CONVERGENCES AND DIVERGENCES IN MATTERS OF THE JUDICIAL PROTECTION OF MINORS

• NCJ Number: 60323
• Journal: Revue de science criminelle et de droit penal compare Issue: 1 Dated: (JANUARY-MARCH 1979) Pages: 47-62
• Author(s): J CHAZAL; H MOLINES; J VERIN
• Date Published: 1979
• Length: 16 pages
• Corporate Author: Editions Sirey
• Sale Source: National Institute of Justice/
• Publication Format: Article
• Language: French
• Country: France
• Note: AN ENGLISH SUMMARY TRANSLATION OF THIS DOCUMENT IS AVAILABLE FOR SALE BY NCJRS. SPECIFY NCJ 78595

Annotation

CHANGING PRINCIPLES OF JUVENILE JUSTICE IN 23 COUNTRIES WERE STUDIED BY THE PARIS INSTITUTE OF COMPARATIVE LAW COMMISSION WHICH SENT QUESTIONNAIRES TO SOCIAL WORKERS, EDUCATORS, AND JUVENILE JUSTICE STAFF IN 1973.

Abstract

RESPONDENTS TO THE FRENCH COMMISSION'S STUDY INCLUDED THE FOLLOWING COUNTRIES: AUSTRIA, BELGIUM, BRAZIL, CANADA, SPAIN, FRANCE, THE FEDERAL REPUBLIC OF GERMANY, VENEZUELA, HUNGARY, SWEDEN, DENMARK, SWITZERLAND, GREAT BRITAIN, ITALY, AND YUGOSLAVIA. RESPONSES TO THE QUESTIONNAIRE REVEALED MANY SIMILAR TENDENCIES ON ESSENTIAL ISSUES. THE PROTECTIVE AND EDUCATIVE POWERS OF JUVENILE MAGISTRATE INTERVENTION ARE NO LONGER QUESTIONED. MINORS CANNOT BE TRIED WITHOUT THE JUDICIARY'S INSPECTION OF INFORMATION CONCERNING THE JUVENILE'S CHARACTER, PERSONALITY, SOCIAL ENVIRONMENT, AND FAMILY BACKGROUND. THE JUVENILE MAGISTRATE SHOULD INTERVENE DURING TREATMENT IN MOST COUNTRIES; IN SOME COUNTRIES THAT INTERVENTION IS LIMITED BY LAW TO THE PRONOUNCEMENT OF A CHANGE IN SENTENCE. IN OTHER COUNTRIES, JUVENILE MAGISTRATES HAVE BEEN GIVEN MORE POWER IN ENFORCING EDUCATIVE MEASURES OR HAVE BEEN RELEGATED TO A MORE SOCIOADMINISTRATIVE ROLE IN INTERVENTION. CRITERIA FOR DETERMINING WHETHER OR NOT A JUVENILE IS AT RISK VARY SLIGHTLY FROM COUNTRY TO COUNTRY. ALL COUNTRIES WERE CONCERNED WITH THE PROBLEM OF DELINQUENCY PREVENTION, BUT THE IMPORTANCE OF THE POLICE IN PREVENTION RANGED FROM VERY IMPORTANT TO VERY LIMITED. THE POWER OF THE JUDGE TO IMPOSE EDUCATIVE SENTENCES ON JUVENILE DELINQUENTS IS ALMOST UNCONTESTED IN ALL COUNTRIES. MANY COUNTRIES MENTIONED CONFLICTS BETWEEN JUVENILE MAGISTRATES AND SOCIAL SCIENCE SPECIALISTS; THEY ALSO AGREED THAT JUVENILES HAVE BECOME LESS COOPERATIVE IN RESPONDING TO JUVENILE MAGISTRATES' ORDERS. IT WAS GENERALLY FELT THAT JUVENILE MAGISTRATES SHOULD RECEIVE SPECIALIZED TRAINING IN JUVENILE PROCEDURES AND THAT ALL TECHNIQUES USED IN THE JUDICIARY PROTECTION OF JUVENILE DELINQUENTS AND JUVENILES-AT-RISK SHOULD BE EXTENDED TO ANY SITUATION INVOLVING MINORS. RESPONSES SHOWED A CONVERGENCE AMONG COUNTRIES IN LEGISLATION AND JUVENILE PROCEDURES WHILE DEMONSTRATING DIFFERENCES THAT REFLECT NATIONAL UNIQUENESS. --IN FRENCH. (MHP)