Teaching Criminal Law Procedure in Universities: Meeting the Needs of Juveniles in Criminal Legal Practice
Abstract
Children's involvement in school disciplinary problems is often a predictor of their involvement in crime in the future, resulting in them coming into contact with the criminal justice system. Therefore, teaching final-year law students the subject of criminal procedure, particularly governing the juvenile justice system, is essential for legal practice, especially when the legal rights of the children need to be protected since they are vulnerable to the adverse effects of the juvenile justice system. In this connection, the objectives of this paper are (a) to examine the underpinning causes behind children’s involvement in disciplinary problems in schools as predictors of their future involvement in crime; (b) to analyse the existing legal framework governing the juvenile justice system in Malaysia that forms part of the subject of criminal law procedure, and (c) to examine the importance of teaching criminal law procedure subject to final-year law students in preparing them for legal practice, especially when dealing with juveniles in the juvenile justice system. A qualitative research design is undertaken to explore the significance of teaching criminal law procedure to final-year law students by undertaking library-based research and an examination of content analysis, drawing from both primary and secondary sources. The findings in this research demonstrate that children who commit disciplinary problems in schools, such as truancy and bullying, will eventually come into contact with the criminal justice system, and their legal rights need to be protected. This research is significant in meeting the university’s mission, vision and values and supporting the national framework for reducing crime rates and strengthening crime prevention initiatives.
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Azhar Shah, S., Abdullah, A., Noor Aizuddin, A., Hassan, M.R., Safian, N., Hod, R. & Mohd Amin, R. (2012). Psycho-behavioural factors contributing to truancy among malay secondary school students in Malaysia. ASEAN Journal of Psychiatry, 13(2).
Azlin Norhaini, M., Jayanthi, S., Mohamed Yusof, M.N., Nurfaradilla, M.N., & Jamalullail. A.W. (2017). Teacher perceptions of managing indiscipline amongst at-risk teenage students: A Malaysian study. International Journal of Advanced and Applied Sciences, 4(5), 112–119.
Birckhead, T. R. (2009). Toward a theory of procedural justice for juveniles. Buffalo Law Review, 57(5), 1447–1514.
Brink, Y.V.D. (2019). Young, accused and detained; Awful, but lawful? Pre-trial detention and children’s rights protection in contemporary western societies. Youth Justice, 19(3), 238–261.
Ching, L.M., Jiar, Y.K., & Jaffri, H. (2015). Developing discipline among students through social-emotional learning: a new model to prevent and reduce behaviour problems. Journal of Education and Vocational Research, 6(2), 80-90.
Clements, C.B. (1988). Delinquency prevention and treatment: A community-centred perspective. Criminal Justice and Behavior, 15(3), 285-305.
Committee on the Convention on the Rights of the Child (CRC) on General Comment No. 24. (2019). Children’s rights in the child justice system.
Committee on the Convention on the Rights of the Child (CRC) on General Comment No. 20. (2016). The implementation of the rights of the child during adolescents.
Convention on the Rights of the Child (1989)
Department of Social Welfare (2021). Department of Social Welfare Statistics Report 2021. Department of Social Welfare, Putrajaya.
Dermawan, A. (2022, July 23). Penang NGO demands action against school bullying cases. New Straits Times. https://www.nst.com.my/news/nation/2022/07/815814/penang-ngo-demands-action-against-school-bullying-case
Farah Nini, D. (2009). The U.N. Convention on CRC and the administration of juvenile justice: An examination of the legal framework in Malaysia. Asia Law Quarterly, 1(2), 123–140.
Hutchinson, T.C. & Duncan, N. (2012). Defining and describing what we do: Doctrinal legal research. Deakin Law Rev, 17(1) 83–119. DOI: 10.21153/DLR2012VOL17NO1ART70.
Hutchinson, T.C. (2013). Doctrinal research: Researching the jury in research methods in law by Watkins, D., & Burton, M. (Eds.)(1st ed.). Routledge. https://doi.org/10.4324/9780203489352
Kathirasen, A. (2022, May 11). Bullying: Education ministry's big-time failure. Free Malaysia Today.https://www.freemalaysiatoday.com/category/opinion/2022/05/11/bullying-education-ministrys-big-time-failure/
Liefaard, T. (2016). Child-friendly justice: protection and participation of children in the justice system. Temple Law Review 88, 905–927.
Lo, T. W., Maxwell, G. M., & Wong, D. S. W. (2006). Diversion from youth courts in five asia pacific jurisdictions: Welfare or restorative solutions. International Journal of Offender Therapy and Comparative Criminology, 50(1), 5-20.
Lodge, J. (2014). Children who bully at school: Australian Institute of Family Studies. Child Family Community Australia.
