the Centers approach their tasks immediately, they study the personality of the juvenile and they prepare the report. This is registered in the permanent records of the juveniles in the Centers. Sending the report with delay can occur only in exceptional cases, when the juvenile is unavailable to the personnel of the Center, because of wrong address listed in the records, temporary residence outside the permanent address, etc. All
Centers, without exception (95.2%) send the report on the juvenile to the juvenile court judges before the disciplinary measures are passed. It shows that the Centers in
Macedonia have a very responsible attitude towards the preparatory procedures in juvenile delinquent cases.
As for the staff involved in the preparatory procedure, it has been established that 85.7% of the overall number of Centers involved in the study (15) use a full team of a social worker, psychologist and pedagogue in preparing the reports. In fact, the same team that works on the preparatory procedure is also involved in the implementation of the disciplinary measures.
However, such favorable evaluation cannot be given when it comes to the presence of a representative of the Center during Court sentencing. Less that half (47.6) of the Centers do not receive regular notification to attend the court proceedings, 38.1% have received it occasionally, while 14.35% have never received any notification at all. These facts should be noted having in mind the legal procedure which requires mandatory presence of a representative at the meeting of the court council when deliberating on a juvenile.
The role of the representative of the Social Services Center is that of a legal representative of the Custody Center. In this capacity, the representative of the Center can help in the procedure for reaching disciplinary measures, by providing additional information. Their presence does not mean testifying or giving evidence before the
Juvenile court council.
From the overall pictures that has been presented about the activities of the Social
Services Center, we can conclude that the courts in Macedonia receive substantial assistance in reaching disciplinary measures and policies of disciplinary measures in general. Efforts should be made to maintain this close cooperation and to develop it even further, especially when it comes to passing disciplinary measures; no measure should be passed prior to receiving a written report about the living conditions and environment of the juvenile.
It should also be noted that for years now, the Social Services Centers have an established practice of implementing standardized and verified instruments and methods for examining the case and preparing the report, which are the same for the whole country. However, because these Centers are overloaded with work involving other categories of beneficiaries, such as the enormous number of people applying for social welfare support, not enough attention is given to methodology. This is particularly acute problem in the Centers in the bigger municipalities in Macedonia, where the number of juvenile delinquency is growing constantly. In such cases, the report on the personality of the delinquent prepared for the courts can be incomplete and stereotyped, and as such is inadequate to its intended purpose. When asked about the current situation, people directly involved simply answered that despite their other engagements, they are doing their best to carry out their responsibilities related to the preparatory procedure fully and professionally.
3. Non-Institutional Measures
In the system of disciplinary measures for juvenile delinquents, the number of non- institutional measures exceeds that of institutional measures. It is to be expected since, as the name indicates, they imply treatment without changing the environment and the ambiance where the juvenile lives. Such measures allow ample possibilities for inclusiveness in the process of re-education, in addition to that of the social services and institutions that assist, protect and control juveniles. On the other hand, in implementing these measures, the social services have an active role in protecting and guarding these juveniles, depending on the environmental factors. This means that in the system of non- institutional measure, criminal and legal proceedings are replaced by measures of social protection and re-socialization. The Center for Social Services, as a professional institution for social protection and guardianship of juveniles, is entitled by law, to special rights and duties in carrying out the disciplinary measures. Its foremost duty is to create favorable conditions for the physical, social and mental development of juveniles, both in the society and in the family, and to foster those factors that lead to successful re- socialization.
Although the final decision on measures is brought by the Court, the role of the Centers is also significant. Their inclusion in the procedure has been foreseen at the very beginning of the procedure, so that they can take part in the decisions on the type of measure, and later on, in providing protection as secondary prevention from further criminal offenses.
Those forms include professional supervision by an instructor and professional help, programs for implementing disciplinary measures, notification of the court of the results from implementing the measures and the compliance of the juvenile. 42
Due to the fact that disciplinary measures such as “placement in a disciplinary center” or
“placement in an institution for medical treatment”, are not awarded to juveniles, in practice non-institutional measures means “reinforced supervision”.
The group of measures of reinforced supervision include reinforced supervision by parents or guardians; reinforced supervision by guardian organ; reinforced supervision by a foster family. All of these types of measures have specific requirements, which have to be respected when applied in practice.
42 M. Milosavljvik: Socijalni rad na medji vekova, p.87, Beograd,1998 god. The measure of reinforced supervision by parents or guardians is issued to minors who clashed with the law and have parents who have made errors in raising and brining up their child. The parents are aware of this fact and wish to overcome this predicament in the family with their positive engagement. In such cases, the court acts in good faith towards the parents and issues certain tasks related to the process of upbringing, which the parents have to follow to prevent further criminal behavior of their child. The guardianship organ in this case has a secondary role, while the primary role of re- education is in the hands of the parents. In most cases, once they see that they have made mistakes in raising their children, the parents are prepared to engage themselves in changing those circumstances.
The measure of reinforced supervision by a guardian organ is issued in the following situations:
- if the parents or guardian are not in a position to exercise reinforced supervision,
i.e. greater control over the minor;
- if the professional team from the custody organ is not in a position to find a foster
family that will exercise reinforced supervision and assist in the re-education of
the minor according to the established criteria.
In fact, this educational measure does not differ from the measure of reinforced supervision as an independent measure. The differences are only of methodological nature and depend on the age, since in this case we are dealing with young adults.
Reinforced supervision in a foster family is applied in cases when it is assumed that parents themselves are not in a position to realize the monitoring over the juvenile. Then, the juvenile is sent to a foster family which is expected to have the capacity and quality to supervise the juvenile in exchange for some financial reimbursement. Experience so far has shown that those are families of closer relatives, or neighboring families who know the juvenile well and know the ways he has manifested his negative behavior. The conditions the families are to meet are very precise and they are decisive in choosing the family for reinforced supervision. For example, one of the basic conditions is the attitude of the juvenile towards this particular family, but even more so the relations between the natural parents and their children within the family. Considering the fact that those juveniles are older than 14, they are not likely to establish such relationships, since it is a well known fact that such relations are established at a younger age, under 10. The only relationship expected to be developed are positive emotional relations between the juvenile and the children from the foster family that will carry out the supervision. The other conditions when choosing a family is that the age of their children is approximately that of the age of the juvenile delinquent. The above mentioned, together with other measures, in fact limit the measure of reinforced supervision in a foster family, and as a result it has not received significant affirmation in practice, nor is it awarded much by the
Courts. It has to be mentioned that there have been no engagements so far in implementing such a measure, but in future, it has to become a priority task. This is primarily due to the fact that quality supervision in a foster family can become a good corrective, i.e. a successful replacement of unsuccessful reinforced supervision of juveniles by his own parents or guardian. Presently, most of the collaboration between
Centers, judges and parents considering measures for reinforced supervision is pro-form, but if the engagement, assessment and mutual cooperation becomes real, it will give better results in the process of re-education. It will also eliminate the formal six-month report to the Judge prepared by the Center, to the parent or the guardian, about the results of the measure, provided they are in constant communication and follow the progress as well as the problems related to such juveniles.
This has to become a part of the new legislature for juvenile justice.
3.1 Implementation of the measures for reinforced supervision
The system of institutional measures of reinforced supervision of juveniles with criminal behavior, emphasizes the role of the Center for Social Services. This role is precisely and normatively regulated through the tasks of the custody organ in a procedure referring to juveniles, as well as in the implementation of educational measures which include services of social, pedagogical and psychological work. 43
The Centers for Social Services in Macedonia, from the very beginning of their foundation, have been working on issues of prevention and eradication of disruptive juvenile behavior. For over 50 years of their existence, these institutions have gained a considerable general experience which can be utilized in further development of the practice.
In implementing the educational measure of reinforced supervision, the Center for Social
Services, as a guardian body, has a key, autonomous and independent role. It has to be noted that each municipality in Macedonia has a network of guardian bodies i.e. the
Centers for Social Services as individual and independent institutions in the domain of social protection. This is a positive situation, since in both roles, the implementation of guardianship and services to the citizens for social rights, the quality work and the efficiency of these institutions have already shown their social affirmation and positive effects.
