Protection of Child Offenders at the Pre-Trial Process in Malaysia: Are We Doing Enough? (original) (raw)
Related papers
2012
This research proposal will first discuss the background of the research by highlighting the problems faced by the child offenders at the pre trial process in the juvenile justice system in Malaysia under the Child Act 2001 [hereinafter referred to as the "Child Act"].1 The proposal will then describe the research questions and research objectives which seek to critically examine the issues surrounding the pre trial process in the juvenile justice system under the Child Act in Malaysia and to propose recommendations. The proposal will then highlight the scope of the research and research methodology which will be employed in undertaking the research. It follows that the proposal will outline the foreseeable limitations of the research and describes the contributions that this research will make to the existing body of knowledge on juvenile justice system in Malaysia. Finally, this research will discuss critically the need for a revision of the Child Act…
The Rehabilitation Theory in Adjudicating Child Offenders and Its Application in Malaysia
Asian Social Science, 2013
Children who find themselves on the wrong side of the law must bear the legal consequences to ensure that they obey societal norms. The question is: what theory forms the legal basis for legal action against these troubled young offenders? Will the courts apply the deterrence theory by sentencing them to harsher punishments, or will they apply the rehabilitation theory by passing lighter orders? The objective of this article is to debate one of the theories applied by the Court for Children in their adjudicating process-the rehabilitation theory, and its application. This article will also discuss two legal provisions in the Child Act 2001 Malaysia (Act 611) which are based on the rehabilitation theory. This study finds that the rehabilitation theory is the best and most suitable theory to be applied to child offenders because it focuses on individual rehabilitation by taking into consideration the aspects of education, societal integration and rehabilitating them of their criminal mentality. The two aforementioned provisions, namely, on ‘approved school’ and ‘community services’, are orders founded on the rehabilitation theory and can potentially prevent child offenders from involving themselves in criminal activities in the future. The importance of this study is paramount as it shows that Malaysia is clearly behind in assimilating rehabilitative values and theory into Act 611. Ultimately, the placement of specific legislative provisions regarding community service within Act 611 is an initiative that must be expedited.
Legal Issues in Sentencing Child Offenders in Malaysia
2020
Malaysia as one of the countries that had signed the Convention of the Rights of the Child (CRC), has now reformed their Juvenile Criminal Justice System by introducing the Child Act 2011 (Act 611). The reformation includes the provision that allocates the orders for juvenile offenders to be issued by Magistrates from the Court for Children. This article aims to discuss the legal problems arising from punishing child offenders in Malaysia. The discussion will focus on the theoretical aspects of the underlying adjudication of each order in Act 611. This preliminary study found that the reform legislation through the Act 611 has not able to protect the best interests of children, particularly among those that conflict with the law. Order based on the theory of rehabilitation should be prioritized by the legislative and judiciary so the children could be given a second chance.
2012
This thesis examines the extent to which, and the reasons why, the government of Malaysia provides educational opportunities for children and young people who are being detained in the closed (penal) institutions on orders under section 91 (1) (f) and section 97 of the Child Act, 2001. This thesis presents a detailed analysis of the driving factor(s) that motivate the government of Malaysia in formulating and implementing policy and law in regards to providing educational opportunities for such young people. The thesis, therefore, examines the conceptualization by the Malaysia Prisons Department of children"s rights, particularly their rights to education and offender rehabilitation. Analysis reveals that, educational rights in Malaysia have such priority because education is seen generally as the way to socialize (all) young people and to improve human capital and economic potential in Malaysia. Consequently, rehabilitation in Malaysian penal institutions is conceptualized almost entirely as education. The thesis argues that the Malaysian government has been using children"s rights to education and also offender rehabilitation to improve the process of socialization of young people in prisons institutions to enable them to contribute to the achievement of the national goals.
Environment-Behaviour Proceedings Journal, 2021
Children subjected to suspensions and expulsions from schools are often more susceptible to truancy and anti-social behaviour. Therefore, the objectives of this paper are (a) to examine the adequacy of the existing legal framework in providing effective crime prevention measures in schools and whether the laws are meeting the international legal framework; and (b) to propose viable crime prevention measures that help address the disciplinary problems in schools. A qualitative study is undertaken to meet these objectives, and the findings from this study can help schools develop more holistic measures in addressing disciplinary cases of children in schools. Keywords: disciplinary cases; punishments, restorative justice; juvenile justice system. eISSN: 2398-4287 © 2021. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review un...
2019
The criminal law system of Indonesia formed a special court system for children criminals. This system is determined by considering that juvenile has distinguishing factors than adult that drive them to conduct criminality. Those can be analyzed based on psychological and sociological factors. The main purpose is to secure access for justice towards children criminality. However, provisions in Juvenile Court System law still have weaknesses that will endanger the access of justice. Therefore, in the enforcement aspects, that inclusivity is often being abandoned. This research is interdisciplinary by using normative-empirical method and qualitative method. Normative-empirical is analyzing on legal instrument using statute approach and also using primary data taken from interview. Qualitative method is a method that holistically describes a phenomenon by analyzing the quality of relations, situations, and other materials. This research analyzed on the inclusivity of juvenile delinquen...
Interrogation of Children Under Malaysian Laws: A Call for Legal Reform
Hamdard Islamicus, 2020
Interrogation is considered one of the critical stages of the juvenile justice process. This process allows the police to question and examine child suspects for the purpose of obtaining information, statement, and evidence for an alleged crime under which they are investigated. While this process undeniably an important aspect of the criminal process, it may turn out to be a stressful and frightening process for children, who are known for their unique incapacities and susceptibility. This paper aims to examine current Malaysian laws and practice on the interrogation of children. It will critically analyze relevant provisions of law as well as existing legal principles on this particular matter. It will also attempt to examine the adequacy of current Malaysian laws in safeguarding the rights and interests of children during the grueling and coerced interrogation process by the police. This article concludes with the recommendation for the reform of current Malaysian laws and practice on the interrogation of children.
Evaluation of the Child Criminal Justice System in the Perspective of Children with the Law
The juvenile criminal justice system is an important part of maintaining justice and protecting children's rights in criminal cases. Through literature study techniques, this paper aims to evaluate the juvenile justice system in Indonesia from the perspective of children in conflict with the law. The results of the study show that there are still some deficiencies in the juvenile justice system, such as the low quality of legal services and the minimal participation of children in the judicial process. Some efforts that can be made to improve the juvenile justice system include improving the quality of legal services, providing greater opportunities for children to be involved in the judicial process, and increasing alternative dispute resolution outside of juvenile justice. It is hoped that the results of this research can make a positive contribution to improving the juvenile justice system in the future.