NCJ Number
212143
Journal
Harvard Law Review Volume: 115 Issue: 7 Dated: 2002 Pages: 1964-1987
Date Published
2002
Length
25 pages
Annotation
In profiling Scotland's Children's Hearing System and Jamaica's community-focused model of juvenile detention, this paper proposes an alternative legal environment in America that honors the rights of juvenile offenders.
Abstract
Prior to examining the juvenile justice systems in Scotland and Jamaica, the paper provides background on the original goals of creating a separate system for juvenile offenders and frames current perspectives on the effectiveness of America's juvenile justice system. The justifications for transferring juveniles to adult courts and incarcerating them in adult prisons are also reviewed, followed by a discussion of whether rehabilitation should be the goal of a reformed juvenile justice system. The juvenile justice systems in Scotland and Jamaica are then examined. While acknowledging that the juvenile justice systems of these two countries have their weaknesses, their strength lies in featuring community-based programs designed to help juvenile offenders develop new behaviors, social skills, and vocational aptitudes relevant to functioning responsibly in the community where they live. Such a strategy has apparently been more effective than detention in a training school or an adult prison. The goals of the American juvenile justice system should expand to include educating and reintegrating juveniles into society. A focus on individualized justice should identify the needs and behavioral patterns that have fostered the delinquent behavior in addition to holding the juvenile accountable for the harms that behavior has caused. Reformed behaviors and new skills should then be reinforced through guidance and continued supervision in various community contexts. 141 notes