43 Criminal Code of the Republic of Macedonia Art.l.78,79,80 The number of measures of reinforced supervision implemented by the Center for Social
Services, covered by the polls of this research, show considerable differences among some centers, but the number of such measures is growing, which can be seen in the following table
Tab.2. Structure of measures of reinforced supervision carried out in the Centers for Social Services
Reinforced Reinforced Center for Social supervision by supervision by a Services parent/guardian - guardian organ Total 1.Prilep 85 20 105 2.Kavadarci 46 15 61 3.Negotino 14 2 16 4.Probistip 22 2 24 5.Ohrid 58 101 159 6.Gostivar 5 - 5 7.Strumica 25 5 30 8.Kr Palanka 2 13 15 9.Stip 13 11 24 10.Sv Nikole 8 9 17 11.Kumanovo 110 - 110 12.Gevgelija 1 11 12 13.Veles 36 3 39 14.Skopje 438 61 499 15.Tetovo 16 7 23
3.1.1. Conditions for the Implementation of the Measures
Implementation of the educational measures in the Center for Social Services requires some prerequisites of organizational, human resource and economic character, primarily professionalism and professional attitudes without which it is impossible to achieve the expected results.
Some of the major problems presented by the employees of the Centers are the following:
Table .3. Most frequently encountered problems in the work with juveniles. Types of problems Number of % answers 1. Inadequate organization of the overall 7 17.5 work process 2. Insufficient space for individual and 4 10.0 group work 3.Unfavorable material conditions. 4 10.0 4.Engagement with other beneficiaries 14 35.0 of social protection 5. Voids in legislation 6 15.0 6. Other 5 12.5 Total 40 100.0
According to the answers that were received, the difficulties in implementing educational measures are primarily of a professional / personnel, organizational and organizational and financial nature.
The unfavorable economic situation in the social welfare system, largely influences the functioning of the Centers for Social Services, thus affecting the implementation of the educational measures. The poor financial situation restricts field work – visiting the families of juveniles and contacting other subjects. Very often, these problems involve lack of vehicles, their maintenance, gas expenses and so on. Then, there is no way how to help the juvenile and his family financially and in other necessary ways, since each implementation of educational measures requires changes in the living conditions and the environment which have contributed to the juvenile behavior. In that way, the Center for
Social Services are unanimous in their statements: “the State budget should allocate means to support the implementation of educational measures”. Lack of work space, materials and audio-visual aids (video-beams, TV documentation, film and other aids for contemporary methods of working) are the complaints voiced by a number of Centers. (Skopje, Kavadarci, Ohrid)
The need for computers is voiced by all Centers in order to establish a unified database of juveniles. Nearly one quarter of the surveyed experts explained that they have nor recorded evidence of their work, but according to the documentation, this percentage is much bigger.
Organizational problems in the work process are directly related to the multiple roles of the small number of personnel, since they are also engaged in other cases related to social welfare protection. In one of the Centers, we heard the following comment: “The work of the Center in implementing educational measures is marginal. Everybody is engaged in social welfare aid”, or “By diverting our attention to other matters, we lose continuity of contacts with the juvenile, and we have to start anew each time”.
The organization of expert work in Macedonia varies among Centers, both in type and areas of problems. When discussing expectations and results from the implementation of educational measures, the best way of organizing are the expert services in the Centers which can offer such services. In accordance with the above mentioned conditions, this activity in the Centers in Macedonia, in most cases, is organized in a flexible manner, occasionally as special teams, depending on available personnel. As for the organization, it is wrong for the implementation of measures to depend on only one profile of experts, since experience has shown that complete implementation of measures can b e achieved through team and inter-disciplinary work. In this regard, the Centers for Social Services in Macedonia have a positive experience in working with juvenile delinquents based on standardized and tested methods and approaches.
Team work is one of the basic requirements of modern treatment of juveniles who have been awarded educational measures, including additional care as the final stage of the implementation of the measure. Although working conditions in the Centers are different, depending on available professional staff, the common features that unites them is their orientation to secure expert teams which include: a social worker, psychologist and pedagogue and in some cases, a lawyer, if needed.
According to the data received from the Centers about team work as a requirement of modern science and practice, the situation in Macedonia varies considerably. Many
Centers are equipped with a team of experts consisting of a social worker, psychologist and pedagogue. In the Center in Kriva Palanka there is no pedagogue, in Kumanovo there is no psychologist, whereas in Prilep, Ohrid, Stip and some other Centers, a lawyer is engaged occasionally.
Internal organization of the Centers in Macedonia for implementation of educational measures is the following:
Tab.4. Organization of the Centers for Social Services for implementation of educational measures. Organization of Number of % work centers Special services for 1 19.0 delinquency with multiple teams Special team for 14 81.0 delinquency Total 15 100,0
The situation presented on the table suggests that the Centers have a relevant work organization for this issue. Within the Inter-Municipality Center for Social Services –
Skopje, there is a special service for children and adolescents, with two fully equipped teams and a number of social workers. This offers the highest level of specialization of the experts, since they work exclusively on this problem. In the rest of the Centers, however, the expert teams dealing with these problems, are also engaged in dealing with other categories of beneficiaries due to the constant and expanding scope of social welfare protection.
Such organization of the work is undoubtedly based on professional and practical reasons. The professional reasons include, primarily, the complexity of the problem of juvenile delinquents. It requires very subtle professional treatment, individualized and differentiated according to the typology of the juveniles, then obligations in applying team work which requires consistency of all team members in order to achieve better results. Without getting into deeper analyses, we will only add that an organization like this results from the scope of the cases in the municipality, but also from the availability of staff in the Center. In order to improve the organization of the work in implementing educational measures, professionals suggest that each Center should have a special team responsible for juveniles, rather than one team for all categories, which is often the case, with the social worker being the only non-permanent member. They also stressed the need for bigger participation of psychologists in this segment of the Center, whose only engagement will be to work with juveniles and their families (Gostivar, Strumica and others). In support of the view for the need of adequate organization and staffing in the implementation of educational measure for juveniles, data show that 66.7% of the staff has over 15 years of experience working in the Center, while 62.0% have some working experience in working with juvenile delinquency.
The need for professional teams does not go contrary to the engagement of staff in other types of problems in the Center. In practice, however, these two approaches are in direct contradiction since it is not a matter of choice, but of necessity that these two are organized. The circumstances are such that the increased number volume of wok is often used as an excuse for not having teams or certain professional profiles specialized in these matters. In fact, there is need for specialized personnel dealing with more the pronounced and complex aspects of the implementation of various approaches of individual and group work with juveniles, their parents and activities in the local community dealing with juveniles.
The need for specialization in this matter has not been realized in our Centers. However, in the course of the last several years, positive steps have been taken, by organizing seminars and other forms of education. Still, the possibility of gaining extended knowledge in this field has not been available to all Centers for Social Services, or to all the staff of a Center, which can be seen from the following table.
Tab.5. Participation in educational seminars How many times have Number of % you attended people professional polled educational training Once 3 14.3 Multiple times 8 38.1 Never 6 28.6 Their Center was not 4 19.0 included Total 21 100.0 It is obvious that half of the surveyed staff of the Centers engaged in the implementation of educational measures have not had an opportunity to gain extended education in these essential issues. On the other hand, those who have received such education, respond that this training has helped them considerably (38.1%) and partially (41%) to their work with juveniles.
The need for additional education was expressed b y 95.5% of the respondents, i.e. nearly all professional staff in the Centers, including the ones who have already attended some kind of education training once (14.3%) or several times (38.1%).
Asked what particular type of additional education was needed, they gave the following answers:
Table 6. Need for further education Types of education Number of % answers 1 Individual work 14 31.8 2 Team work 12 27.3 3 Experiences from other 16 36.4 countries 4 No need 2 4.5 Total 44 100.0 The answers given clearly show that the needs are concentrated in three fields essential to the process of re-education, which, due to the new phenomenological characteristics of the criminal acts, and changing educational values of the minors and socio-economic problems of the families, require new approaches and methods by professional staff.
