Role of Statistics and Public Opinion in the Implementation of International Juvenile Justice Standards

• NCJ Number: 209964
• Author(s): Carolyn Hamilton; Rachel Harvey
• Date Published: 2005
• Length: 37 pages
• Sponsoring Agency: United Nations High Commissioner for Human Rights
• Corporate Author: United Nations European Institute for Crime Prevention and Control (HEUNI)
• Sale Source: United Nations European Institute for Crime Prevention and Control (HEUNI)
• Publication Format: Document
• Publication Type: Issue Overview
• Language: English
• Country: Finland

Annotation

This paper addresses two interrelated impediments to the better implementation of the United Nations Convention on the Rights of the Child (UNCRC): the collection and analysis of data on juvenile offenders and public perceptions of the administration of juvenile justice.

Abstract

Articles 37, 39, and 40 of the UNCRC require ratifying states to put in place a juvenile justice system that ensures the rights contained in both the UNCRC and the U.N. Minimum Standards and Norms on Juvenile Justice; however, states have been slow to implement these Articles. The lack of empirical data and a good understanding of the political background and public attitude toward juvenile justice policy have hampered those seeking better implementation of the UNCRC. This paper notes that there is limited international data on the situation for juveniles in the criminal justice system. Data should address the court process, the time between arrest and trial, the availability of legal representation, the affordability of such representation, whether a child was tried in a juvenile court, and the number of juveniles in secure institutions. Further, implementation of the juvenile justice articles of the UNCRC requires political commitment to reform. The lack of public support for the juvenile justice provisions of the Convention is a fundamental problem for states. It is compounded by the failure of many states to adequately inform their citizens about the level and nature of juvenile offending, the administration of juvenile justice, and the effectiveness of attempts to address offending and rehabilitate offenders. This paper explores public opinion on juvenile justice and the main actors in forming that opinion, as well as approaches that might shift public opinion to a more welfare-based and less punitive juvenile justice structure, which would reflect the relevant articles of the UNCRC. A 38-item bibliography and appended case studies of South Africa and Bulger and the United Kingdom