NCJ Number
133040
Date Published
1991
Length
9 pages
Annotation
The article argues that the procedural guarantees for Belgian juveniles are insufficient.
Abstract
The absence of guarantees is shown in three aspects of the court proceedings. First, although Belgian juveniles can sometimes testify in their own behalf, numerous court proceedings (for example, hearings concerning custody and visitation in divorce cases, adoption, and juvenile marriages) exclude juvenile testimony. Second, as soon as juveniles are suspected of a crime, the juvenile court takes control of their lives. Although the court's custody is equivalent to the adult's detention pending trial, juveniles have none of the legal recourse (such as the right to protest within 24 hours) that adults have. In addition, the same judge who takes custody later presides at the trial, so that many juveniles are reluctant to risk the judge's sympathy through a protest. Last, juveniles are unjustly denied access to that part of their court file that deals with their home life and personality. A short bibliography is included.