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Efficiency of measures in the JJ System

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					        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




For every child
Health, Education, Equality, Protection
ADVANCE HUMANITY
           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




This report has been commissioned by UNICEF and compiled by the Institute of
Sociological, Political and Juridical Research . The views and opinions expressed in the
report do not necessarily reflect UNICEF‟s position.




                                                                                       2
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


                                                                                        3
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




                                                                                           4
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

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

1
  L.Legrand: “Moralna izobrazba danas - ima li to smisla”, Eduka, Zagreb, 1995 g.
2
  A.Vukasovik: Odgoja bez vrednosti nemai i ne moze ga biti, u skolama trebamo uz obrazovanje izgajati i
formativne primene vo Vjesnik od 30 kolovoz, p.13, Zagreb, 1995


                                                                                                       5
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 rights 5, 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

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

3
  Charter of the United Nations. 26 juni 1945 godina, Zbornik dokumenti za pravata na covekot, Prometej.
Beograd, 1991 god., pg .35
4
  Universal Declaraion of Human Right, passed by the General Assembly 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 gragjanski i politicki 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.


                                                                                                      6
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 European Convention on Basic Human Rights and freedoms and


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 the
General Assembly of the UN, on 21 September, 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 ukinuvanje na zlocinot 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.


                                                                                                      7
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

available to man, including the entrapment of television. Thus, the concept of guaranteed
16
     D.Dimitrijevik, Temelji nove demokratije, Predgovor, Beograd, 1989, p.9


                                                                                           8
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




                                                                                            9
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




                                                                                          10
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

sacrifices in the name of progress. They seek continual enrichment of their own life and


17
     Adopted 18.12.1979.
18
     Convention on the Rights of the Child, adopted by the General Assembly of the UN, 20 November 1959


                                                                                                     11
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




                                                                                           12
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

of society, but also to major changes in the culture of living. Great migrations form
19
     F.Bacik Krivicno pravo, opst del, Skopje, 1972, p.722


                                                                                            13
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.




                                                                                          14
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

deficiency, and crime. The Convention on the rights of children has to ensure legal,
20
     F.Baruk: sp.trud, citied in Bacik p.726


                                                                                           15
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

is a persons that is in a psychophysical and biological stage of development, going
21
     M.Zvonarevik: Socijalna psihologija, skolska knjiga, Zagreb, 1985, p.135


                                                                                           16
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,

deliberating and explaining various aspects of the problem. They do not disregard the
22
     M.Singer: Kriminologija, Vtoro izdanie, Globus, Zagreb, 1996, str 220


                                                                                                   17
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,
                   25
while Petrovic          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: Social 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.


                                                                                                          18
     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 astma, ,,Detska klinika vo
raspaganje i sl. Nema lekovi za bolnite deca i sl.


                                                                                                         19
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




                                                                                           20
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: Maloletnicki kaznen zakonik, 2001 godina.


                                                                                             21
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




                                                                                            22
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


                                                                                          23
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




                                                                                          24
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 socioloske metode, Beograd, 1963 god.


                                                                                          25
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




                                                                                       26
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




                                                                                        27
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




                                                                                             28
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,




                                                                                           29
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




                                                                                          30
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
                             33
should be abandoned               , 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 krivicno pravo, Skopje, Kultura, p.52.


                                                                                                       31
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


                                                                                                      32
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.




                                                                                        33
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,




                                                                                       34
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.




                                                                                       35
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




                                                                                           36
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




                                                                                          37
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




                                                                                        38
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




                                                                                        39
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.




                                                                                         40
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: Maloletnicki kaznen Zakonik, 1961 god.


                                                                                           41
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




                                                                                           42
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




                                                                                       43
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




                                                                                         44
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




                                                                                        45
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




                                                                                        46
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.




                                                                               47
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




                                                                                         48
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,




                                                                                          49
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.




                                                                                         50
- 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?




                                                                                     51
- 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 Stankova 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.


                                                                                                         52
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




                                                                                         53
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


                                                                                         54
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




                                                                                         55
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.




