NCJ Number
60815
Journal
Monatsschrift fuer Kriminologie und Strafrechtsreform Volume: 61 Issue: 5 Dated: (OCTOBER 1978) Pages: 337-350
Date Published
1978
Length
14 pages
Annotation
THE EDUCATIONAL INTENTIONS OF JUVENILE PRETRIAL DETENTION, IN PARTICULAR THOSE CASES NOT COVERED BY THE WEST GERMAN JUVENILE CRIMINAL JUSTICE ACT, ARE EXAMINED.
Abstract
THE PROVISIONS OF THE JUVENILE CRIMINAL JUSTICE ACT CONCERNING DETENTION PENDING TRIAL ARE RARELY ENFORCED. ALTHOUGH THE CODE SPECIFICALLY RECOMMENDS THE USE OF MORE THERAPEUTIC ALTERNATIVES, MANY JUVENILE JUDGES IMPOSE PREVENTIVE DETENTION BECAUSE THEY BELIEVE IN ITS EDUCATIONAL VALUE. 'RISK OF ESCAPE' AND 'STRONG SUSPICION OF CRIME' ARE THE OFFICIAL REASONS PROVIDED IN THE COURT DECISIONS, YET RESEARCH INDICATES THAT THE JUDGES WILL IMPOSE DETENTION BEFORE TRIAL FOR EDUCATIONAL REASONS RATHER THAN FOR PURPOSES OF SECURITY. THERAPEUTIC MOTIVES ARE SEEN AS A MEANS OF PROMPT CRISIS INTERVENTION THROUGH THE OFFENDERS' REMOVAL FROM AN UNSUITABLE ENVIRONMENT AND A BEGINNING OF A LONGTERM THERAPEUTIC PROGRAM. BECAUSE OF LEGAL PROBLEMS AND BECAUSE OF THE PRISON ATMOSPHERE WHICH IS UNCONDUCIVE TO LEARNING, THESE EDUCATIONAL FUNCTIONS CANNOT BE ADEQUATELY FULFILLED. IT IS THEREFORE SUGGESTED THAT DETENTION PENDING TRIAL BE RESTORED TO ITS FORMER SUBSIDIARY IMPORTANCE. THE CREATION OF PARTICULAR CLOSED FACILITIES FOR JUVENILES AND YOUNG ADULTS AWAITING TRIAL IS RECOMMENDED. ALSO THE LEGAL PREREQUISITES FOR IMPOSING A THERAPEUTIC CONFINEMENT BEFORE THE TRIAL SHOULD BE EXTENDED TO CLEARLY DEFINE SUCH EDUCATIONAL INTENTS AS IMMEDIATE CRISIS INTERVENTION AND INTRODUCTION TO LONGTERM THERAPY. THE ARTICLE CONTAINS EXTENSIVE ANNOTATIONS. --IN GERMAN. (SAJ)