NCJ Number
45555
Date Published
1977
Length
15 pages
Annotation
ADJUDICATION OF JUVENILE OFFENDERS IN ISRAEL BOTH BEFORE AND AFTER THE ISRAEL YOUTH LAW OF 1971 IS EXAMINED; AMBIVALENT ATTITUDES OF LEGISLATORS TOWARD JUVENILE DELINQUENCY ARE DISCUSSED.
Abstract
THE FIRST LEGISLATION CONCERNING THE ADJUDICATION OF JUVENILE OFFENDERS WAS ENACTED IN 1922 AND COVERED THREE AREAS: PUNISHMENT OF YOUNG OFFENDERS, PROBATION OF YOUNG OFFENDERS, AND MISCELLANEOUS. THE JUVENILE ORDINANCE OF 1937 WAS A TURNING POINT FOR THE TRYING OF JUVENILE OFFENDERS IN JUVENILE COURT AND FOR THE ESTABLISHMENT OF A PROBATION SERVICE. WITH THE ENACTMENT OF THE PROBATION OF OFFENDERS ORDINANCE IN 1944, THE PROBATION SERVICE WAS ENLARGED TO INCLUDE ADULT OFFENDERS AS WELL. AMENDMENTS TO THE 1937 AND 1944 ORDINANCES DEALT WITH WRITTEN PROBATION REPORTS AND THE EARLY RELEASE OF JUVENILE OFFENDERS WHO WERE COMMITTED TO AN EDUCATIONAL ESTABLISHMENT BY COURT ORDER. THE 1937 ORDINANCE WAS REPEALED AS OF AUGUST 23, 1971, ON THE OCCASION OF THE ENACTMENT OF THE YOUTH LAW. IT REGULATED THE COMPETENCE OF JUVENILE COURTS, POLICE INTERROGATION AND ARREST OF MINORS, THE STATUS OF PARENTS, AND THE APPOINTMENT OF DEFENSE COUNSEL. INNOVATIONS UNDER THE YOUTH LAW OF 1971 RELATING TO METHODS OF DISPOSAL (I.E., TREATMENT AND PUNISHMENT) INCLUDE THE POSSIBILITY OF SIMULTANEOUSLY ASSIGNING THE OFFENDER TO DIFFERENT TYPES OF TREATMENT, DAY CENTERS AS AN ALTERNATIVE TO OPEN OR CLOSED EDUCATIONAL ESTABLISHMENTS, AND IMPRISONMENT FOR THOSE WHO HAVE REACHED THE AGE OF 14 AT THE TIME OF SENTENCING. THE AUTHOR IS CRITICAL OF THE IMPRISONMENT PROVISION, WHICH HE CITES AS AN EXAMPLE OF A PUNITIVE APPROACH ON THE PART OF THE ISRAELI LEGISLATURE; OTHER PROVISIONS DEMONSTRATE A MORE LIBERAL ATTITUDE. NOTES ARE PROVIDED. (DAS)