NCJ Number
49769
Date Published
1978
Length
335 pages
Annotation
THE HISTORY AND OPERATIONS OF JUVENILE JUSTICE SYSTEMS IN ENGLAND AND WALES, SCOTLAND, AND UNITED STATES ARE ANALYZED AND COMPARED.
Abstract
THREE APPROACHES TO JUVENILE JUSTICE ARE IDENTIFIED: CRIMINAL JUSTICE, WELFARE, AND COMMUNITY. IT IS CONTENDED THAT THE JUVENILE JUSTICE SYSTEM PROVIDES A MEETING PLACE FOR THESE APPROACHES. HERE THE CHILD AS A THREAT TO SOCIETY, THE CHILD WHOSE POTENTIAL IS BEING RESTRICTED, AND THE CHILD WHO IS THE VICTIM OF THE COMMUNITY MEET IN THE ACTUAL PERSON OF AN INDIVIDUAL CHILD WHO COMES TO THE ATTENTION OF THE SYSTEM. THROUGH THE SYSTEM, SOCIETY EITHER MANAGES OR FAILS TO ACHIEVE A COMPROMISE AMONG THE COMPETING APPROACHES. THE SYSTEM MUST BALANCE THE CHILD'S RIGHTS AGAINST HIS NEEDS, AND SOCIETY'S RIGHT TO PROTECTION AGAINST ITS NEED FOR INDIVIDUALS WHO HAVE DEVELOPED TO THEIR FULL POTENTIAL. IT IS ARGUED THAT THE BALANCE IN JUVENILE JUSTICE IS DETERMINED BY THE HISTORY OF THE SYSTEM, THE LEGAL STRUCTURE AND LEGISLATION WITHIN WHICH IT OPERATES, AND THE WAY IN WHICH PEOPLE INVOLVED IN THE SYSTEM EXERCISE THEIR DISCRETION. THESE CONCEPTS ARE EXPLORED IN THE CONTEXT OF JUVENILE JUSTICE HISTORY, OPERATIONS, AND LAW IN ENGLAND AND WALES, SCOTLAND, AND THE UNITED STATES. SEPARATE CHAPTERS DEAL WITH THE OPERATION AND MANAGEMENT OF DISCRETION, AND WITH CONTINUING CONCERNS IN JUVENILE JUSTICE AND NEW FORMS OF INTERVENTION (YOUTH SERVICE BUREAUS, INTERMEDIATE TREATMENT, COMPULSORY TREATMENT). A 22-PAGE BIBLIOGRAPHY IS PROVIDED. FOR SELECTED READINGS, SEE NCJ 49770-49780. (AUTHOR ABSTRACT MODIFIED--LKM)