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Treatment of Young Delinquents in Spain and the Basque Country From 1936 to 1978

NCJ Number
72588
Journal
International Journal of the Sociology of Law Volume: 8 Issue: 3 Dated: (August 1980) Pages: 277-296
Author(s)
A Beristain
Date Published
1980
Length
20 pages
Annotation
The development of penal legislation and practices for dealing with juvenile delinquents in Spain is discussed for the years 1936 to 1978.
Abstract
From the beginning of the Spanish Civil War (1936) to the death of General Franco (1975), the juvenile courts (Tribunales Tutelares de Menores) which were charged wih the re-education of minors were directed by people who were both nationalistic and Catholic and who lacked professional backgrounds. Infractions against the laws of the Fatherland and God were punished with special severity. The dominant economic class created, imposed, and applied severe punishments on the children from families of lesser economic and cultural means, and children from wealthy famillies never appeared before the courts. Convicted juveniles were housed in overcroweded prisons where they were cared for by untrained personnel. These children were trained to earn their living amongst workers and thus to remain in a dependent status. Criticism of the juvenile justice system was forbidden, and only statements praising the system were published. After the death of Franco, radical criticism spread rapidly, with the help of the mass media. A number of organizations began to work for improvements in the social reintegration of delinquents. New legislation provided that the courts and prisons would be staffed by personnel who had been educated in law, economics, social work, or education, and that minors would receive juridical protection. Present trends are towards intensifying professionalization and secularization, and towards the treatment of delinquents in special centers located in their communities. Tables and graphs with data on the handling of juveniles, footnotes and a list of 9 references are included.