                                                                                           56
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




                                                                                    57
       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




                                                                                          58
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




                                                                                         59
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




                                                                                       60
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 way, we can explain the

different phenomenological characteristics of crime in the same space (location), but at a

different time period. An additional argument in this regard is that the changes of the

phenomenological characteristics of crime, in terms of volume and structure, are common

for countries in transition that include 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 to a multi-party

political system. This is a period of changes in ownership structure, with private




                                                                                       61
ownership becoming the dominant ownership structure, a period of restructuring of the

economy and drastic changes in the social structure. This deep transformation of society

has led to a range of negative consequences, of which the following are the ones pertinent

to the topic we are researching: 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, breakdown of the system of values, conflicting standards

and models of behavior, breakdown of old norms and 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 that - in theory and in practice - are confirmed as factors that result in

the occurrence or growth of deviant behavior, crime and - within that framework -

juvenile crime.39

The period marked as transitional began in 1991. Our attention will, therefore, for the

most part be turned towards the features of juvenile crime in our country, starting from

that year. The analysis is made on the basis of official data derived 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 taken into

consideration because it presents evidence for the phenomenological characteristics of

juvenile crime, in view of the fact that this data is closer to reality and to the real volume


39
   Juvenile crime in the sense of this part of the study means the number of criminal acts committed, as
defined in 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 the determination of its significance in comparison with
the crime as a whole and juvenile crime in particular.


                                                                                                         62
and type of crimes. On the other hand, the data on adjudicated crime is more exact and is

taken into account because it helps 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. Over the last fifty years, there was a general trend of crime

         growth in the Republic of Macedonia, with certain deviations. This tendency

         applies to both juvenile crime and adult crime. However, it is interesting to note

         that, when viewed in a 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 trends of the crime

         rate in Macedonia certainly have to be linked to the processes of urbanization,

         industrialization and migration, which were at certain points very intensive, but

         also with the developments typical 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 the country were registered. However, this is also a time of


40
   The growth of juvenile crime in this period is followed by a constant growth 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.


                                                                                                          63
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 of 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 its 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 corporal 91                        106         105         93          75          119         88          110         87
damage



                                                                                                                                       64
%                     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
morale
%                     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 the 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



                                                                              65
offences

%                      2%        1%   2%    1%     1%     1%     1%     2%     2%




                             1995 1996      1997   1998   1999   2000   2001   2002
Total                        2314 1699      1888   2132   1999   1815   1446   1266
Total %                      100      100   100    100    100    100    100    100
                             %        %     %      %      %      %      %      %
Life and corporal damage     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                     2003 1401      1544   1794   1646   1539   1215   1028
%                            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%



                                                                                    66
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 regarding 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 in the focus of our research - at the time when juvenile crime was at its

highest - there is a small decrease in 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




                                                                                          67
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, constitute 86% to 95%.




                                                                                               68
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, instead of ex officio,

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.




                                                                                         69
In general, juvenile offenders 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 was the one of 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 certain years, almost three




                                                                                         70
       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 one can project on this basis the

future behavior of adolescents and take appropriate measures accordingly. 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 criminal and as an adult one, as well.

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 environment and so on) that have had a strong frustrating

effect, so the younger juveniles have sought to resolve their problems in an unlawful way,

and in some cases with elements of aggressiveness.




                                                                                           71
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 subjected to upbringing measures and to 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 subjected to 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




                                                                                       72
The practice here, i.e. the implementation of measures foreseen for juvenile offenders can

be demonstrated through statistical indicators of the structure of measures imposed on

juvenile offenders.



Table: criminal sanctions imposed on older adolescents in the period 1995-2002
                             Disciplinary measure    Reinforced supervision            Institutional Measure
Year     Total    Juvenile   Warning    Disciplina   Parents     /   Foster   Social   Detention    Correct
                  Prison                ry           Guardians       Family   worker   Home         ional
                                        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 better understand the policy and implementation of measures imposed on

juvenile offenders, we present a table about the structure of the measures that were

pronounced, separately for older and younger juvenile offenders.




                                                                                                            73
Table: Criminal sanctions issued to older juvenile offenders 1995-2002
                             Disciplinary measure        Reinforced supervision                   Institutional Measure
Year     Total    Juvenile   Warning      Disciplina     Parents       /   Foster     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             Foster       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


                                                                                                                      74
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 measures imposed on 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 are applied in the case of juvenile offenders,

instead of 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


                                                                                        75
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 ones. 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




                                                                                         76
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 subjected to disciplinary measures (including juvenile

prison) and 94 received to 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 were selected as a sample – those who

accepted the invitation sent by the Center for Social Services. Therefore, the profiles will

be based on offenders against whom measures have been issued by the relevant courts

and offenders who 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




                                                                                           77
presented: of minors who have been subjected to non-institutional measures, and minors

subjected to institutional ones (including juvenile prison).

