NCJ Number
62078
Date Published
1977
Length
142 pages
Annotation
FOLLOWING A REVIEW OF THE EXISTING JUVENILE JUSTICE SYSTEM IN CANADA, THE PHILOSOPHY, LEGISLATION, STRUCTURE, AND OPERATION OF A PROPOSED JUVENILE JUSTICE SYSTEM ARE PRESENTED.
Abstract
THE EXISTING CANADIAN JUVENILE JUSTICE SYSTEM IS BASED ON THE BELIEF THAT THE JUVENILE COURT SHOULD ACT AS A SOCIAL AGENCY IN DIAGNOSING NEEDS AND PRESCRIBING SOLUTIONS FOR THE REHABILITATION OF JUVENILE OFFENDERS. SUCH AN APPROACH FALSELY ASSUMES THAT A JUVENILE JUDGE IS CAPABLE OF DETERMINING HOW TO REFORM A JUVENILE ON THE BASIS OF ONE COURT APPEARANCE. ALTHOUGH THE GOAL OF THE EXISTING SYSTEM IS LAUDABLE, ITS UNREALISTIC EXPECTATIONS FOR ITSELF LEAD TO FREQUENT UNFAIRNESS AND INEFFECTIVENESS IN THE TREATMENT OF JUVENILES. THE PROPOSED MODEL FOR A JUVENILE JUSTICE SYSTEM VIEWS THE JUVENILE COURT AS A COURT OF LAW RATHER THAN A SOCIAL AGENCY, UNDER WHICH JUVENILES ARE PROCESSED ACCORDING TO THE ADULT COURT MODEL, BUT WITH DIFFERENCES APPROPRIATE TO THE AGE OF THE OFFENDERS. UNDER THIS SYSTEM, LEGISLATION WOULD DETAIL ALL OFFENSES FOR WHICH A JUVENILE COULD BE CHARGED, AND PRESCRIBE SANCTIONS TO BE IMPOSED ON JUVENILES FOR VIOLATIONS. POLICE WOULD BE GIVEN DISCRETIONARY POWER REGARDING THE PROCESSING OF A JUVENILE CAUGHT IN AN OFFENSE, AND BASIC PRINCIPLES FOR USING THIS DISCRETION WOULD BE PROVIDED. PROCEDURES BEARING UPON DUE PROCESS AND A FAIR HEARING WOULD BE CLEARLY DELINEATED. TABULAR DATA AND A BIBLIOGRAPHY ARE PROVIDED. (RCB)