Journal Assignment

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Comparative Criminal Justice Systems

Seventh Edition

Chapter 9

An International Perspective on Juvenile Justice

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Learning Objectives (1 of 2)

9.1 Describe some similarities and differences in delinquency among the various regions of the world

9.2 Explain the problems faced by the United Nations in trying to define a minimum age of criminal responsibility or the ages to which their juvenile justice standards should apply

9.3 Compare the welfare and justice models of juvenile justice

Learning Objectives (2 of 2)

9.4 Describe characteristics of the juvenile justice system in New Zealand and Italy and explain why they are considered examples of the welfare model

9.5 Describe characteristics of the juvenile justice system in China and in England and Wales and explain why they are considered examples of the justice model

Delinquency As a Worldwide Problem

Summary of United Nations report on delinquency

Youth are disproportionately represented in statistics on crime and violence, both as victims and as offenders

Delinquency is largely a group phenomenon and more likely to occur in urban than rural areas

Most first-time offenders do not reoffend

Diversion and other community-based measures are the best response to young offenders

Who Are Juveniles?

There is no agreement as to what age criminal responsibility begins

Models of Juvenile Justice (1 of 6)

Distinction is often between welfare (paternalistic) and justice (accountability) models

Welfare Model

Emphasis is on juvenile’s general well-being

Diversion from formal action is preferred

Sanctions should be treatment based

Justice Model

Juveniles considered rational and responsible for own actions

Hold them accountable, but follow procedures providing due process

Sanctions should be proportional to seriousness of offense

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Models of Juvenile Justice (2 of 6)

Consider approaches to juvenile justice as falling along a continuum

Models of Juvenile Justice (3 of 6)

New Zealand

Focus is on juvenile’s “needs” rather than “deeds”

Emphasis on reintegration of the offender into the community by involving offender, victim, and community members

Key aspect is the Family Group Conference, which operates as both an alternative to courts and as a post-charge mechanism to make recommendations for sentencing

Models of Juvenile Justice (4 of 6)

Italy

Legal requirement that prison be avoided to extent possible for those age 14-18

Result is several diversion opportunities

Pretrial options include:

Issue judicial pardon

Dismiss charges as insufficiently serious

Impose a pretrial sanction (e.g., treatments useful to child’s education, home confinement, placement in an educational community

Trial options

Include any penalty applicable to an adult

Penalties designed for minors

Models of Juvenile Justice (5 of 6)

China

No special substantive or procedural law dealing with juveniles

Criminal responsibility set at age 16

Youth 14-16 committing serious crimes are responsible but receive lesser punishment

Three categories of juvenile misbehavior

Juvenile misbehavior

Serious juvenile misbehavior

Juvenile criminal law violations

Models of Juvenile Justice (6 of 6)

England & Wales

Juvenile offenders are responsible persons to be held accountable and deserving of due process and proportional punishment

Age 10 starts criminal responsibility, with 10-17 subject to special procedures and penalties

Several diversion options, including some implemented by police or local authorities

In court, children essentially have same rights as do adult defendants—including right to appeal