NCJ Number
74403
Journal
International and Comparative Law Quarterly Volume: 26 Dated: (April 1977) Pages: 445-467
Date Published
1977
Length
23 pages
Annotation
The juvenile justice systems in operation in the United States, the United Kingdom, and Canada are briefly reviewed and the Young Persons in Conflict with the Law Act, pending before the Canadian Parlianment, is discussed.
Abstract
The United Kingdom has been trying to reduce judicial involvement in the processing of juveniles in favor of voluntary agreements and cooperative settlement of cases. The United States, on the other hand, has moved toward greater emphasis on constitutional due process rights for juveniles, as shown in provisions of the Juvenile Justice and Delinquency Prevention Act of 1974. Canadian legislative competence over juveniles is fragmented as a result of the constitutional distribution of power between the central government and the provinces; further, Canadian juvenile courts specifically restrict rights of appeal, exclude statutes of limitation in relation to the prosecution of summary offenses, and have no formal rules of procedure governing either trial or disposition. The proposed Canadian act is based on the concept of nonjudicial settlement of cases, as practiced in the United Kingdom, and on a concern with the protection of children's rights (but with limitations on judicial intervention), as found in the United States. Jurisdiction is reduced by raising the minimum age from 7 to 14 and by replacing an omnibus definition of delinquency with specific prohibitions in Canadian criminal statutes. Increased rights include utilization of the least constraining form of pretrial detention possible, separate confinement of children and adults, provision for informing youth concerning their rights, limitations on pretrial interrogation, and use of adult court evidentiary procedures. Additional rights are constraints on transferring juveniles to adult courts, elimination of indeterminate sentencing, adoption of adult appeal rights, and increased protection of privacy. The bill also establishes a screening agency to divert youth from the court system and establishes a mandatory system of ongoing reviews of offender progress. While the new legislation offers an opportunity to test new juvenile justice practices, its decreased emphasis on Federal involvement may encourage the development of coercive practices at the municipal or provincial levels.