ns include the police, courts, public prosecutors, prosecutorial agents, prisons, probation service and management of correctional institutions for minor children.
1.1.1 The models of Juvenile Justice, there are several different models of juvenile justice:
) Anglo-American;
) Continental;
) Scandinavian.
. 2 Juvenile Court
The central element of the juvenile justice system is the juvenile court. Within its competence it deals with criminal, civil and administrative cases, in which one of the parties is a minor child. The main objectives of the juvenile courts are to protect children and their rehabilitation.
1.2.1 Functions of Juvenile Court (child) is called the court which, within its competence considers criminal, civil and administrative cases in which one of the parties is a minor child. The main objectives of the juvenile courts are to protect children and their rehabilitation. juvenile court deals with such questions:
) child neglect;
) status offenses;
) criminal offenses.
. 3 The history of Juvenile Justice
problem of how to deal with juvenile offenders has plagued society since before the establishment of the first juvenile court in 1899. Prior to that development, delinquent juveniles were processed through the adult court and often received harsh punishment. By 1945 році, separate juvenile courts existed in every state. Like the adult system, throughout most of the 20th century, the juvenile justice system was based upon a medical/rehabilitative model. The original goals of the juvenile court were to investigate, diagnose, and prescribe treatment for offenders, not to adjudicate guilt or fix blame. The court operated under the doctrine of «parens patriae» that meant that the state would step in and act as a parent on behalf of a misbehaving juvenile. Proceedings were informal and a juvenile court judge had an enormous amount of discretion in the disposition of juvenile cases, much like the discretion afforded judges in adult criminal settings until the 1970s. was the central criminal law philosophy in English common law. A conclusive presumption that children under seven could not form criminal intent eliminated the youngest from the criminal justice system. Children between the ages of seven and fourteen were presumed incompetent to form the requisite criminal intent; the prosecutor, however, could rebut that presumption by demonstrating that the child knew the difference between right and wrong. Children over age fourteen were presumed to have the capacity to form criminal intent. There were no special courts for children, and they were treated as adult criminals. Minors were arrested, held in custody, and tried and sentenced by a court that had discretion to order the child imprisoned in the same jail as adult criminals. Although children received the same punishment as adults, they were not provided with many of the due process protections accorded adult criminals. For instance, minors did not have a right to bail, indictment by grand jury, [and] right to a public trial (CONWARD, CYNTHIA p. 41) .line with the early juvenile court s philosophy of protecting youth, juvenile offenders placement was often in reformatories or training schools. In theory, they were designed to keep them away from the bad influences of society and to instill self-control through rigorous structure and harsh discipline. Contrary to the underlying theory, throughout the first part of the century, the institutions that housed juveniles were often dangerous and unhealthy places where the state warehoused delinquent, neglected, and abandoned children for indefinite periods. Common problems included lack of medical care, rehabilitation programs, and even food. Some poor conditions persist even today.institutionalization of many juvenile offenders occurred in the first decades of the 1900s, extensive use of probation for juveniles existed as well. As it does today, probation provided a middle ground disposition for judges between release and placement in an institution. By 1 927, probation programs for juvenile offenders existed in almost every state.
In the 1940s and 1950s, reformers attempted to improve the conditions found in most juvenile institutions. Alternatives to institutions emerged, such as forestry and probation camps.in the UK there are new laws that regulate the system of juvenile justice. They dictate new terms of criminal responsibility.
1.4 The modern system of Juvenile Justice in Britain
. 4.1 Age of criminal responsibilitychild who is a...
