NCJ Number
52251
Date Published
1976
Length
34 pages
Annotation
A PROPOSED UNIFORM JUVENILE JUSTICE CODE PREPARED BY A COMMISSION OF LEGAL PERSONNEL FROM 10 COUNTRIES IS PRESENTED WITH COMMENTARY FOR CONSIDERATION BY EACH EUROPEAN COUNTRY.
Abstract
THE COMMISSION THAT PREPARED THE PROPOSED UNIFORM JUVENILE JUSTICE CODE EVOLVED FROM THE SALZBURG SEMINAR IN AMERICAN STUDIES WHICH PROVIDED A FORUM FOR THE INSTRUCTION OF AMERICAN LEGAL CONCEPTS TO EUROPEAN LAWYERS AND LEGAL SCHOLARS. THE CONTENTS OF THE JUVENILE JUSTICE CODE PREPARED FOR CONSIDERATION BY THE COUNTRIES OF EUROPE IS PRESENTED WITH COMMENTARY. THE CODE INTENDS TO PROVIDE A BALANCE BETWEEN THE DEMANDS FOR PUBLIC PROTECTION FROM CRIMINAL OFFENSES, THE PROVISION OF SERVICES APPROPRIATE TO THE NEEDS OF EACH JUVENILE OFFENDER, AND THE FULFILLMENT OF THE LEGAL REQUIREMENT THAT DUE PROCESS OF LAW BE ASSURED TO EACH JUVENILE WHO MAY SUFFER A LOSS OF LIBERTY THROUGH THE JUVENILE JUSTICE PROCESS. PART I OF THE SIX-PART CODE PRESENTS ITS PURPOSE TO PROVIDE FOR THE CARE AND PROTECTION OF CHILDREN, WHILE ASSURING PUBLIC SAFETY AND THE MAINTENANCE OF THE FAMILY. THE JURISDICTION AND ORGANIZATION OF A JUVENILE COURT ARE THE SUBJECTS COVERED IN PART II, WHERE EXCLUSIVE JURISDICTION IS ESTABLISHED IN THE JUVENILE COURT FOR THE FOLLOWING CATEGORIES OF CHILDREN: DELINQUENT, UNRULY, NEGLECTED, AND ABUSED. PART III OF THE CODE ASSURES EACH CHILD SUBSTANTIALLY THE SAME LEGAL RIGHTS AS AN ADULT CHARGED WITH A CRIMINAL OFFENSE AND REQUIRES THE JUVENILE COURT TO PROMULGATE PROCEDURAL RULES TO IMPLEMENT SUCH RIGHTS. PRELIMINARY PROCEEDINGS FROM ARREST UNTIL ADJUDICATION ARE TREATED IN PART IV, AND THE CONDUCT OF JUDICIAL FACTFINDING AND DISPOSITION HEARINGS ARE CONSIDERED IN PART V. THE FINAL SEGMENT OF THE CODE (PART VI) DEALS WITH THE SCOPE, NATURE, DURATION, AND REVIEWABILITY OF DISPOSITION ORDERS DECREED BY A JUVENILE COURT. COMMENTARY FOLLOWS THE PRESENTATION OF EACH MAJOR PART OF THE CODE. (RCB)