Gender: this research included only two female offenders who had been imposed an

upbringing measure against. Once again, this has confirmed the view that the major

difference between juvenile offenders 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 sanctions 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



                                                                                        78
education between juveniles serving a non-institutional measure and those serving an

institutional one. The former have a higher level of education than the latter.

The problems 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, poor achievements, and other problems in school (dismissal

because of low grades, or too many absences, lack of discipline, truancy, 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 14.1% of them either 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% quit or were expelled


                                                                                             79
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 that young people experience in the education process and 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 who have

been subjected to an 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 is the following:




                                                                                            80
Table: Who minors 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, the majority (76%) of minors live in complete families i.e. with

both parents. However, differences in this regard 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. f 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


                                                                                        81
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 do 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 but a few: 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




                                                                                       82
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 that influences 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 been awarded 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 prerequisites 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




                                                                                          83
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 (55.2%) of 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 the material and social source of the behavior of juvenile

offenders that were in the focus of our research are the findings 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


                                                                                         84
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
Heavy 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



                                                                                         85
On the basis of the offences committed by juvenile offenders, one can conclude that

minors that have been awarded non-institutional measures committed less serious

criminal offences and seem to be a representative sample of the structure of juvenile

crime in Macedonia. However, the criminal offences committed by minors subjected to

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 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 it enables making prognosis for their

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




                                                                                          86
exposure of the minor to intensive negative influences, even in cases of socially

unacceptable behavior. These 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



                                                                                            87
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


                                                                                         88
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 the 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




                                                                                          89
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 cases - 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 measures imposed on 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

behaved well. 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.




                                                                                        90
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 and 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




                                                                                         91
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. The poor woman was so scared, she fainted. We didn‟t have to do

anything. But, there was no 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




                                                                                           92
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 influence

the criminal behavior of the minors – this is their view. The analysis of their responses

shows that, for them, the most traumatic 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 a 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




                                                                                         93
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 a 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 out 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, as well as the family, has to be prepared for going to the institution, and

also includes 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




                                                                                         94
institutions where they are supposed to go, about what awaits them there, and the like.

This is further aggravated by the existing bias and stereotyping about the institutions and

what goes on in there. Consequently, there is a need for serious preparation of the minors

headed to such an institution. This entails acquainting the minor thoroughly with the

institution he is going to, 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 in which we

can expect the minor to have a positive attitude towards the institution and 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, as 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 undergoing institutional measures had not received 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 includes minors who said they did not need any information, because they

had previously attended this type of institution and were well acquainted with it.




                                                                                          95
The second group (12.5%) is comprised of minors who obtained such information from

friends and relatives who had previously attended such and similar institutions. There

were even some who responded that they had the 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 there was one who 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 the information that will 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


                                                                                                         96
The respondents who were dissatisfied with the conditions in the institution and the

manner in which the measure was being realized also indicated practices 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



girlfriend he loves a lot.”, “there is no justice, some one else was to blame, and I am being punished. “, “the
security guards beat us a lot, when 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; I
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 by 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 in the institution, they won‟t let me go out
for three months now”, “I gained nothing from this institution, 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 behave
well, 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 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 p.m. and that lights are out at
that time.”


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The minors were asked a number of questions that had the aim of providing 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.

(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.

With regard to the basic elements that make up the foundations for attaining the goals of

educational measures (education, re-education, and development) that are manifested in

practice, we have identified 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

       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.




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2. The treatment in the institutions for institutionalized educational measures and the

   sentence of juvenile prison is carried out by the institution‟s professional staff.

   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 showed 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 also comes and advises

   us. He is OK)

The complaints about lack of communication or insufficient or inadequate

communication raises a range of issues in connection to how the treatment is carried

out in these institutions – whether there is treatment at all and to what extent it is

realized. In other words, can one speak of achieving the goal of treatment when even

the most basic communication between the minor and the personnel is lacking? Are




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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 their easier integration in society. Thus, the Law

   states that minors 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 were in

   the institutions at the time of the research, 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 a statement of one minor who defined the role of

   work during the stay in the institution in a very concise manner. This was one of




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        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?




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I remember that things were good when I was small. 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, cursed her fate. This really hurt 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 human being, 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




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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 just got angry and became meaner

and meaner. If they called me by that name, then I should act like one. 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.




