NCJ Number
87642
Journal
Australian and New Zealand Journal of Criminology Volume: 15 Issue: 4 Dated: (December 1982) Pages: 245-254
Date Published
1982
Length
10 pages
Annotation
This article briefly summarizes the portion of the Commission's report recommending law reforms regarding children who commit offenses.
Abstract
The Commission's report addresses the needs vs. deeds debate but evades making a definitive choice between the punitive and therapeutic approaches. The report's procedural issues specify diversion, avoidance of stigma, comprehensible procedures, understanding, imaginative remedies, and variety and flexibility of dispositions as crucial elements of juvenile justice proceedings. The Commission also delineated guidelines for police decisions for prosecution or referral of juveniles and recommended that the Children's Court, presided over by a specialist magistrate decide cases against juvenile offenders with the assistance of a youth advocate at the dispositional stage. As a sentencing measure for juveniles, the Commission found discharge on recognizance objectionable because of the indecisiveness it implies, the uncertainty of the conditions that can be imposed, and the procedural problems arising upon commission of a further offense. Instead, the Commission recommends a conditional discharge, for a maximum duration of 6 months, with clear and specific conditions, and explicit instructions to the children that they may still be sentenced for the offense if they fail to fulfill discharge conditions. Five references and four footnotes are given.