NCJ Number
38167
Journal
Criminal Law Review Dated: (NOVEMBER 1976) Pages: 665-676
Date Published
1976
Length
12 pages
Annotation
AFTER A BRIEF REVIEW OF THE JUVENILE JUSTICE PHILOSOPHIES OF GREAT BRITAIN AND THE UNITED STATES, THIS PAPER EXAMINES THE PROVISIONS OF THE PROPOSED CANADIAN 'YOUNG PERSONS IN CONFLICT WITH THE LAW ACT'.
Abstract
IT IS NOTED THAT WHILE THE UNITED KINGDOM IS ATTEMPTING TO REDUCE JUDICIAL INVOLVEMENT IN THE PROCESSING OF JUVENILE, THE UNITED STATES IS MOVING TOWARD INCREASED CONCERN FOR CONSTITUTIONAL DUE PROCESS RIGHTS FOR JUVENILES. THE PROPOSED CANADIAN ACT COMBINES THESE TWO TRENDS, AS THE ACT AIMS TO STREGTHEN AND EXTEND LEGAL RIGHTS AND PROCEDURAL SAFEGUARDS FOR THOSE YOUTHFUL OFFENDERS WHO STAND TRIAL; YET, AT THE SAME TIME, PROPOSES ESTABLISHMENT OF AN ELABORATE MACHINERY FOR PRETRIAL DIVERSION AND DISPOSITION WHICH IS DESIGNED TO RETAIN THE OSTENSIBLE BENEFITS OF INFORMATITY AND FLEXIBILITY IN FREELY NEGOTIATED NON-JUDICIAL SETTLEMENTS OF CASES. THE PROVISIONS OF THE ACT ARE REVIEWED, INCLUDING THOSE ON JURISDICTION, LEGAL PROTECTIONS, SCREENING AND DIVERSION, AND CONTINUING REVIEW. (AUTHOR ABSTRACT MODIFIED)