Within this context, the need for introducing and applying new and more effective contents was also emphasized, especially the experience of countries with a longer tradition in treating such problems. Undoubtedly, without refreshing professional knowledge to meet practical requirement, implementation of educational measures and work with juveniles will be reduced to routine, without any innovation or bigger professional ambitions.
Based on the above mentioned, and despite the fact that some Centers for Social Services are lack all necessary professional, financial and technical conditions, the general view is that the majority of them do have at least some conditions, and the readiness to implement education measures that should prevent juveniles from engaging in criminal behavior.
3.1.2 Content and Methodology
Methods applied in the process of implementation of these educational measures are mainly divided into two types of responsibilities. The first ones are an attempt to find measures which will enable the juvenile to establish constructive cooperation with the environment and develop his own activities and interests (attending school, work involvement, taking advantage of free time, etc). The second ones are designed to take the juvenile away from any negative influences, by imposing certain bans and restrictions. Having in mind that all juvenile delinquents are of normal psycho-physical development in terms of their formation and socialization, the implementation of reinforced supervision measures resort to the same methods as those designed for the education of all young people in general. In cases, however, when criminal behavior is caused by deep personal changes, when they are reoccurring and becoming more intensive, then procedures and methods applied fall under the domain of professional institutions since it requires specific educational influences and approaches.
In implementing measures of reinforced supervision when the responsibility is in the hands of parents and/or guardians, they also receive help and support from the Center for
Social Services. Although many of the parents know and have their own attitude towards the behavior of their child, in view of the fact that the overall events in a given situation may render them confused, insecure, they often seek help from the professional staff at the Center. The question “How do parents or guardians of juvenile delinquents who implements measures of reinforced supervision look upon you”, received the following answers.
Table 7.Relationship parents/guardians – professional staff
Relationship parents – professional Number of % staff polled persons 1.As professionals who want to help 20 95.2 their children 2. vaguely 1 4.8 Total 21 100.0
The answers show that parents not only ask for help and advice, but they also trust professional workers at the Centers as people who want and can help their children.
Consequently, from the very beginning they cooperate with some professional staff members from the team or with the team as a whole, and maintain this cooperation until the end of the implementation of the measure. They also try to correct their attitude towards the juvenile, thus enhancing the process of re-socialization, and reporting regularly to the Center. When parents realize that the causes for their child’s negative behavior is the bad influence of their peers and the environment, they are convinced that they cannot do much and they turn for help to the Center, and in particular to the psychologist.
However, there are cases when parent are not capable of seeing their attitude towards the child objectively and critically, and look for the blame elsewhere. The important thing is that in both cases parents cooperate with the Center in the process of re-education of the juvenile. Despite the fact that parents accept the Center positively, there are indications of the need for change in the implementation of this measure. There is a statement: “the educational measure of reinforced supervision by parents and guardians is pro-forma, without any control over the way it is implemented, without any evaluation of its results, and without any regulated responsibility on the part of the parent”. The experience so far has shown this. Comments regarding the needs of the Centers also indicate that there is no program for implementation of this measure, which should be monitored i.e. its results evaluated. Within this context, the responsibility of the parent is required. This should be taken into consideration in the new legislation for implementation of the measure of reinforced supervision by parents/guardians.
In implementing this measure of reinforced supervision, in the case when the guardian is an organ, it is difficult to obtain the expected results concerning an individual, unless the real reasons and conditions are detected. In order to achieve this goal, the professional team at the Centers should have a program for this educational measure, as a legal requirement which provides for professional activities to be taken when working with the juvenile (direct treatment), as well as additional activities related to the family, school, environment and other (indirect treatment). The program designed by the professional staff at the Center should be submitted to the juvenile court judge for approval, as required by the Criminal Code. In practice however, this procedure is not currently applied. Consequently, the planned measures for implementation of reinforced supervision prepared by the Guardian Organ reach the
Center without being subjected to any evaluation or approval by the Juvenile Court.
Such programs as elaborated above are not prepared by all Centers, which can be seen by the following:
Tab. 8. Preparation of Programs for the Measure of Reinforced Supervision by a
Guardian Organ
Responses No. of Centers % 1 Prepares 13 86.6 2. Prepares on a periodical 2 6.7 basis 3. Does not prepare 1 6.7 Total 15 100.00
When designing the programs for the measure of reinforced supervision by the Guardian organ, and also through discussion with the professional engaged in the Centers, the aim is to secure individuality in re-socialization. The goal of a positive attitude towards work is considered to be a basic way of re-socialization, with the greatest impact on the life of the juvenile after the termination of the measures. The degree of acceptance of those responsibilities by the Centers largely depends on their personnel, technical and financial capacities.
The first major obstacles all Centers in the country face is their inability to find employment for the juveniles and to prepare them for an independent life. Giving the families some financial aid and other forms of support, under conditions when there are no funds for the implementation of the program, is not feasible, since it can lead the juvenile back on the road of crime.
The educational measures require optimal personal engagement of the juvenile and the efficient work of all those involved in the process. It is of special importance that the juvenile is actively cooperating with the professional whose duty is to implement the measures in the Center. The responses to the question “How do juveniles look upon you when implementing the measure” are the following:
Table 9 How juveniles look upon Center professionals
Types of experiences Number of % people polled 1.As people who want to help 14 66.7 2.As people who want to punish 1 4.8 3. As both 5 23.8 4. Other 1 4.8 Total: 21 100.0
Even though the majority of the answers by juveniles about the professional staff is positive, the number of juveniles who express a negative stand is not to be neglected – it means that one cannot count on their readiness for cooperation and consequently there will be no positive results from the implementation of the measure. This is also confirmed by the Centers, where juveniles do not visit regularly i.e. they do not respond when called by the Guardian organ (Strumica, Sveti Nikole, Kumanovo). This is a critical aspect of successful re-socialization of juvenile delinquents and it should receive the special attention of the professional staff at the Centers. Bearing in mind the complexity of the implementation of this measure, which requires knowledge as well as maximum responsibility of the professional staff, the new legislation for juveniles provides for negative points, even termination of work in the category of juvenile delinquents, when the treatment proves unsuccessful. In order to achieve this, it is necessary for the Centers to ensure constant control over the implementation of the educational measure. Although this is provided for by law, it has not been implemented for more than 10 years.
According to the methodology of the Guardian organ, the implementation of measures for reinforced supervision, professional work with juveniles should be done on an individual basis, it should be complex and diverse. Its systematization depends on the personal, environmental and criminal characteristics and needs of the juvenile. They can be differentiated as44:
Identification of the problem contributing to delinquent behavior of the juvenile
Solutions for the conflict of interests, aims and priorities needs of the juvenile
Social activities and implementation of programs designed in accordance with
legal requirements.
The above mentioned indicates that the work of the Center on the implementation of reinforced supervision measures by the Guardian Organ consists of several roles: to provide information, to induce changes in approaches and re-education collaboration and communication. In practice, in most Centers in Macedonia the role of information is predominant – juveniles are informed about the imposed measure and the expectations from them. Efforts have been made to establish contacts with the juvenile by his coming to the Center and to provide information about the professional appointed to monitor
44 LJ. Coneva, Ulogata na Centarot za socijalna rabota vo otkrivaweto, sledeweto i preveniraweto na maloletni~kata delikvencija, vo Maloletni~ka delikvencija, preventiven akcionen plan za R.M. Kavadarci,2000 god, p.86. progress, changes in the family, etc. What is lacking and is considered a serious drawback are the concrete aspects of the re-educational process. In support of this statement is the fact that 33% of the juveniles covered by this project have received non- institutional measures for the second time.
In executing the measure by the custody organ, the Centers are instructed to use educational, sporting, communication and resources for aid and collaboration which are available in the community in accordance with the needs of the juvenile. These activities should encourage juveniles to maintain their self-respect and responsibility; at the same time, they should help the team in executing the measure. As to the question which volunteers use activities and services, the following answers were received:
Tab.10. Participation of volunteers in execution of measures. Volunteers Responses % 1. Relatives 9 25.0 2.Teachers-pedagogues 10 27.8 3. Students 1 2.8 4.Sports workers 2 5.6 5. NGO 4 11.1 6.Do not use 10 27.8 Total 36 100.0
Apart from these answers we couldn’t come to any other concrete data about these activities, but it is a general feeling that they are not developed enough, and should receive more affirmation. In the future, legal solutions to juvenile justice related activities should include some rewards or acknowledgements for volunteers in order to stimulate their interest and sensibility in extending their help in the re-educational process of juveniles.
