👮Comparative Criminal Justice Systems Unit 6 – Juvenile Justice in Comparative Systems

Key Concepts and Definitions

• Juvenile justice system encompasses the laws, policies, and practices for handling youth who are accused of violating the law
• Delinquency refers to illegal behaviors committed by minors which can include crimes like theft, assault, and drug offenses
• Status offenses are acts that are prohibited due to an individual's age (truancy, running away, curfew violations)
• Diversion programs provide alternatives to formal court processing for youth offenders such as counseling or community service
• Restorative justice focuses on repairing harm caused by criminal behavior and involving victims, offenders, and the community in the process
  • Includes practices like victim-offender mediation and family group conferencing
• Detention involves holding youth in secure facilities before adjudication or disposition of their case
• Recidivism is the tendency for a convicted criminal to reoffend

Historical Context of Juvenile Justice

• Early juvenile justice systems emerged in the late 19th century to provide separate treatment for youth offenders
  • First juvenile court established in Cook County, Illinois in 1899
• Based on the doctrine of parens patriae, the state has a responsibility to intervene and protect the interests of children
• Progressive Era reformers sought to rehabilitate rather than punish juvenile offenders
  • Emphasized individualized treatment and addressing underlying causes of delinquency
• Throughout the 20th century, juvenile courts expanded their jurisdiction and adopted more formal procedures
• In re Gault (1967) U.S. Supreme Court decision established due process rights for juveniles (right to counsel, notice of charges, confrontation of witnesses)
• Get Tough Era of the 1980s and 1990s led to more punitive policies for juvenile offenders
  • Lowered age of transfer to adult court and expanded use of detention

Theories of Youth Crime and Delinquency

• Social disorganization theory posits that crime and delinquency are more likely in communities with weak social institutions and lack of informal social control
• Strain theory suggests that delinquency results from the frustration of not being able to achieve socially valued goals through legitimate means
  • Focuses on the disjuncture between cultural goals (wealth, status) and the means to attain them
• Social learning theory emphasizes the role of peer influence and observational learning in the development of delinquent behavior
• Labeling theory argues that formal societal responses to deviant behavior (arrest, adjudication) can lead to a self-fulfilling prophecy of further delinquency
• Developmental theories recognize that patterns of offending vary over the life course and are influenced by individual, social, and environmental factors
  • Moffitt's (1993) dual taxonomy distinguishes between adolescence-limited and life-course persistent offenders
• Biosocial theories explore the interaction between biological factors (genetics, brain development) and social influences on delinquent behavior

Juvenile Justice Models Across Countries

• Welfare model prioritizes the best interests of the child and emphasizes rehabilitation over punishment
  • Prevalent in Scandinavian countries like Sweden and Denmark
• Justice model treats juvenile offenders similar to adults with a focus on accountability and due process rights
  • Reflected in more punitive policies in the United States in the late 20th century
• Participatory model involves the offender, victim, and community in decision-making processes
  • Incorporates restorative justice principles and is used in countries like New Zealand and Northern Ireland
• Some countries (Germany, Croatia) have adopted a mixed model that combines elements of welfare and justice approaches
• International instruments like the UN Convention on the Rights of the Child (1989) establish standards for the treatment of juveniles in conflict with the law
  • Emphasize the use of diversion and alternatives to detention whenever possible

Legal Frameworks and Age of Responsibility

• Age of criminal responsibility determines the minimum age at which a person can be prosecuted and punished for a crime
  • Varies widely across countries, ranging from 7 years old (Pakistan, Nigeria) to 18 years old (Belgium, Brazil)
• Most countries have separate legal provisions and procedures for dealing with juvenile offenders
  • May include specialized juvenile courts, separate sentencing guidelines, and confidentiality protections
• Some countries (France, Japan) allow for the transfer of serious juvenile cases to adult criminal court
  • Often based on the nature of the offense and the age of the offender
• International guidelines (Beijing Rules, 1985) recommend setting the age of criminal responsibility not too low and considering the emotional, mental and intellectual maturity of the child
• Doli incapax presumption in some common law countries (Australia, Canada) assumes that children under a certain age (usually 14) lack the capacity to form criminal intent

Juvenile Courts and Proceedings

• Juvenile courts handle cases involving youth accused of delinquency, status offenses, and abuse/neglect
  • May also have jurisdiction over other matters like adoption and child custody
• Proceedings are typically less formal than adult criminal trials with a focus on the best interests of the child
  • Judges have more discretion in decision-making and may consider social, psychological, and educational factors
• Intake process involves screening cases to determine whether formal court intervention is necessary
  • May result in diversion to community-based programs or informal probation supervision
• Adjudicatory hearings determine whether the juvenile committed the alleged offense based on a preponderance of the evidence standard
• Disposition hearings determine the appropriate sentence or treatment plan for the juvenile
  • Can include probation, community-based sanctions, or commitment to a residential facility
• In some countries (Scotland, Pakistan), juvenile cases are heard by a panel of lay judges or community members rather than a professional judge

Rehabilitation vs. Punishment Approaches

• Rehabilitation seeks to address the underlying causes of delinquency and promote positive behavioral change
  • May involve counseling, education, vocational training, and family interventions
• Punishment focuses on holding offenders accountable for their actions and deterring future crime
  • Includes sanctions like fines, community service, and incarceration
• Balanced and restorative justice (BARJ) model aims to balance the needs of the offender, victim, and community
  • Incorporates elements of both rehabilitation and accountability
• Research suggests that rehabilitative approaches are more effective in reducing recidivism than punitive measures
  • Lipsey's (2009) meta-analysis found that therapeutic interventions reduced recidivism by an average of 10-13%
• Some countries have shifted towards a more punitive approach in response to public concerns about juvenile crime
  • United States lowered the age of transfer to adult court and expanded the use of mandatory minimum sentences in the 1990s
• Critics argue that punitive policies disproportionately impact minority youth and do little to address the root causes of delinquency

Current Challenges and Reform Initiatives

• Overrepresentation of minority youth in the juvenile justice system is a persistent problem in many countries
  • African American youth in the U.S. are 4.6 times more likely to be incarcerated than white youth
• Mental health and substance abuse issues are prevalent among justice-involved youth
  • Estimates suggest that 50-75% of youth in detention have a diagnosable mental health disorder
• Inadequate funding and resources for community-based alternatives to incarceration
  • Many jurisdictions struggle to provide effective prevention and intervention services
• Lack of coordination between juvenile justice, child welfare, and education systems
  • Youth often have complex needs that require a multi-system response
• Restorative justice programs have expanded in many countries as an alternative to traditional court processing
  • Research suggests they can increase victim satisfaction and reduce recidivism
• Some countries (Germany, Netherlands) have raised the age of criminal responsibility to 18 and expanded the use of diversion and community-based sanctions
• International initiatives like the Juvenile Justice Without Borders project aim to promote cross-national learning and best practices in juvenile justice reform