MORAL QUESTIONS IN THE JUVENILE JUSTICE SYSTEM (FROM JUVENILE JUSTICE - THE HUMAN DIMENSION - HIGHLIGHTS OF THE PROCEEDINGS, 1978, BY LADY BROWN AND JUNE BERRY - SEE NCJ-50131)

• NCJ Number: 50137
• Author(s): D O NATHAN
• Date Published: 1978
• Length: 5 pages
• Corporate Author: Junior League of Lubbock, Inc; Texas Cmtte for the Humanities and Public Policy; National Endowment for the Humanities
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

MORAL QUESTIONS INVOLVING JUVENILE JUSTICE ARE PRESENTED INCLUDING ISSUES OF RESPONSIBILITY ON THE PART OF THE OFFENDER, THE RIGHT TO PUNISHMENT, AND THE JUSTIFICATION OF A SEPARATE SYSTEM FOR JUVENILES.

Abstract

THE ISSUE OF JUVENILE RESPONSIBILITY AND GUILT IS DISCUSSED IN RELATION TO THE JUVENILE JUSTICE SYSTEM WHICH IS BUILT ON THE CONCEPT THAT MINORS CANNOT BE HELD MORALLY CULPABLE FOR CRIMINAL BEHAVIOR. THIS CONCEPT HAS RESULTED IN THE EMPHASIS ON TREATMENT FOR MINOR OFFENDERS RATHER THAN PUNISHMENT. SINCE TREATMENT CAN TAKE LONGER THAN AN ADULT SENTENCE AND INVOLVES AN ATTEMPT TO MOLD THE BEHAVIOR OF THE CHILD INTO THAT WHICH IS SOCIALLY ACCEPTABLE, IT IS QUESTIONABLE WHETHER TREATMENT AS OPPOSED TO PUNISHMENT IS A FAIR PENALTY FOR JUVENILE OFFENDERS. A JUVENILE'S RIGHTS MUST BE CONSIDERED AND BALANCED AGAINST THE NEED TO PROTECT SOCIETY. THE EXISTENCE OF STATUS OFFENSES SHOULD BE EVALUATED ALSO IN RELATION TO THE JUVENILE'S RIGHT TO FREEDOM AND SELF-DETERMINATION. (DAG)