Based on the insufficient analysis on execution of measures of reinforced supervision of juveniles, one can conclude that in Macedonia there is a sufficiently well developed concept for realization of this task, but in practice it has been accompanied by a number of drawbacks, subjective and objective. Since all concrete suggestions have been incorporated in the text, we are not going to reiterate them here. However, it has been a general feeling that under present working conditions, the Center for Social Services can achieve much better results in this field by changing many elements in concept and content, the methodological approach, organization of work, but also the evaluation and attitude of the social community.
4. Institutional educational measures
These measures are carried out in educational institutions and educational homes for juveniles who have broken the law, but did not receive non-institutional re-education and protection measures. This is due to the understanding that the nature of their delinquent behavior, as well as other etiological factors are such that institutions would be better suited for the juveniles. However, it is wrong to believe that juveniles receive treatments in homes only when measures in an “open environment” are ineffective; since there are juveniles with personal characteristics whose re-socialization is impossible without placement in a home. In fact, for this category of juveniles, home measures come as the last resort of education.
Many authors working on issues related to institutional measures are oriented towards the need of individual treatment in homes, free from strict norms and limitations.
Differences, however, emerge as to the question to what extent educational and protection in homes resembles family upbringing. According to Otto Vihfer, juveniles in institutions go through all relevant functions essential for the development of a young person, which by rule, can be experienced only in a real family.45 Consequently, in these
45 O. Vilfert:Odgojni domovi, jucer, danas i sutra, Beograd, 1981, p.8. institutions juveniles must feel protected, secure, helped, understood, but personally responsible as well, and ready to share mutual success and care about themselves.
It seems that in Macedonia there is not clear concept about the kind of institutions for institutional treatment of juvenile delinquents46. In practice, in view of the programming and development of these institutions there seem to exist different approaches to their status, internal organization and criteria for dealing with juveniles. Consequently, there is non-uniformity and inefficiency in the implementation of the treatment.
In Macedonia, the Correctional Home measures for juvenile delinquents are implemented in an open type correctional facility “Ranka Milanovik” in Skopje, the Correctional
Home in Tetovo, which is semi-open, and the juvenile prison in Ohrid.
In order to determine more adequately the efficiency of these institutions in the implementation of the measures, it is necessary to briefly describe their position, organization and profile.
4.1 House of Corrections “Ranka Milanovik” belongs to the institutional system of social protection. It has been set up to carry out the educational measures “referred to an educational institution”.. It functions as an institution that houses children and adolescents with educational-social problems and deviant behavior. 47 It can house up to
60 juveniles, males aged 10-18. At the moment there are 35 juveniles at the Home, of which 5 have educational measures, and the rest are sent there by the Center for Social
Services. The number of juveniles who have received educational measures for a period of two years is two, while the others have a one-year long measure. The Facility cares for, provides and organizes the measures and activities for primary education of the 46 There are two institutions in Macedonia that accept, protect and re-socialize juvenile delinquents:"Ranka Milanovik"-Skopje and "25 Maj"-Skopje 47 Law on Social Protection (Official gazette of the Republic of Macedonia no..50/97) art.. 77. juveniles, while high school education is provided in educational institution outside the facility.
The process of re-education, psycho-social treatment and education in the in-house primary school is carried out by three supervisors, one pedagogue, one psychologist, one social worker, and ten teachers, four of which come form other elementary schools. The educational process is organized in groups; each juvenile has an individual program, while monitoring and evaluation is done by an expert team (group supervisor, psychologist, pedagogue and social worker). There is no organized vocational training, except some engagement of economic nature, depending on the interest of the juvenile.
The Central Registrar’s office is the point of entrance in the Facility, because the Court decision on educational measures and other documentation of the juvenile is placed there.
During the stay in the Facility, they inquire, some more, some less, about the needs of the juvenile and his communication with his family. Conversely, the employees say that the juvenile judges have no idea what the facility is like, they do not follow the re- socialization of juveniles except through the official reports they receive every six months. There are even cases when judges pass the measure of reinforced supervision for some violation, even as the juvenile is in the facility.
Under the present conditions, the general question raised is about the perspectives of this correctional facility – how to develop and satisfy the need for individualized/differentiated treatment of juveniles that have received such measures. On the other hand, we have to consider the circumstances of mixing together juveniles with different degree of delinquent behavior, such as those which the center has found necessary to house somewhere, such as vagrants, small theft offenders and so forth. It is worth mentioning in this context that the majority of Centers in the Republic of
Macedonia are rather skeptical about the organization and results of re-socialization of juveniles in this facility, and for the same reasons, judges rarely resort to it. Supporting indicators are frequent escapes, new offences. The institution does not offer organized forms of vocational or professional training to prepare the juveniles for a new life, which is indispensable in deterring them from the paths of crime. Implementation of this educational measure as designed by the “Ranka Milanovik” house of corrections is not sufficiently useful, it is very expensive for the state, as well as irrational, since it does not achieve the aims set out in the Criminal Code.
4.2 The House of Corrections, according to the established classification in other counties and in Macedonia, is a mixed type of facility (open, semi-open and closed sections). Up until 2001 is was situated in Tetovo, but because of the armed conflict, it was dislocated to the Skopje prison. It houses 20 juveniles who have received an institutional measure, the majority of them for a period of two years. The staff consists of 6 supervisors, one pedagogue, one psychologist, once social worker and six professional instructors.
There is an individual program for each juvenile, as well as internal education based on a program for adult education, attended by 13 juveniles. Two are being educated as part time students in a high school. The House of Corrections organizes and trains juveniles in skills such as cooking, carpentry, painting, upholstery, economic or some cultural activities.
According to the experience of the staff, the difficulties encountered in implementing the measures are: lack of family upbringing, a disrupted system of values, no work habits, drug addictions, vagrancy, escape attempts and new offences. The staff has given some thought and suggestions about changes in the legal regulations that can contribute to improving the system in the facility. These include: lowering the age when juveniles are taken as responsible; re-examining and improving measures of upbringing; treatment of drug addicts in hospitals, training of personnel for treating juvenile drug addicts and helping them deal with circumstances of the new environment.
In practice, there have been different views about the organization of these institutions and the criteria for placing juveniles in them. According to many, the treatment is inefficient. These institutions are, more or less, separated and isolated from the local and social environment of the juvenile. They house a selected number of juveniles, provide living conditions and rules of behavior, as well as re-education that simplifies the experiences of these minors to a very minimum, thus hampering their future social integration. The programs for implementation of the measures should use mechanism for positive group activities among peers, in the neighborhood, youth centers, schools etc.
These activities offer juveniles an extraordinary experience of being accepted by their peers, and at the same time, they offer them possibilities to engage and learn about things they are interested in.
Contrary to what has been said so far, our everyday practice shows that the institutional measures are applied according to the re-educational measures of the past. It implies the use of methods typical of the traditional values “be quiet and obedient”. As for the preparation of juveniles for outside life, by giving them the proper skills, the approach is still the old one, without taking into consideration the applicability of those skills today, while in some institutions, such activities are non-existent. The result is a high percentage (42.5%) of juvenile repeaters. 5. Evaluation of the Implementation of the Measures
The effects of the implementation of educational measures and re-socialization are often followed directly, based on indicators which are not always precisely determined. The incentive for monitoring the results of the measures starts from the Center for Social
Services, from the housing institution and the House of Correction to inform regularly the juvenile judge about the progress of the juvenile and his family.
From juvenile records, it is obvious that these institutions inform the court regularly, through written reports submitted within a given deadline. However, the frequency and dynamics of follow up activities to the results is slow and it does not allow any changes or early termination of the measure. This implies that reporting on the results of the institutional and non-institutional measures don’t serve the function of accommodating possible changes in the plan for treatment and staff activities responsible for the treatment of the juvenile. In a situation like this, flexibility in terminating or changing the measure has an effect. In many cases, initiatives by juveniles, their parents or the court play a decisive role in engaging the Custody organ and already planned activity. In other cases however, these same factors can be an impediment to implementing the educational measures.
