NCJ Number
51483
Journal
Revue internationale de criminologie et de police technique Volume: 30 Issue: 4 Dated: (OCTOBER-DECEMBER 1977) Pages: 364-378
Date Published
1977
Length
15 pages
Annotation
CHANGES IN EUROPEAN SYSTEMS OF JUVENILE JUSTICE BROUGHT ABOUT BY THE ATTRIBUTION OF JUVENILE DELINQUENCY TO SOCIAL CAUSES AND BY RECOGNITION OF JUVENILES' RIGHT TO PROTECTION FROM AUTHORITARIAN CONTROL ARE DISCUSSED.
Abstract
IN THE PAST 15 YEARS SOCIOLOGISTS AND CRIMINOLOGISTS HAVE BEEN PROMOTING GUIDELINES FOR TREATMENT RATHER THAN PUNISHMENT OF DELINQUENTS. THE IMPETUS FOR THESE CHANGES HAS BEEN GIVEN BY JURISTS AND REFORMED DELINQUENTS, WHILE THE PROCESS OF CHANGE HAS BEEN CARRIED OUT BY JUVENILE JUDGES AND SOCIAL WORKERS. NEVERTHELESS, THE DIRECTION OF CHANGE FOLLOWS THE LINES OF THE ESTABLISHED LEGAL CODE: THE COUNTRIES WHICH BASE JUSTICE ON COMMON LAW AND HAVE A LONG COMMUNITY TRADITION (E.G., GREAT BRITAIN) ARE ESPECIALLY CONCERNED WITH THE DEFENSE OF INDIVIDUAL RIGHTS THREATENED BY INSTITUTIONS OF GROUPS, WHILE COUNTRIES WITH CENTRALIZED LEGAL SYSTEMS FOUNDED ON ROMAN LAW (E.G., FRANCE) ARE TURNING TO SOCIOEDUCATIONAL AND THERAPEUTIC SYSTEMS GEARED TO PREVENTION AND CURE. IN THE LATTER CASE, TREATMENT INSTITUTIONS AND TECHNIQUES LINK SOCIETY AND OFFENDERS, PROTECTING YOUNG PEOPLE FROM REPRESSIVE CONTACT WITH REPRESENTATIVES OF THE LAW AND HALTING REPRESSION BY ADULT GROUPS ESPECIALLY INTOLERANT OF JUVENILE OFFENSES. WITHIN SUCH SYSTEMS (E.G., IN FRANCE AND NORWAY), YOUNG ADULT DELINQUENTS AT RISK CHOOSE THE TYPE OF PUNISHMENT WHICH BEST SUITS THEIR CASES AND THE JUDGE, THE CENTRAL RESPONSIBLE PARTY UNDER ROMAN LAW, MUST RETHINK HOW HIS POWER IS TO BE USED. GRADUALLY, HUMANE, SOCIALLY AND EDUCATIONALLY ORIENTED JUSTICE WITHOUT PUNISHMENT EVOLVES. IT IS RECOMMENDED THAT ON A THEORETICAL LEVEL NOT ONLY THE MECHANISMS OF SOCIAL CONTROL BUT ALSO INTERPERSONAL RELATIONS BE CONSIDERED IN ACCOUNTING FOR CRIMINAL BEHAVIOR, AND THAT SOCIOLOGICAL DETERMINISM NOT BE PERMITTED TO REDUCE THE JUVENILE DELINQUENT TO AN OBJECT WITHOUT WILL OR EMOTION. CHANGES IN JUVENILE JUSTICE SYSTEMS SHOULD RESULT FROM NEGOTIATIONS BETWEEN YOUTHS AND ADULTS TO REDUCE CONFLICTS WHICH LEAD TO REJECTION AND EXCLUSION. A BIBLIOGRAPHY AND 15 NOTES ARE FURNISHED. --IN FRENCH. (INL)