NCJ Number
166267
Date Published
1996
Length
11 pages
Annotation
This article describes ways the Italian juvenile justice system deals with children who kill.
Abstract
The Italian juvenile penal process envisages some special and innovative elements: (1) It does not vary on the basis of age but on the basis of chargeableness, i.e., having the capacity to intend and to exercise will. The child is chargeable only between the ages of 14 and 18; (2) The process is based on the assumption that the child is not guilty and until evidence is produced the court cannot proceed to make any final decision; (3) The ultimate aim of the process is the psychological and social rehabilitation of the child; and (4) The minor's physical presence is required during all phases of the process. Measures other than detention of the child are: house arrest, referral to a community, placement in the care of welfare services, and placement in a community. In the case of a punitive sentence the minor does not have to pay the legal expenses. The deviant minor is characterized by certain psychological characteristics, which are described in the article. An Italian penal trial involving minors begins with a preliminary hearing before a regular judge and two honorary judges who are expert in psychological issues. The trial proper takes place before a tribunal consisting of two regular and two honorary judges. In the case of conviction the adolescent may be sent to an institution for minors where he will serve a sentence which is always one-third of the punishment for an adult. The minor may ask to be assigned to a welfare service for a period equivalent to the sentence and participate in readjustment or rehabilitation programs. Tables