On the issue of following effects, it should be mentioned that there is no clear methodology or criteria for determining success in implementing educational measures.
However, it is also true, whether we like to admit it or not, that in practice the communication among sectors is very slow and closed, and often, without any particular reason, duties are transferred. Insufficient communication and coordination of activities among relevant subjects result in recidivism and failure to protect juveniles. Experts from the Center for Social Services have expressed a very high degree of collaboration with juvenile judges (90.4%). Still, we believe that judges should be more active and participate in implementing educational measures. Moreover, many juvenile judges in
Macedonia are engaged in other court cases, or preside over courts which affect the work in this particular field. Based on the experience of other countries where the system of juvenile protection and treatment has given significant results, setting up a Juvenile Court is one of the priorities of the judicial system in Macedonia.
Notwithstanding all mentioned problem, the social security institutions and the judiciary have collaborated successfully for year, and have achieved good results in implementing educational measures and eliminating criminality among juveniles. There is the responsibility to constantly move forward in realizing the common goal for a comprehensive and good quality care for the young. The aim of presenting the problems and comments on what is being done has one and only goal - to solve them efficiently, but there is always the danger of doing injustice to those who enthusiastically and consistently carry out their duties. This research takes into consideration the major tendencies and examples and can contribute to re-examining the current practice and eliminate certain contradictions, problems and drawback. Roughly, they can be divided into external and inter-institutional. The former refers to the social conditions for inclusion of juveniles into the environment and their employment; the latter refers to institutions which implement educational measures. This matter has been elaborated in detail. At the same time, one cannot disregard the examples of organized and successful teamwork in this field. In should be added that improvement of the care for juvenile delinquents should be constantly followed and studied; according the origin of their behavior, they are the most vulnerable group of young people. In a situation of crisis, this task becomes even more relevant – in order to achieve the highest possible effects in re-education a considerable number of juveniles with less financial resources. Mr Marijana Handziska
Part IV
The Effects of the Parent-Child Relationship on the Effectiveness of the Measure of Reinforced Supervision by a Parent, Guardian or Adoptive Parent with Juvenile Delinquents age 14-18
The role of the parent does not imply that he should be a policeman, clergyman, judge, even a perfect parent, but a careful guide through life, full of love. Parents trace the live of their child, helping them become stable adults with integrity. (Brooks, 1987, 134)
1) Introduction
a) The aim of this research is to determine the effectiveness of the measure reinforced supervision by a parent, guardian or adoptive parents in children age 14-18.
The measure is carried out by the parent who is legally responsible to re-educate the child so that the child behaves in a socially accepted manner and is able to integrate into his/her living environment. This requirement, based on the law, is contradictory for the parents.
Why? Firstly, because their child has been labeled as a juvenile delinquent which implies that the parent has failed; secondly, parents are required to lead the child on the right road, i.e. to do something different than what they did before. Formulated in this way, the problems requires separate observations in the following segments:
i) What are the psycho-social characteristics of developing adolescents aged 14-
18.
ii) What is parenthood, what are the specifics of the parenting process during
adolescence and, based on these two segments iii) What is the quality of their mutual interaction.
b) Theoretical Background.
i) Characteristics of Adolescent Development (age 14-18)
Adolescence is a period which starts at the age of 12-14; it is a transitional period
between the worlds of childhood and adulthood. This period of development
depends on individual characteristics, but also on social factors. In
technologically developed societies, the period when adolescence ends is
prolonged to the continuous process of education and fewer employment
opportunities. These societies demonstrate an imbalance between biological and
socio-economic maturity. Biologically, adolescents are capable of leaving their
parents’ home, but economically, they are not in a position to start their own life
independently from their parents.
Table 1. Development characteristics of the adolescent period a) family b)Moral v) Personality g) d)Socio- development Cognition emotional development Characteristics of Conventional Establishment of Formal Importance of the development stadium of moral personal identity operations belonging to a of parent-child development and autonomy group; relationship conformism Egocentric self- Sexual activity experience
a) The aspects of family through the prism of adolescence
Adolescents go through intensive physical and psychological
development; genitals develop fully and adolescents become sexually active. Unwanted pregnancies and formation of own families is a
possibility.
One of the most important tasks during adolescence is the formation of a
personal identity that is different from the identity of their parents. It is a
fact that many adolescents do not want to admit that they resemble their
parents, but in so many ways their personal identity is connected to that of
their parents. Adolescents differ from their parents by the way they dress,
behave, by their preference of music, etc. Yet, at the same time they are
more prone to accept the moral, social and political vies of their parents
than those expressed by their peers.
Parent-Child Conflict. Adolescents and parents face conflicts that can
cause dissatisfaction on both sides. Notwithstanding the primary ties,
filled with parental care and love, adolescent demonstrate antagonistic and
ambivalent relations with their parents. Where does this conflict come
from. As teenagers, they become more independent, demanding more
privileges and freedoms. They don’t feel the need to answer for their
behavior. With the newly acquired freedom they enjoy, they do not have
limits as to how far they should go – which is one of the basic prerequisite
for a healthy person. Parents, on the other hand, are not always in a
position and able to set these limits, (it depends of the individual and
personal capacity), which is particularly visible in times of crisis. b) Characteristics of the moral development of adolescents. According to Colberg, adolescents go from conventional to post-conventional
morality. The conventional morality is characterized by the desire to maintain
harmonious inter-personal relations, respect for the existing formal rules, the law
and social standards. The post-conventional morality is based on accepting social
covenant, democratic principles, as well as the basic principles of human rights.
During the period of adolescence, there is a need for respect of strictly established
rules in which they believe; that is why very often young people become
members of various sects. c) Personal characteristics. According to Ericsson, psycho-social development
during the period of adolescence results in stability of the identity and achieves its
own autonomy. Unless the individual defines his own identity, it results in
identity confusion. Ericsson, emphasis that if an individual is to maintain a
certain course, previously he has to examine the extremes of various forms of
behavior. For some adolescents, this period is accompanied by a feeling of doubt
in their abilities, they avoid taking any responsibility and first signs of social
anxiety appear. The more self confidence the adolescents gain, the more they
believe in their own decisions and judgments.
The main characteristic of this period is the development of the ego identity (i.e. self perception development of the sense of himself). It implies a sense of wholeness, personal continuity, as well as a feeling of mutual ties with others).
Adolescent egocentrism is secondary. Adolescent believe that the other people are preoccupied with their behavior, thoughts and feelings, the same way they are preoccupied with themselves. Adolescents, very often, have a feeling of being
special and unique, closely connected to the feeling of being fearless and immortal.
d. Cognitive development. Adolescent start to think at the level of abstractions and
set hypothesis. During this period appears the so called adolescent idealism. This
type of idealism enables adolescents to think abstractly, in categories such as ideal
family, ideal partner, ideal society. According to them, the ideal society, respects
individual human needs and with this they can raise their voice against
curtailments against homosexual rights, globalization, etc.
e. Social – emotional development. Adolescents need to belong to a group.
Friendship and belonging are very important to the social life of adolescents.
They prefer to spend much of their time out of the house in company of their
friends. If the adolescent goes through an identity crisis, he is likely to melt his
opinion with that of the crowd, thus becoming an obedient executor of group
demands (especially the demands of the leader), i.e. he conforms to the group.
ii) What is parenthood?
Parenthood is a continuous process of interaction between the parent and the child; a process in which both children and parents undergo mutual changes. Parenthood implies three main tasks: care, protection and guidance in life.
Ties between parents and children are complex and unique in each individual pair parent- child. In the parent-child relationship, the parent translates his own experience (as a child who had certain relations with his parent), but also as an adult with his own attitudes and beliefs of what a parent should be. On the other hand, the child enters this relation with his own biological potential which he develops in conciliations of the family environment, i.e. certain quality of the parent-child relation.
