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SINO-AMERICAN JUVENILE JUSTICE SYSTEM

NCJ Number
53451
Author(s)
J A LIU
Date Published
1976
Length
347 pages
Annotation
THIS COMPARISON OF THE JUVENILE JUSTICE SYSTEMS IN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF CHINA (TAIWAN) COVERS PHILOSOPHY, JURISDICTION, POLICE ACTIONS AND COURT INTAKE, HEARINGS, DISPOSITION, AND APPEAL.
Abstract
IN 1971 THE ENACTMENT OF THE JUVENILE COURT LAW OF THE REPUBLIC OF CHINA MARKED THE FIRST TIME IN THE HISTORY OF THAT NATION THAT JUVENILE DELINQUENTS WERE DEALT WITH UNDER MODERN CONCEPTS OF JUVENILE JUSTICE. THIS LAW INCLUDED SPECIAL PROCEDURES AND INDIVIDUAL TREATMENT USING PROTECTIVE RATHER THAN PUNITIVE MEASURES. IT WAS REVISED IN 1976 TO PROVIDE FOR MORE FLEXIBLE TREATMENT FOR VARYING TYPES OF OFFENDERS. SINCE MUCH OF THE TAIWAN LAW IS BASED ON CONCEPTS DEVELOPED IN THE UNITED STATES, THIS COMPARISON WAS UNDERTAKEN. IT FIRST REVIEWS THE HISTORY OF THE JUVENILE COURT CONCEPT IN THE UNITED STATES, THE DOCTRINE OF PARENS PATRIAE, THE DUE PROCESS CHANGES BROUGHT ABOUT BY THE GAULT DECISION HANDED DOWN BY THE U.S. SUPREME COURT IN 1967, AND THE CURRENT STATE OF JUVENILE CRIMINAL CODES IN THE U.S. THEN DIFFERENCES BETWEEN THE U.S. PRACTICE AND PROCEDURES IN TAIWAN ARE POINTED OUT. THE DISCUSSION PROCEEDS THROUGH THE CRIMINAL JUSTICE PROCESS POINT BY POINT, BEGINNING WITH JURISDICTION, CONTINUING THROUGH POLICE ARREST PROCEDURES, SEARCHES, LINEUPS, POLICE RECORDS, COURT INTAKE, AND JUVENILE COURT PROCEDURE, AND CONCLUDING WITH DISCUSSIONS OF WAIVERS OF JURISDICTION AND THE NEED FOR APPELLATE REVIEW. A CHAPTER COVERS PROBATION, PAROLE, AND JUVENILE CORRECTIONAL INSTITUTIONS. THROUGHOUT JUDICIAL DECISIONS AND VARIOUS JUVENILE CODES ARE CITED. EACH CHAPTER HAS FOOTNOTES AND REFERENCES APPENDED WHILE THE BOOK AS A WHOLE IS CONCLUDED WITH AN EXTENSIVE BIBLIOGRAPHY. (GLR)