The Role of Educational Measures for Juvenile Offenders in Forensic Psychiatry

Abstract

Abstract:The New Penal Code (NPC) of Romania gave up on punishing minor offenders, in favor of educational measures. Thus, the minor following a final conviction, will not be subjected to the prohibitions, detentions or incapacity attributable to the penalties applicable to major offenders. Thus, the emphasis is moved from punishment, to prevention, re-education and social reinsertion. The New Penal Code delimits from the previous one, the institution of the educational measures depriving of liberty from that of non-custodial educational measures. Psychiatric forensic expertise of the minor plays a key role in the court decision, through its conclusions regarding the existence of discernment at the time of committing the act. In the case of determining the presence of discernment at the time of committing the act, the psychiatric forensic board will also make recommendations on the educational measure that should be instituted. In the recommendations made, the board considers both personality deficiencies and social etiology, dissociating the meaning of behavior from the social situation in which the subject of law is. Thus, the recommendations made by the board of psychiatric forensic expertise are the result of a thorough analysis of the minor's psychic state, the nature of the committed act, corroborated with the concrete circumstances of committing it, with the opportunity to appreciate critically the act because of the education received and with the influences of the environment. In addition, in recommending educational measures, the board also takes into consideration the family support that the minor benefits or not, essential support in his social reintegration.

Sociological Perspectives on the Quality of Life Correlated with the State of Health

“…the role of the community / neighborhood that affects health not only through the SES characteristics of the individuals comprised of itcalculated by the average of the income levels, the percentage of the unemployed, the level of education (Damian et al, 2017) etc. -, but also by the environmental characteristics itself: the presence of supermarkets, vegetable and fruit markets, leisure facilities, sports infrastructure, crime rate ... behavioral justice" -Adler and Stewart (2010)refers to the health problems resulting from the differentiated access to the resources needed for healthy behavior due to the characteristics of the residence environments.…”

The Role of the Institute of Medical Law in the Postmodern Society

“…Many branches of law have their sub-institutes (subbranches). Unlike legal institutes, sub-institutes (sub-branches) are not compulsory components of each branch (Damian et al, 2017).…”

Normative and Institutional Frameworks for the Functioning of Supervision in Social Work

“…Synthesizing the scientific literature, we notice that the majority of the authors (Tsui, 1997a;1997b;2004;2005a;2005b;Ponea & Cojocaru 2010;O'Donoghue 2010;Sandu & Caras, 2014a;2014b;Kadushin, 2014;O'Donoghue & Tsui, 2015;O'Donoghue, Ju, & Tsui, 2018;Sandu, Necula, Frunza, Unguru, & Damian, 2017;Damian, et al, 2017) have highlighted a series of functions of supervision, among which we mention: the administrative function -the supervisor acting as an intermediary between the organisation and the social workers; the function of quality control of services; the function of emotional support and facilitation of reflections on own practice; the formative-educational function, the function of transfer of competences from an experienced social worker (Benton, Dill & Williams, 2017) towards a beginner social worker, and the interference as a process of stimulating the professional's reflection upon his own practice and finding the best solutions in his interventions.…”