(1) What do adults expect from themselves as parents?
a) Parents believe that if they love their children enough – the children will never
experience any problems. However, problems keep coming and then parents are
not sure what they are supposed to do. Accepting his child as he is, the parents
secures the basic prerequisite for a healthy psycho-physical development of the
child, but it is also important to note that love should be transformed into sensitive
care, which should be flexible, depending on the period of the child’s development.
When they are babies, children need constant care, later as adolescents they need
more space, to make their own choices and to make their own decisions.
b) Parents cherish the idea that if they spend enough time with their children
exchanging emotions, thoughts and life experiences, the children will have an
unhampered development. It also happens very often that parents have unrealistic
expectations, the needs of the children come first, theirs come last. Problems of
parents usually come when they are confronted with the fact that parenthood is a
constant role which requires more energy than any other social role. Only then the
parent find himself in discrepancy with his previous expectations of the role of
parent and the real needs of an adult.
c) Other expectations of parents include not making the mistakes their parents had
made, i.e. to correct the parent-child relationship, that the adult experienced when
he was a child. Thus, the adult tries to establish a new parent-child relation, in which he now has the role of the parent. This is a positive tendency since it enable
the decernment of the positive aspects of parent-child relations.
What do parents expect from their children?
Some parents expect that their children will become the same as them, whereas
others expect their children to be different from them. When this is not going to
happen (one way or another), the parents are surprised and disappointed in their
children.
Some parents expect that their children will always be docile and obedient. When the child complains and protests against the parents’ wishes – they sanction his behavior.
Parents like these, expect to be controllers of the child’s behavior, but also to control their thoughts and emotions. Such behavior on the part of the parents affects and limits the responsibility that the child assumes for his own reactions and behavior.
Anther type of expectations that parents cherish is that the child will understand and respect the sacrifices that they have made form him. Parents need to know that the child respect their efforts, not because of gratitude, but because of the importance of their actions in future. The child, by his nature, is not capable of understanding the sacrifices of his parents, because he has no experience at being an adult and a parent.
Many parents curtail their own needs in order to meet the needs of their children and in return they expect that the children will understand and respect these sacrifices. What happens when the relation parent-child does not fit into the parents’ expectations of what their child should be like, i.e. what he should become?
If this happens, parent become frustrated with feelings of guilt. In this case, the parents reexamine themselves, trying to find out the mistakes of their actions, but at the same time, they re-examine their child; is there a possibility that the guilt may be in the child, how this happened, and what is it worth trying to bring the child back on the right track. In order for the relation parent-child to function, it is inevitable that parents and children maintain mutual relaxed communication.
What has been said so far relates to parenthood in general. What follows are some specific characteristics typical for the relations parent-child during the period of adolescence. Adolescents wish their parents to trust them, to be gentle, to protect them, but not to overprotect. Children also want to have fun together. They do not wish to be ordered around without an explanation of what is wanted from them, they don’t like preaching of the type: “When I was your age….” They also do not approve of the bad habits of their parents, such as hypocrisy, cheating, alcoholism, etc. Adolescents have other fears related to their parents’ behavior: they do not want their privacy to be disturbed, such as when their parents enter their room without consent, eavesdrop on their conversations, especially when parents insist to know where they have been, who with, what they have been doing, etc.
What does the family mean to adolescents? To them, it is a place where they can rest and regenerate. Generally, they have positive emotions towards their home, unless their parents’ ideas of control make the home where the adolescent would rather not stay. Researches have shown that adolescents who spend much time with their family are likely to develop a more intensive sense of self control and are much more successful in carrying out their school duties and obligations
During the period of adolescence, children become more independent and they demand more privileges, less responsibilities. There are more and more adolescents that behave differently than their parents when they were adolescents; for example: staying out late,
consuming alcohol, even drugs, early sexual relations, etc. Such behavior is
unacceptable for the parent and if they adamantly object to it, the adolescents may run
away from home.
The role of the parent is particularly difficult and specific when it comes to a child –
adolescent. The parent is expected to balance between granting freedom of choice, but
also setting limits of unacceptable behavior.
Apart from the complexity of the parental role, adults have their own personal
dilemmas and crises. The age of the parent of an adolescent is 40 to 65, a middle age
when it is possible for the parents to show signs of dissatisfaction over their
professional or intimate life. Frustration is particularly acute with parents, who, due to
some social disruptions have lost their jobs, or don’t have enough money to satisfy the
needs of the family. Such frustrations deepen the gap between parents and children
even more. The feeling of the parent of not being able to realize himself and his
inferiority affects the process of individualization and self-acceptance of adolescents.
What follows is a graphic presentation of the influences of various factors on the quality of the parent-child relation. Graph .1. Factors that determine the quality of the parent-child relationship
The broader social environment (economic and political situation, security and legal system, a desirable system of values and moral judgment.
Peers
School
Child Article I. Parent (adolescent aged 14-18) -personal characteristics
-personal characteristics of the adolescent period -views on parenthood
Parent – child relationship This system is open to mutual exchange of emotion, view, values. If the two segments of the system have open border, there is exchange. If the system is rid the communication between the two segments is only one way. Graph 1 gives a schematic view of the impact of the various factors that determine the
quality of parent-child relationships. As one can see from the graph, in addition to
the personal factors, the relationship parent-child is also influenced by social factors,
such as the broader social environment, school and peers. In addition to the direct
influence, the social context also has in indirect impact through school and peers.
II Method
Polling Sample
The research uses a sample of 30 people, all parents of minors (aged 14-18) who were issued the measure of reinforced parental supervision. 18 of them are from Skopje, while
12 from Kumanovo. The sample of the parents was selected by the organs for social services and protection, based on the measure issued to the minors.
Procedure
The centers for social services sent out a written invitation to the parents and their children to come to the premises of the Center within a given day and time. The research included the parents that responded to the invitation.
The research was conducted individually and in groups, depending on the given conditions. The parents who could read filled out the measurement instruments, while the other had the pollster read out the questions and mark their responses.
3 Measurement instruments
The instrument used to measuring the position of the parents towards their children is the
SCALE FOR THE ASSESSMENT OF THE PARENT’S JUDGMENT REGARDING A
PARTICULAR CHILD. This scale was constructed and developed by Itkin in 1952. This scale contains 35 questions. The first 18 questions are of the Ikerty type (the questions are given in the form of statements, and respondent state their agreement with the statement on a scale from one to five). Questions 15-23 are multiple choice questions. Questions 24-35 were adapted to the needs of the research– the five choices were reduced to three. The responses to these questions that pertain to the personal characteristics of the child were simplified because of the low level of education of the respondents.
Assessment of the Scale: for items 1- 18 a score 5 is given to fully agree, for the positive statements and to fully disagree for the negative statements, while the points for the other items are given in the Key. The total score is calculated as the sum of all points. The higher the score on the test, the more positive is the attitude of the parent towards the child. b. General neurotic tendencies (without specifying the type of neurosis) was measured by the STAI 2 test.
The test has 20 items. The original test has a total of 40 items, and is in two parts: STAI
1 and STAI 2, divided into 20 items each.
STAI 1 contains items that measure the reactions of individuals under the present conditions and is usually given after a concrete stressful experience. STAI 2 is given for assessing the habitual feelings of the respondent.
Every item describes a particular psychological state, and the respondent responds if they have felt that way: NEVER, SOMETIMES, RARELY, or ALWAYS. The responses are evaluated with a score from 0-3 and higher scores indicate a state of physic unrest and anxiety. IV PRESENTATION AND DISCUSSION OF THE RESULTS
The method used in analyzing the date is factor analysis. This method is used in order to reduce the large number of variables to a smaller number of factors, based on the original variable that have the highest level of correlation calculated according to the principle component factor. The factor analysis is a matrix of inter-correlation of all variables from both measurement instruments. One remark: correlation between the two variables does not give a cause and effect relationship, but relationships between the two variables that is conditioned by the factors that impact each of the two variables. Factoring analysis allows the identification of these factors. Factoring analysis is comprised of the following steps a) creating a battery of tests for the respondents b) forming a correlation matrix on the basis of the intercorrelation established between the variables in the tests c) mathematical separation/extraction of the factors from the correlation matrix and d) definition, identification and psychological interpretation of the factors on the basis of the characteristics of the measurement instrument.
