COMPARATIVE CRIMINAL PROCEDURE
(obiettivi)
Comparative criminal procedure
Knowledge and understanding The course consists of lectures and seminars. Students are presented with cases and materials and could be required to write short papers on specific topics. Such an approach is aimed at verifying which systems best fulfil the goals juvenile justice highlighted by basic principles, guidelines and Recommendations issued at the supra-national level and is clearly intended to assess how far Europe is from adopting a comprehensive and homogeneous approach to the problem of dealing with juvenile offenders. Applying knowledge and understanding The course is aimed both at providing students with a knowledge of the main key-issues related to criminal proceedings against juvenile offenders and at allowing them to acquire the “tools” needed to compare the features of different national juvenile justice system, different patterns of responses to the “youth justice problem”, different philosophical underpinnings, institutional arrangements, operational policies and processes involving young offenders. Making judgements Students will be able to identify strenghts and weaknesses of each juridical system, analysed during the course, in matter of juvenile justice. Moreover, through the analysis of cases and materials, they will be able to recognise any specific disposition related to criminal proceedings which involve juvaniles charged with crimes. Communication skills Some of the assignments of the course, such as writing or reading of papers on specific topics, will develop the communicative skills of students, inciting open discussions and dialogues. Students will also be able to discuss about juvenile justice using proper terms and the lexicon. Learning skills During the course, students will be able to look at the juvenile justice in ‘comparative’ perspective. They will also learn how to read basic principles, guidelines and Reccomandations, mainly issued by the European Union (EU) and by the European Court of Human Rights (HCHR), and how the supra-national level produces its effects on each juridical system analysed.
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Codice
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9796045 |
Lingua
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ENG |
Tipo di attestato
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Attestato di profitto |
Crediti
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7
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Settore scientifico disciplinare
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IUS/16
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Ore Aula
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42
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Attività formativa
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Affini e ambito di sede classe LMG/01
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Canale Unico
Docente
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PATANE' Vania
(programma)
Different approaches to juvenile justice: the welfare model, the justice model, the minimum intervention model, the restorative justice model, the neo-correctionalist model.
Comparative analysis of some european juvenile justice systems through the following key-issues:
Relevant legal framework regulating criminal proceedings involving juvenile offenders - Age tresholds of criminal responsibility and liability to prosecution – Specialized agencies – The role of the Police – The role of the prosecutor – The role of the judge – Personality assessment procedures and aids to sentencing – Safeguards for the protection of minors - Deprivation of personal liberty both at the pre-trial stage or under sentence by the court - Early definition of the proceedings – Mediation and restorative justice – Sanctions
- European Juvenile justice Systems (coord. by GLAUCO GIOSTRA – ed. by VANIA PATANÈ), Giuffrè, 2007, pp. 67-94; 171-199; 243-272; 315- 351; 385-440.
- M. CAVADINO-J. DIGNAN, Penal Systems: a Comparative approach, Sage, 2006, part 3, cap. 12, pp. 199-214.
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Date di inizio e termine delle attività didattiche
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Dal 03/10/2022 al 20/01/2023 |
Modalità di frequenza
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Non obbligatoria
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