NCJ Number
112694
Journal
Crime and Delinquency Volume: 34 Issue: 4 Dated: (October 1988) Pages: 467-485
Date Published
1988
Length
19 pages
Annotation
This article examines recent trends toward legalism in North America and compares them with juvenile justice system policies in France.
Abstract
Despite a downturn in delinquency in North America, the juvenile justice systems and public act as if there had been an increase, and calls for get-tough policies are common. In the United States and Canada, legislation such as the Juvenile Justice Delinquency Prevention Act and the Young Offenders Act have provided more legal protections for juveniles, have emphasized youths' accountability, and have also decreased the flexibility of the juvenile justice system. In France, emphasis is placed on keeping juveniles in normal community settings, and relatively few youth are placed in closed custody. The French police do not lay charges, but simply refer the case to a magistrate who may screen the case out or send it to the juvenile court judge. About 90 percent of referrals are dealt with informally in the judge's office, but in more serious cases, youth are referred to formal trial. In both formal and informal hearings, French youths are active participants; and the process is nonadversarial. When a juvenile is being helped, the notion of punishment is set aside. For example, if a juvenile leaves a group home, it is not considered an offense; nor is incarceration used when a youth fails to obey administrative rules. This paternalistic French system pays minimal attention to due process, but it may avoid some of the negative aspects of the North American systems, while providing services that are more effectively used. 21 references. (Author abstract modified)