By using this statistical procedure 13 factors were extracted from a total of 43 variables
(20 from STAI 2 and 23 from the scale of the judgments of parents about their children).
The data shows that with the exception of the first factor and to a smaller extent the second factor, many of the items show a smaller correlation that can be taken as a good indicator. On the basis of this method of data analysis, the power of explaining the variants in all 13 factors is 85.82%. From the table 2 listed below, we can see that 27.55
% goes to the first factors, while all the other factors have a lesser role in explaining the given situation. (i) Table 2 Number of factors and their relative significance factors 1 2 3 4 5 6 7 8 9 10 11 12 13 % of 27. 9.3 7.7 6.1 5.5 4.7 4.6 4.4 3.9 3.2 3.0 2.8 2.6 variance 55 6 8 8 0 1 1 2 6 5 0 6 3
The following table is a presentation of the presence of individuals’ variable in the
dominant factor
(ii)
(iii) Table. 3 Presence of variables in the dominant factor
Variables Factor 1 I often think I have had it with this child. 0.860 The child doesn’t show enough respect for his parents 0.854 This child gets on my nerves 0.795 I am a little bit disappointed in this child 0.748 I have always had trouble controlling this child. 0.717 One moment I am very nice to this child, the next I treat him badly 0.713 I am very satisfied with the child 0.706 I am able to get come to excellent terms with this child 0.673 This child is a big expense for the family 0.644 I feel nervous and anxious -0.631 This child complains that a lot of things bother him 0.611 A random thought is on my mind -0.607 This child doesn’t respect the sacrifices his parents have made for him 0.600 This child does not show respect for his parents 0.572 This child expects a lot of allowances to be made for him 0.558 I feel good -0.543 Disappointments affect me -0.541 This child is just as I expected he would be 0.535 I am very proud of this child 0.533 I get disquieting thoughts -0.524 I feel like a failed person -0.520 I feel tranquil, calm and collected -0.518 1. The first factor extracted through the factoring analysis has the largest percentage in
explaining how the parent perceives the juvenile delinquent. The perception towards their
own children is determined by the behavior of the parents towards their children,
established by the direction and intensity of their reactions. As one can see from the
variable that determine the dominant factor, the following can be concluded: the
perception of the parent that he is not respected is closely related to his perception and
experiencing oneself as nervous and anxious, with obsessive and disquieting thoughts.
2. In addition to the statistical procedure of factoring analysis, the correlation coefficient
between the two sum scores of the two instruments is calculated. A standard type of
correlation coefficient is used, i.e. the Pearson coefficient or product moment correlation
coefficient. The obtained coefficient is -0.46 (p=0.46). This coefficient shows a negative
relation between the two variables; i.e. when the value of the scores of one test increases,
the scores of the other test decrease and vice versa. In this research, this means that the
higher the level of neurosis among the parents, the lower the positive subjective
perception for their own child and vice versa; the higher the subjective perception of their
child the lower the scores of the test for neurosis.
3. This segment follows the correlations between the variables of one instrument, as
well as between the two instruments.
3.1. Correlation between the STAI 2 variables
Table 4 Internal correlation between the variables of STAI-2 (neurosis test)
Variables I feel satisfied I am tranquil I am I am a I feel safe with myself and collected happy stable person I feel good r=0.72 r=0.62 r=0.62 r=0.55 r=0.49 I feel like a Disappointment Variables failed man s affect me... I feel r=0.61 r=0.57 nervous
The table clearly shows that a certain set of variables appear together and are positively
interrelated. Thus, one can say that if respondents feel happy with themselves, they will
be calm and collected, they will feel happy and safe and will experience themselves as
stable persons.
If the respondents feel nervous and anxious, then this feeling will be accompanied by the
following feelings: they will feel like failed individuals, and the disappointments will
affect them so much that they will not be able to deal with them.
3.2 Correlation between the variables in the scale of the parents’ judgment of their
children
The child doesn’t show enough respect 1) Variables for his parents One moment I am very nice to this child, r=0.57 the next I am treat him badly .This child doesn’t respect the sacrifices r=o.47 his parents have made for him This child complains that a lot of things r=0.53 bother him This child does not show respect for his r=0.58 parents I often had it with this kid. r=o.59 This child is a big expense for the family r=0.45 This child gets on my nerves r=0.62 This child was problematic while he was 2) Variables growing up I have always had trouble controlling this r=0.62 child. I am very proud of this child 3) Variable I am very satisfied with the child r=0.60
The table shows the relationship between the variables of the scale for the parents’
judgment of their child, clearly shows a cluster of variables that appear together and
determine a certain kind of behavior. If parents feel that their child does not respect
them, than they act inconsistently, and at the same time irrespective of the child’s
behavior; then parents’ think that the children are a cost to the family, that they often get
on their nerves and they see them as always complaining about things.
At the same time, there are two other variables that appear together: one that pertains to
the perception of the parents of their children as problematic when they were growing up,
and the other that pertains to how problematic the parents found the children to control.
There is mutual correlation also between the positive aspects of perception: if the parents
are proud of their children than they will be very satisfied with their children.
There is correlation between the variables that show an ambivalent attitude of the parents
towards their children. For example, the variable I am very proud of this child has a
positive correlation of p.0.58 with the variable I am somewhat disappointed in this child.
3.3. Correlation between the two tests. The correlation matrix between the two tests
provides the following data: if the parents feel more nervous and anxious (STAI 2
variable) then the variable score rises: at one moment I am good and at the other I am bad
towards this child (variable from the Scale for assessment of an individual child) The
correlation is p. 0.62. This example of correlation between the variables between the two instruments speaks in
favor of the view that the internal psychological state of the parents and the way they feel
about themselves impact their perception of their children.
4. Perception of the parent pertaining to the characteristics of the child’s personality
Table 6. Personality traits of individual children according to the judgment of their parents. Variables Responses No opinion Yes No Selfish 2 28 Ready to help others 28 2 Sensitive 29 1 Attentive 3 24 3 Courteous 26 4 Respectful of others 28 2 Obeying 3 24 3 Often agrees with the 3 8 19 opinion of others Lazy 3 4 23 Caring 1 28 1 Dependent on others 3 5 22 Reasonable 2 25 3
Table 6 shows the responses to 12 questions, 24-35 from the Scale of the judgment of
parents on individual children. The questions inquire which characteristics parents
prescribe to their children. The results show that mainly, parents portray their children as
almost “ideal”. They are unselfish, ready to help others, sensitive, careful, polite,
respectful of others, obeying, not lazy, attentive, reasonable, relatively independent of
others. The reasons for this, I would say, unrealistic ideal picture is probably the need of
parents to protect their children from external factors, in this case from the responsible
services, which re-assess the behavior and the personality of the juvenile delinquent. A
non ideal child will mean non-ideal parents. GOAL AND JUSTIFICATION OF THE STUDY
This study had as a goal to analyze the relationships between parent and child through the prism of the parent’s perception of the individual child.
Why is it important to identify and analyze the parent’s perception of an individual child?
First, because the focus of interest of this study is to determine the efficacy of the measure reinforce parental supervision and second, in order to detect possible ways of improving the relationship parent-child. Improving the parent –child relationship could facilitate a more adequate guidance of the child’s development and inclusion of juvenile delinquent in the “normal” streams of social activities.
The results emphasize three aspects:
1. As a result, consequence of the behavior of their child, who in this case has been punished by law, the parents feel frustrated and guilty and perceive themselves as unsuccessful parents.
2. The parents see the actions of their child as disrespectful of their efforts to try to make a better life for the child. They have failed expectations of their child’s respect. As a result, it may happen that parents prescribe the responsibility of their child actions to the character trait of the child, to the friends they keep company with, or to the overall socio- economic situation (broader socio-economic factor)
3. The parents show a primary positive connection with their child and the need to protect the child from unfavorable social consequences for his behavior.
Final Conclusions, Guidelines and Recommendations The problem of the juvenile is also the problem of the family. He is part of the family home, who disrupts the established balance in the family system with his objectionable behavior. Just as each system has the tendency to try to get back into its primary position, so the family seeks to maintain its balance and to prevent its demise. In order to regain its original position of balance, the system can react in two ways:
1. to reject(eliminate) the member who has caused the misbalance. By rejecting
(eliminating) the member of the system, the rest of the family members purge
themselves of the responsibility, completely throwing it over to the renegade.
