NCJ Number
133038
Date Published
1991
Length
13 pages
Annotation
The article criticizes the lack of distinction between endangered juveniles and juvenile offenders in the Portuguese juvenile code.
Abstract
The guiding principle of the Portuguese juvenile justice code is that juveniles cannot not receive criminal punishment regardless of their offense and their degree of maturity. Thus, all juveniles are subjected to individualized correctional measures which emphasize rehabilitation rather than punishment. However, this system creates unfair treatment for two types of juveniles. First, statistics indicate that juveniles who exhibit such vague problem behaviors as "loitering" and "lack of discipline" are frequently sentenced to the most serious correctional measure available; commitment to a rehabilitative facility. Despite the protective intent of the judges, this stigmatization of juveniles who belong predominantly to the poorer classes is unjust. Second, juveniles who have committed such serious offenses as murders or violent robberies are also committed to rehabilitative facilities, although they deserve a more severe punishment. The author whole-heartedly supports the rehabilitative spirit of the juvenile code, but she demands a clear division between endangered juveniles and juvenile offenders in their treatment by the juvenile courts. Bibliography included