NCJ Number
66581
Date Published
Unknown
Length
43 pages
Annotation
THE CONCEPT OF JUVENILE DELINQUENCY IS TRACED THROUGH NORTH AMERICAN LEGAL HISTORY, CANADIAN JUVENILE DELINQUENCY REGULATIONS ARE DISCUSSED, AND THE JUVENILE COURT SYSTEM IS ATTACKED.
Abstract
ANALYSIS OF THE JUVENILE DELINQUENCY CONCEPT IN NORTH AMERICA FROM THE CLOSE FAMILY STRUCTURE OF THE COLONIES TO THE FIRST CANADIAN LAW ON JUVENILE DELINQUENCY (1908) REVEALS TWO CONSTITUENT PARTS: (1) THE DELINQUENT'S BEHAVIOR AND (2) SOCIETY'S REACTION TO THE DELINQUENT. LIKE ENGLAND AND THE UNITED STATES, CANADA HAS CHOSEN TO DEAL WITH DELINQUENCY THROUGH A SPECIFIC COURT SYSTEM WHICH APPLIES TO ALL MINORS ABOVE THE AGE OF 7. JUVENILE COURTS WERE DEVELOPED AS A WAY TO PREVENT CRUEL PUNISHMENT OF CHILDREN BY SUBSTITUTING THE GOALS OF PROTECTION, 'PARENS PATRIAE,' (PATERNAL COURT AUTHORITY), AND REHABILITATION FOR FOR RETRIBUTION AND PUNISHMENT. HOWEVER, THE UNUSUALLY LOW AGE OF CRIMINAL RESPONSIBILITY, THE TYPE OF CRIMINALIZED OFFENSES (MANY OF WHICH CONCERN THE JUVENILE'S PRIVATE LIFE), THE VAGUE AND EXTENSIVE COURT JURISDICTION, AND THE ENSUING PROCESS OF SOCIAL STIGMATIZATION HAVE TRANSFORMED THE COURTS INTO REPRESSIVE AGENCIES POSING A THREAT TO JUVENILE LIBERTIES. THE LACK OF SUCCESSFUL REHABILITATION PROGRAMS LEADS EXPERTS TO SUSPECT THAT THE TREATMENT CONCEPT IS MERELY A PRETENSE FOR 'LOCKING AWAY' POTENTIALLY