NCJ Number
133039
Date Published
1991
Length
9 pages
Annotation
After a review of the history of societal attitudes toward children, this paper examines how juvenile penal laws promote the positive value of children.
Abstract
Although current youth-protection provisions stem largely from traditional criminal law, there are two significant developments that have influenced a distinctive approach for juvenile offenders. The first development is that of criminology and penology. Positivism created the myth of humans' ability to construct social reality through behavioral choices. This translated into a social defense concept whereby society would protect itself against criminality and criminals would be protected from themselves. The second development was the application of these concepts to perceptions of juvenile delinquency. Children are viewed as an irresponsible minority group that must be protected from themselves. Yet just as society is viewed as having the capability of molding itself, so juveniles are also held responsible for molding their own behaviors. This ambivalent view of juveniles as both irresponsible and responsible has produced juvenile law with diverse attitudes as to whether or not minors should be liable to penalties for their deviant behaviors. Juvenile penal law must clearly define the rationale for intervention when juveniles do not comply with behavioral rules designed to ensure citizens' security and safety. When penalties are involved, however, penal law must protect juveniles from injustice and abuse. 7 references