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2   Implementation of 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 no 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 subjected to 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 any harmful




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influence on the minors. They have to abide by the manual and to carry out the

requirements of 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 and thus 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.

While they are being realized, measures of reinforced supervision defined in this way

presume that there is a qualitative difference of the organization of the time and life of the

minors who are under such measures, as 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




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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 parents, 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.



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 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%)




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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,

he skipped 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 do 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 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 feelings,

nervousness, tense relations).

How Well Do 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




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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 really any measure 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 that 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 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 the Center for




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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




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relatives, friends and neighbors as persons they consulted. Only in one case did they turn

to the Center. These findings lead to an observation: 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 the content nor of

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 current

and 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”.




                                                                                       110
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, the directors, the 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 demanded things; 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




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whatever 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, 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 knows 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 and gained quite a reputation in town. They sent me to another Home, in

Skopje. What a 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 had 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.




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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.

         Dr. 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




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Dr. Gordana Stankovska



Part III



Bio-psychological Individual Characteristics of the Population Tested



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 such a reality,

human beings consider their ego not only as a cause and precondition 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 various shapes. It is the same everywhere, yet not really the

same. The constant changes within the family throughout centuries come as a 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




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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 Characteristics of Individuals Tested

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 the development and

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, all of 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




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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 before                   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 are accompanied by dreams and nightmares, in which events that 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.




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   1. Individual Characteristics of the Population Tested

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 is 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 the 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,

that 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



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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 results obtained 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 Population Tested
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 typical for all the minors. Observed individually or as

a whole, the results show aggressive and destructive behavior of the individuals in the


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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 that 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.




                                                                                           119
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 capabilities. 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




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can have a negative impact on the psychological life, mental health and social behavior of

young people.

Research of the emotional aspects related to the attitude of 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: one is

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
                                       Nr.                %     Nr.                      %
       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.




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       Table 5 Child - Father Relationship
       Emotions    towards    the Minors               with Minors      with       non-
       father                      institutional            institutional measures
                                   measures
                                   Nr.             %        Nr.                %
       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 affirmative 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, which 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.




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    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 parents 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

form 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 includes conscious and intentional

abuse of the child, but also includes 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




                                                                                         123
in loosing trust in others, feelings of guilt, problems in relating to others, and even 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 relationship between spouses is a role model from which children learn and accept

behavior in the family. The better the relationship between 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 impose 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,




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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
                               Nr.             %           Nr.                 %
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
                               Nr.             %           Nr.                 %
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



                                                                                            125
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.




                                                                                          126
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%)




                                                                                      127
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

influences young people to get involved in fighting, physical abuse and inflicting 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.




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Table 8 Drug Abuse
Drug Abuse                     minors     with    institutional minors     with       non-
                               measures                        institutional measures
                               Nr.               %             Nr.             %
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

addiction: 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.




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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




                                                                                       130
of behavior, and contribute to manifestations of criminal behavior through the process of

social de-adaptation.




                                                                                     131
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 focuses on the following:

       a. To enable them to join the labor market and 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




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            lived in poor conditions and had 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.




                                                                                       133
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 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

goal 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




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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 social conditions of the juvenile are 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 quality assessment 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

shortcomings 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




                                                                                         135
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 Number         %
        disciplinary measures       of 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, study the personality of the

juvenile and prepare the report. This is registered in the permanent records of the

juveniles in the Centers. Sending the report with a delay can occur only in exceptional

cases, when the juvenile is unavailable to the personnel of the Center, because of wrong



                                                                                       136
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 have been presented about the activities of the Social

Services Center, we can conclude that the courts in Macedonia receive substantial




                                                                                        137
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 a 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

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




                                                                                         138
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 mean “reinforced supervision”.

The group of measures of reinforced supervision includes reinforced supervision by

parents or guardians; reinforced supervision by guardian organ; reinforced supervision by
42
     M. Milosavljevik: Socijalni rad na medji vekova, p.87, Beograd,1998 god.


                                                                                          139
a foster family. All of these types of measures have specific requirements, which have to

be respected when applied in practice.

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.




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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. As 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 relationships 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 the latter has not received

significant affirmation in practice, nor has it been awarded much by the Courts. It has to

be mentioned that there have been no engagements so far in implementing such a

measure, but it has to become a priority task in future. 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 their own parents or

guardian. Presently, most of the collaboration between Centers, judges and parents




                                                                                        141
considering measures for reinforced supervision is pro-form, but if the engagement,

assessment and mutual cooperation become real, they will give better results in the

process of re-education. They 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 and the problems

related to such juveniles.

