NCJ Number
110079
Journal
Catholic University Law Review Volume: 35 Issue: 2 Dated: (Winter 1986) Pages: 385-431
Date Published
1986
Length
47 pages
Annotation
This article argues that because Scotland's juvenile justice system has strengths closely addressing weaknesses in the American system, Americans should give serious consideration to adapting it for use in the United States.
Abstract
Two principal approaches used in American juvenile courts are analyzed: the adversarial and the protective. Reasons why these approaches have not been successful are explained. Three major advantages of the children's hearing system in Scotland are noted to be (1) the separation of the adjudication and disposition functions, (2) systematic review of disposition and the flexibility to make adjustments to dispositions, and (3) the development of a sense of community. While the Scottish system acknowledged to have some flaws, a major strength of the system is the creation of volunteer citizen panels who exercise actual authority in deciding how children's cases will be handled. These panels are well-trained to act in the best interests of each delinquent child. It is concluded that a pilot system, based on the Scottish model, should be tried in the United States. 153 footnotes.