Mat Arif, Z. (2022, September 5). Nine students were charged for beating up their junior. New Straits Times. https://www.nst.com.my/news/crime-courts/2022/09/828499/nine-students-charged-beating-their-junior-nsttv
Ministry of Education Malaysia. (2023). Basic Educational Information. Ministry of Education, Malaysia. https://emisonline.moe.gov.my/risalahmap/
UNICEF. (2018). Children4Change survey: Bullying experiences amongst children & adolescents in Malaysia. Ministry of Education Malaysia, WOMEN: girls & UNICEF.
Ministry of Women, Family and Community Development (MWFCD) and UNICEF (2013). The Malaysian juvenile justice system: A study of mechanisms for handling children in conflict with the law. Ministry of Women, Family and Community Development (MWFCD) and UNICEF.
Mowen, T. & Brent, J. (2016). School discipline as a turning point: The cumulative effect of suspension on arrest. Journal of Research in Crime and Delinquency, 53(5), 628–653.
Muhammad Azmi, A., Syed Sofian, S.S., Mohammad Azis Shah, A.A. (2018). Factors that influenced the problem of truancy among secondary school students. International Journal of Academic Research in Business and Social Sciences, 8(3), 363–373.
Nadzriah, A. (2017). Diversion of child offenders from the criminal justice system in Malaysia and reforms of the Child Act 2001: Lessons from New Zealand. PhD Thesis. The International Islamic University of Malaysia.
Nadzriah, A. Abdul Ghafur, H. and Saodah, W. (2020). Protection of child offenders at the pre-trial process in Malaysia: Are we doing enough? Environment-Behaviour Proceedings Journal (E-BPJ), 5(SI3), 285–289. https://doi.org/10.21834/ebpj.v5iSI3.2571
Nadzriah, A. Abdul Ghafur, H. and Saodah W. (2016). The pre-trial detention of child offenders: some evidence from Malaysia. The Social Sciences, 11(30), 7210-7214. DOI: 10.3923/sscience.2016.7210.7214
Nadzriah, A. & Habibah, K. (2012). A critical study of the pre-trial process in the juvenile justice system in Malaysia under the Child Act 2001. Research Management Institute (RMI), UiTM Shah Alam: Malaysia Law Reform Committee.
Nik Ruzyanie, N.J., Wan Salwina, W.I., Tuti Iryani, M.D., Rozhan, M.R., Shamsul, A.S., & Zasmani, S. (2009). Psychological factors influencing truancy in high-risk secondary schools in Kuala Lumpur. Malaysian Journal of Psychiatry, 18(2),14-21.
Rosilawati, S., & Munirah, M.I. (2016). Excellent teachers' perceptions of the causes of disciplinary problems among secondary school students. INCULT Proceedings, 465-480.
Rozita, A.M., Rozita, A., Zalinah, A., Fazilah, M.O. (2018). Mobilising youth in crime prevention program: a case of Malaysia. International Journal of Law, Government and Communication, 3(7), 105-116.
Scott, E., Duell, N., & Steinberg, L. (2018). Brain development, social context and justice policy. Wash. U.J.L & Pol’y, 57, 13-74.
Soo, W.J. & Nor Ain, M.R. (2017, August 18). Leaked list of 402 Malaysian schools with disciplinary, drug issues: A wake-up call. New Straits Times. https://www.nst.com.my/news/nation/2017/08/269454/leaked-list-402-malaysian-schools-disciplinary-drug-issues-wake-call
Tie, F. (2012). Corporal punishment, suspension and expulsion for misconduct in Malaysian schools. Education Law Journal, 1, 32–38.
United Nations Guidelines for the Prevention of Juvenile Delinquency. (1990). (The Riyadh Guidelines): Resolution/adopted by the General Assembly
United Nations Standard Minimum Rules for the Administration of Juvenile Justice. (1985). (The Beijing Rules): Resolution/adopted by the General Assembly
United Nations Model Strategies and Practical Measures on the Elimination of Violence against Children in the Field of Crime Prevention and Criminal Justice (2015). United Nations.
Vercammen, K.A. (2021). Defending juvenile delinquency case. TYL, 22(2), 8-9.
Walker, L., Lind, E., & Thibaut, J. (1979). The relation between procedural and distributive justice. Virginia Law Review, 65(8), 1401-1420.
Wiley, S. A, & Esbensen, F. (2016). The effect of police contact: Does official intervention result in deviance amplification? Crime & Delinquency, 62(3), 283-307.
Wolfe, S. E, & Mclean, K. (2017). Procedural injustice, risky lifestyle and violent victimisation. Crime & Delinquency, 63(11), 1383–1409.
Zainal, K., Mohamad Salleh, N. (2008). The implementation of the penalty system program for vandalism in school: A case study. International Journal of Learning, 14(9), 123-131.
Zulkifli, A (2022, April 29). Langkawi viral bully video: 13 students released on police bail. New Straits Times. https://www.nst.com.my/news/crime-courts/2022/04/792821/langkawi-viral-bully-video-13-students-released-police-bail