This has to become a part of the new legislature for juvenile justice.



3.1 Implementation of Reinforced Supervision Measures

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

From the very beginning of their foundation, the Centers for Social Services in

Macedonia have been working on issues of prevention and eradication of disruptive

juvenile behavior. In 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
43
     Criminal Code of the Republic of Macedonia Art.l.78,79,80


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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.

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 supervision      by supervision by a
     Social 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


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3.1.1. Conditions for Implementation of the Measures

The implementation of educational measures in the Center for Social Services requires

some prerequisites of organizational, human resource and economic nature, 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.




                                                                                     144
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 of

helping 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 Centers 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 no

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”.




                                                                                       145
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 to organize is to make use of 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 be 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 the working conditions in the Centers are

different and depend 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.




                                                                                     146
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 work                    Number       of          %
                                            centers
    Special services for delinquency with     1               19.0
    multiple teams
    Special team for delinquency             14               81.0
    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 team work that 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



                                                                                      147
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 an experience of working in Centers for over 15 years, 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 volume of work is often used as

an excuse for not having teams or certain professional profiles specialized in these

matters. In fact, there is a need for specialized personnel dealing with the more

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, in the form of

seminars and other forms of education. Still, the possibility of gaining extended




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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 you attended Number                              of %
     professional educational training                    people polled
     Once                                                     3             14.3
     Multiple times                                           8             38.1
     Never                                                    6             28.6
     Their Center was not included                            4             19.0
      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 by 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



                                                                                        149
       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 the 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

lack the 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




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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 and insecure, they often seek help from the professional staff

at the Center. The question “How do parents or guardians of juvenile delinquents who

implement 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




                                                                                         151
             2. Vaguely                                          1          4.8
             Total                                              21         100.0



The answers show that parents not only ask for help and advice, but also trust

professional workers at the Centers as people who want and can help their children.

Consequently, they cooperate with some professional staff members from the team or

with the team as a whole from the very beginning, 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 parents 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 should be evaluated. Within this context, the responsibility of the parent is




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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 cases 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 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:

Table 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




                                                                                        153
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 obstacle 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

efficient work of all those involved in the process. It is of special importance that the

juvenile actively cooperates 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




                                                                                        154
              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 and professional work with juveniles should be done on an

individual basis and should be complex and diverse. Its systematization depends on the




                                                                                        155
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 prioritiy 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 and to induce changes in approaches and re-education collaboration

and communication. In practice, the role of information in most Centers in Macedonia 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

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 a 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



44
  Q. 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.


                                                                                                     156
time, they should help the team in executing the measure. As to the question which

volunteers use the 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. NGOs                           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 there is a sufficiently well developed concept for

realization of this task in Macedonia, 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 the present working conditions, the Center for Social Services

can achieve much better results in this field by changing many elements of the concept




                                                                                           157
and content, the methodological approach, organization of work, but also of 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 have not received 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, is 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; there

are juveniles 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 education 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

- as a rule - can only be experienced in a real family.45 Consequently, in these institutions

juveniles must feel protected, secure, helped, and understood, but also personally

responsible and ready to share mutual success and care about themselves.




45
     O. Vilfert:Odgojni domovi, jucer, danas i sutra, Beograd, 1981, p.8.


                                                                                         158
It seems that there is no clear concept in Macedonia 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 the 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 The 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 present, there are 35 juveniles at the Home, of whom 5 are

subjected to educational measures and the rest were 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.



                                                                                                         159
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 whom come from 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 against whom such measures have been issued. On

the other hand, we have to consider the circumstances of mixing together juveniles with a

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.




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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. The implementation of this

educational measure as designed by the “Ranka Milanovik” house of corrections is not

sufficiently useful, it is very expensive and irrational for the state, 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, it was situated in Tetovo, but because of the armed conflict, it was dislocated

to the Skopje prison. It houses 20 juveniles undergoing an institutional measure, with the

majority of them being there for a period of two years. The staff consists of 6 supervisors,

one pedagogue, one psychologist, one 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,




                                                                                        161
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 at which 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 in 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 “be quiet and obedient” values. As for the

preparation of juveniles for outside life by giving them the proper skills, the approach is

still the old one, failing to take into consideration the applicability of those skills today; in




