NCJ Number
38166
Journal
Criminal Law Review Dated: (NOVEMBER 1976) Pages: 656-665
Date Published
1976
Length
10 pages
Annotation
THIS ARTICLE IDENTIFIES THE ROOTS OF THE CONFLICT BETWEEN TREATMENT AND PUNISHMENT IN THE BRITISH JUVENILE JUSTICE SYSTEM, AND CRITICALLY ASSESSES TRENDS IN JUVENILE COURT POLICY AS EXEMPLIFIED IN A 1976 WHITE PAPER.
Abstract
ORIGINALLY, THE BRITISH JUVENILE COURTS FUNCTIONED IN MUCH THE SAME WAY AS ADULT CRIMINAL COURTS. HOWEVER, THE EVOLUTION OF THESE COURTS HAS BEEN TOWARDS A DUAL PHILOSOPHY OF CONTROL AND TREATMENT - A POSITION WHICH THE AUTHORS FIND TO BE INHERENTLY CONTRADICTORY. IN 1969, THE BRITISH CHILDREN AND YOUNG PERSONS ACT WAS IMPLEMENTED. THIS ACT CONTINUED THE DUAL POLICIES OF TREATMENT AND CONTROL. THE AUTHOR NOTES, HOWEVER, THAT THE DUAL MODEL PROPOSED IN THE ACT NEVER CAME TO FRUITION, AND EXAMINES SOME OF THE POSSIBLE REASONS FOR THE FAILURE OF THE CHILDREN AND YOUNG PERSONS ACT. CHIEF AMONG THESE, THE AUTHORS CONTEND, WAS THE ASSUMPTION THAT THOSE ASKED TO PARTICIPATE IN THE OPERATION OF THE ACT SHARED A COMMON VIEW OF THE APPROPRIATE WAY OF HANDLING DELINQUENTS. THEY CONTEND THAT WHILE POLICE, TEACHERS, MAGISTRATES, AND SOCIAL WORKERS MAY ALL SHARE THE GOAL OF DELINQUENCY PREVENTION, THERE IS LITTLE AGREEMENT ON THE METHODS OF ACHIEVING THAT OBJECTIVE. FINALLY, THE AUTHORS CRITICIZE THE GOVERNMENT'S RESPONSE TO A SUBCOMMITTEE REPORT ON THE OPERATION OF THE CHILDREN AND YOUNG PERSONS ACT, CLAIMING THAT THE GOVERNMENT'S RECOMMENDATIONS STILL WAIVER BETWEEN THE POLICY OF PUNISHMENT AND THE POLICY OF TREATMENT. IT IS CONCLUDED THAT A FIRM COMMITMENT TO ONE OR THE OTHER OF THSES POLICIES IS NEEDED.