NCJ Number
161987
Date Published
1996
Length
36 pages
Annotation
JUSTICE, a British working party of leading lawyers and child-development experts, presents its report on its analysis of current British procedures for adjudicating juveniles in murder and manslaughter cases and proposes reforms.
Abstract
The working party examined current British law and practice against principles of fairness in domestic and international human rights law, as well as in the context of the insights of developmental psychology. The latter discipline provides two significant insights that underpin the working party's proposals. The first is that children who commit homicide are likely to be seriously mentally and emotionally disturbed. This will, in all probability, mean that they need to be detained, but it also means that they need treatment. The second insight is that children are different from adults, both in their ability to reason and to foresee consequences and in the fact that they are subject to maturation and significant change. This report assesses what is needed in policy and procedures from the perspectives of both children and society, including victims. It addresses the appropriate procedures for determining the facts and the culpability of children in homicide cases; the principles and procedures that should underpin their sentencing; the purposes of their detention; and the criteria and processes that should determine their release. The report highlights the inadequacies of the current system and then proposes changes designed to meet the requirements of law and child development, while ensuring society's protection. In some cases, the working party presents firm proposals for reform; in other instances, it indicates a preferred solution, which may need further detailed consultation. 30-item bibliography and references and appended statistics (2 tables) and comparative European systems