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some institutions, such activities are eve 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, on the basis of indicators that 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 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 the activities of the staff 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 the level of success in implementing educational

measures. However, it is also true, whether we like to admit it or not, that in practice the




                                                                                           163
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 should

participate in the implementation of educational measures. Moreover, many juvenile

judges in Macedonia are engaged in other court cases, or preside over courts which

affects their 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 the problems mentioned, the social security institutions and the

judiciary have collaborated successfully for a 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 carry out their duties

enthusiastically and consistently. 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 drawbacks. Roughly, they can be divided

into external and inter-institutional. The former refer to the social conditions for inclusion

of juveniles into the environment and their employment; the latter refer to institutions

which implement educational measures. This matter has been elaborated in detail. At the




                                                                                            164
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, these

youngsters 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-

educating a considerable number of juveniles with less financial resources.




                                                                                     165
Mr Marijana Handziska

Part IV



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/she 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 at the age of

4-18. 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.




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        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 (age 14-18) Development

        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 the 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 development    v) Personality           g) Cognition   d)          Socio-
                                                                                    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




                                                                                                167
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 are 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 their personal identity is connected to that of their parents in

           many ways. 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, adolescents 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




                                                                                      168
           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 to respect the strictly established

   rules, which they believe in; that is why young people very often become

   members of various sects.

c) Personal characteristics. According to Ericsson, the 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 emphasizes that, if an individual is to maintain a

   certain course, he/she 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, avoidance to take any responsibility and appearance of the first signs of

   social anxiety. 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 oneself). It implies a sense of wholeness,

personal continuity, as well as a feeling of mutual ties with others.




                                                                                     169
   Adolescent egocentrism is secondary. Adolescent believe that the other people are

   preoccupied with their behavior, thoughts and feelings, in the same way in which they

   are preoccupied with themselves. Very often, adolescents 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, 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

         the individual human needs, and 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 the 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 the

         demands of the group (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




                                                                                         170
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, sometimes problems keep coming and then

       parents are not sure what they are supposed to do. Accepting their children as they

       are, the parents secure 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

       on 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, with the needs of the children coming first, theirs 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 will

       the parent find himself/herself in discrepancy with his/her previous expectations of

       the role of parent and the real needs of an adult.




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c) Other expectations of parents include not making the mistakes their parents had

    made, i.e. to correct the parent-child relationship, which 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 enables

    the discernment 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.

Another 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




                                                                                       172
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, parents 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 parent-child relation 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




                                                                                         173
 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.




                                                                                        174
       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                                                  Parent
(adolescent aged 14-18)                                            -personal characteristics

-personal characteristics of the
                                                                   -views on parenthood
adolescent period




                   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.

                                                                                               175
    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), against

whom the measure of reinforced parental supervision is pronounced. 18 of them are from

Skopje, 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 at 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 measure 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. It

contains 35 questions. The first 18 questions are of the Ikerty type (the questions are




                                                                                          176
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.




                                                                                        177
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.




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          (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   27.55   9.36   7.78   6.18   5.50   4.71   4.61   4.42   3.96   3.25   3.00   2.86   2.63
variance




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




                                                                                                       179
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.


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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 and I           am I      am   a I feel safe
                  with myself         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 Disappointments
Variables         failed man          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




                                                                                            181
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 feel I 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 r=0.62
this 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 the 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 difficult it was for the parents found to control the

children.

There is also a mutual correlation between the positive aspects of perception: if the

parents are proud of their children, then they will be very satisfied with their children.


                                                                                             182
There is a 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



                                                                                           183
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 indicate that parents mainly 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 parent-child relationship. 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.



                                                                                        184
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 a 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 the 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. 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.




                                                                                          185
   2. Keep the member integrated within the family, but re-examine the functioning of

        the whole system and change the family‟s views, habits and ways of mutual

        communication.

The family, as a system that is attempting to survive, feels a 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 adolescents

        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




                                                                                        186
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, healthy and positive potentials for dealing

with problems of 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 be 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.




                                                                                             187
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




                                                                                    188
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




                                                                                         189
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



                                                                                         190
                                  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


                                                                                        191
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
c) Average
d) 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...
e) Very satisfied with the child
f) Satisfied with the child
g) Partially satisfied with the child
h) Dissatisfied with the child
i) Very dissatisfied with the child




                                                                   192
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


                                                                                           193
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



                                              194
        Appendix 2


Section 1.02 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 things 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




                                                                                        195

				
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