2. to keep the member integrated within the family, but to re-examine the
functioning of the whole system and to change its views, habits and ways of
mutual communication.
The family, as a system that is attempting to survive, feels the need for outside influence.
This factor can have an impact on all constituting segments of the system, i.e. it will have an impact on the parents and the children, as well as their mutual relationship, bearing in mind the social context in which this system exists.
How do outside factors exert an influence?
1. It can exert its influence on the parents – by building a positive picture of
themselves and by encouraging the feeling of competent parents. Also, parents
should learn new skills and strategies for communicating with their children.
2. work with juvenile delinquents. Programs for intervention for adolescent should
be aimed at stimulating the process of individualization and personal autonomy,
by taking responsibility for their own actions. The most efficient way to influence parents and children is through support groups (led by professionally trained persons) comprising of members that share the same problem.
In other words, parents will be part of a group of parents that have juvenile delinquents as children, and the children will be in a group of other juvenile delinquents. In addition, there is also need to intervene by working with each family individually (individual therapy).
Summary
This study will have practical and applicable value if it facilitates the understanding of the need for an idiographic (individual) approach to the process of recognition and treatment of the problem of juvenile delinquency. This approach can help establish the relevant factors that led to such deviant behavior. This can facilitate the implementation of adequate measures of control and shaping of the offensive behavior. In addition to determining the unwanted, negative factors, the healthy and positive potentials for dealing with the problems of the minors will also be established, as well as the sources of positive support by the external environment where the juvenile will interact in future.
The idiographic approach takes into consideration three aspects: psychological, social and pedagogical by using different techniques (interviews, use of adequate tests). In the process of determining the source of the problem, all relevant agencies of socialization such as the family, school, peers have to be contacted.
In accordance with the established situation, adequate disciplinary and educational measures will have to implemented. For example, it is quite counterproductive to issue a measure of reinforced parental supervision or supervision of guardian, if it has been established that the family situation led to and developed such deviant behavior. In this case, the minor has to be “taken out” of the family context and placed into an institution or a foster home (where conditions exist for exerting a positive influence on the minor)
The idiographic approach will help establish the distinction between deviant behavior that is the result of an affect, and deviant behavior that is a habitual mode of behavior.
Bibliography
1.Gormly, A & Brodzinski,D. (1990) Lifespan human development Harcourt Brace
College Publishers
2.Brooks, J.B. (1987) The process of parenting(second edition).Mayfield Publishing
Company
3.Marvin, E.S. & Jack,M.W.(1967).Scales for the measurement of attitudes. Mc Graw-
Hill book company
4.Guilford,J.P(1968) Osnove psiholoske i pedagoske statistike. Savremena administracija. Beograd Annex 1
Parents’ assessment of the child.
Direction: You have in front of you a number of statements that solicit your opinion about the child you were called in for. Your task is to go through every statement and to provide your response. For each statement, you will provide only one response. Please circle the response.
1. I am very attached to this child I fully agree I agree I am not I don’t agree I fully disagree sure
2. The child doesn’t show enough respect for his parents I fully agree I agree I am not I don’t agree I fully disagree sure
3. I feel the child does not love me enough I fully agree I agree I am not I don’t agree I fully disagree sure
4.One moment I am very nice to this child, the next I treat him badly I fully agree I agree I am not I don’t agree I fully disagree sure
5. I love this child so much that it will be very hard for me to be away from him, even for a short time I fully agree I agree I am not I don’t agree I fully disagree sure
6. He was a problematic child while he was growing up I fully agree I agree I am not I don’t agree I fully disagree sure 7.This child doesn’t respect the sacrifices his parents have made for him I fully agree I agree I am not I don’t agree I fully disagree sure
8.I am very proud of this child I fully agree I agree I am not I don’t agree I fully disagree sure
9. This child complains that a lot of things bother him I fully agree I agree I am not I don’t agree I fully disagree sure
10. I am a little bit disappointed in this child I fully agree I agree I am not I don’t agree I fully disagree sure
11.I have always had trouble controlling this child. I fully agree I agree I am not I don’t agree I fully disagree sure
12.In my view, the child does not respect his parents sufficiently I fully agree I agree I am not I don’t agree I fully disagree sure
13. I often find that I have had it with this child. I fully agree I agree I am not I don’t agree I fully disagree sure
14.When I don’t see my child in front of me, I am always worried that something bad might happen to him I fully agree I agree I am not I don’t agree I fully disagree sure 15. This child expects a lot of allowances to be made for him I fully agree I agree I am not I don’t agree I fully disagree sure
16. This child is a big expense for the family I fully agree I agree I am not I don’t agree I fully disagree sure
17. This child is just as I hoped he would be I fully agree I agree I am not I don’t agree I fully disagree sure
18.I want to spend more time with this child I fully agree I agree I am not I don’t agree I fully disagree sure
Please circle the response that corresponds mostly to your opinion
19. I should have punished the child more when he was in elementary school a) Very frequently b)Frequently c)Sometimes d)Rarely e)Never
20. I get angry with this child... a) Very frequently b)Frequently c)Sometimes d)Rarely e)Never 21. I am able to get come to ------terms with this child a) Excellent b) Good a) Average a) Not so good e) Bad
22. This child gets on my nerves... a) Very frequently b)Frequently c)Sometimes d)Rarely e)Never
23. I am... c) Very satisfied with the child b) satisfied with the child b) partially satisfied with the child d) Dissatisfied with the child e) Very dissatisfied with the child
This is a list of personality traits of your child. Circle YES if you think that your child has that trait, and NO if he doesn’t. If you are not sure circle NO OPINION.
24. Selfish) a) YES b) NO c) NO opinion 25. Ready to help others a) YES b) NO c) NO opinion
26. Sensitive a) YES b) NO c) NO opinion
27. Attentive a) YES b) NO c) NO opinion
28.Courteous a) YES b) NO c) NO opinion
29. Respectful of others a) YES b) NO c) NO opinion
30. Obeying a) YES b) NO c) NO opinion
31. Often agrees with the opinion of others a) YES b) NO c) NO opinion
32. Lazy a) YES b) NO c) NO opinion
33. Caring a) YES b) NO c) NO opinion
34. Dependent on others a) YES b) NO c) NO opinion
35. Reasonable a) YES b) NO c) NO opinion
Appendix 2
Section 0.2 STAI-2
These are statements people use to describe themselves. Read every one of them and underline one qualification from the right column that most suitably explains how you USUALLY feel. There are no right or wrong answers. Underline the word which most
precisely describes your current situation. Do not dwell on any particular statement.
1.I feel good NEVER, SOMETIMES, OFTEN, ALWAYS 2.I feel nervous and anxious NEVER, SOMETIMES, OFTEN, ALWAYS 3. I feel satisfied with myself NEVER, SOMETIMES, OFTEN, ALWAYS 4. I would like to be as happy as others NEVER, SOMETIMES, OFTEN, ALWAYS seem to be 5. I feel like a failed person NEVER, SOMETIMES, OFTEN, ALWAYS 6.I feel rested NEVER, SOMETIMES, OFTEN, ALWAYS 7. I feel tranquil, calm and collected NEVER, SOMETIMES, OFTEN, ALWAYS 8. I feel my hardship is growing at such a NEVER, SOMETIMES, OFTEN, ALWAYS pace that I can’t cope anymore. 9. I worry too much about thing that are NEVER, SOMETIMES, OFTEN, ALWAYS not really important 10. I am happy NEVER, SOMETIMES, OFTEN, ALWAYS 11. I get disquieting thoughts NEVER, SOMETIMES, OFTEN, ALWAYS 12. I lack self-confidence NEVER, SOMETIMES, OFTEN, ALWAYS 13.I feel safe NEVER, SOMETIMES, OFTEN, ALWAYS 14. I reach decisions easily NEVER, SOMETIMES, OFTEN, ALWAYS 15. I feel like I don’t belong here NEVER, SOMETIMES, OFTEN, ALWAYS