NCJ Number
64576
Journal
QUADERNI DI CRIMINALOGIA CLINICA Volume: 19 Issue: 3 Dated: (SEPTEMBER 1977) Pages: 299-382
Date Published
1977
Length
84 pages
Annotation
TWO LEGAL DEFINITIONS OF JUVENILE DELINQUENCY ARE DISCUSSED IN TERMS OF THEIR CAPACITY FOR MEETING THE CHALLENGE OF POSTINDUSTRIAL SOCIETY.
Abstract
THE LEGAL CONCEPT OF JUVENILE DELINQUENCY FORMERLY INCLUDED OFFENSES THAT WOULD NOT BE CONSIDERED AS CRIMES IF COMMITTED BY ADULTS (STATUS OFFENSES). IN SOME COUNTRIES THIS ALL-INCLUSIVE DEFINITION OF JUVENILE DELINQUENCY WAS REPLACED BY THE CONCEPT OF VIOLATIONS OF CRIMINAL LAWS WHICH HAPPENED TO BE COMMITTED BY JUVENILES. THIS MORE PROGRESSIVE LEGAL CONCEPT IS NOT ACCEPTED IN ALL COUNTRIES, HOWEVER. EVEN IN THE UNITED STATES THE MAJORITY OF STATES STILL REGARD JUVENILE STATUS OFFENSES AS JUVENILE DELINQUENCY. WEST GERMANY AND ALSO A LARGE NUMBER OF COMMUNIST COUNTRIES HAVE ADOPTED THE MORE RESTRICTED DEFINITION. THE CONCEPT OF JUVENILE, AS DISTINGUISHED FROM ADULT, DELINQUENCY IS ARTIFICIAL AND QUESTIONABLE IN ITSELF, SINCE IT POSTULATES THE EXISTENCE OF TWO DIFFERENT AND SEPARATE WORLDS, THE WORLD OF YOUNG PEOPLE AND THE WORLD OF ADULTS. CONTEMPORARY SOCIETY, HERE REFERRED TO AS 'POSTINDUSTRIAL,' IS GROWING INCREASINGLY INTERDEPENDENT AND YET DEPERSONALIZED. NEW ROLES ARE EMERGING FOR YOUNG PEOPLE AND FOR STATE CONTROL OVER THEM, DUE TO THE BREAKDOWN OF BASIC FAMILY STRUCTURES. JUVENILE VIOLENCE IS INCREASING AT A MUCH HIGHER RATE THAN ADULT VIOLENCE AND, SINCE THE REASONS FOR IT CAN NO LONGER BE SOUGHT IN THE FAMILY ENVIRONMENT BUT IN THE LARGER SOCIOCULTURAL CONTEXT, THE STATE SHOULD TAKE OVER SOME PARENTAL FUNCTIONS, ESPECIALLY IN URBAN AREAS. THE CONCEPT OF 'COMMUNITY' ALSO NEEDS CLARIFYING AND REVISING, BECAUSE IT BECOME ALMOST MEANINGLESS IN AN URBAN ENVIRONMENT. THE PSYCHOLOGICAL, INDIVIDUALISTIC THEORIES USED TO EXPLAIN ALIENATION, AGGRESSION, AND VIOLENCE MUST BE SUPPLEMENTED BY SOCIOLOGICAL APPROACHES. QUESTIONS REGARDING JUVENILE DELINQUENCY RELATE TO THE IMPACT OF THE BREAKDOWN OF AUTHORITY IN ALL ITS FORMS AND OF THE UNPRECEDENTED INVOLVEMENT OF YOUNG PEOPLE, EVEN TEENAGERS, IN POLITICS; THE NEED FOR RELIABLE INTERNATIONAL JUVENILE CRIME STATISTICS; AND THE NEED FOR A UNIVERSALLY VALID LEGAL DEFINITION OF CRIME AS SUCH. DEVELOPING COUNTRIES ARE POSSIBLE FERTILE GROUNDS FOR INNOVATIVE CRIME CONTROL AND PREVENTION POLICIES, BECAUSE THEY ARE UNTRAMMELED BY TRADITION AND TIME-HALLOWED PREJUDICES. --IN ITALIAN. (LGR)