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ISOLATION OF ENGLISH JUVENILE OFFENDERS BY CLASSIFICATION - AN AMERICAN PERSPECTIVE

NCJ Number
55060
Journal
International Journal of Comparative and Applied Criminal Justice Volume: 1 Issue: 2 Dated: (FALL 1977) Pages: 123-134
Author(s)
F E DEVINE
Date Published
1977
Length
12 pages
Annotation
THE ENGLISH EXPERIENCE REGARDING THE SEGREGATION OF JUVENILE OFFENDERS FROM ADULT OFFENDERS AND STATUS OFFENDERS AND NONOFFENDERS FROM HARDENED OR SERIOUS JUVENILE DELINQUENTS IS REVIEWED.
Abstract
MAJOR JUVENILE LEGISLATION WAS PASSED IN ENGLAND IN 1969. FOR CERTAIN ASPECTS OF JUVENILE CORRECTIONS, THIS LEGISLATION REDUCES THE SEPARATION OF CATEGORIES OF JUVENILES AND ASSUMES THAT THERE IS NO DIFFERNCE BETWEEN DEPRAVED AND DEPRIVED CHILDREN. AN ATTEMPT WAS MADE, HOWEVER, TO SEPARATE JUVENILE OFFENDERS FROM THE ADULT CRIMINAL SYSTEM. THE GENERAL AIM OF JUVENILE JUSTICE IN ENGLAND IS TO DEAL WITH JUVENILE OFFENDERS OUTSIDE THE COURTS, AS LONG AS PARENTS ARE IN AGREEMENT. LEGISLATION MAINTAINS THAT CHILDREN UNDER 10 YEARS OF AGE ARE PRESUMED TO BE INCAPABLE OF COMMITTING A CRIME, A STATUTORY MODIFICATION OF COMMON LAW PRINCIPLE. BETWEEN 10 AND 13 YEARS OF AGE, THE PRINCIPLE OF FULL CRIMINAL RESPONSIBILITY HAS BEEN MODIFIED IN PRACTICE. ACCORDING TO THE 'CHILDREN IN TROUBLE' WHITE PAPER AND ITS GOVERNING STATUTE, THE CHILDREN AND YOUNG PERSONS ACT OF 1969, THE INTEREST OF SOCIETY MAY BETTER BE SERVED BY AVOIDING CRIMINAL PROSECUTION FOR THIS AGE GROUP. AFTER CONSIDERING THE BACKGROUND OF THESE YOUTHS, THREE OPTIONS EXIST FOR THE POLICE OR LOCAL AUTHORITIES: (1) INFORMAL ACTION MAY BE TAKEN BY THE POLICE OR SOCIAL WORKERS; (2) CARE, PROTECTION, OR CONTROL PROCEEDINGS MAY BE CONDUCTED; OR (3) CRIMINAL PROSECUTION MAY BE UNDERTAKEN. THE ENGLISH APPROACH TO THE PRETRIAL SEPARATION IS ACCOMPLISHED THROUGH THE EXTENSIVE USE OF SUMMONS FOR MINOR OFFENSES. IF AN ARREST IS MADE, SPECIAL PROTECTIONS BEYOND GENERAL PROVISIONS OF LAW ARE AVAILABLE TO SEGREGATE YOUTHFUL OFFENDERS THAT MINIMIZE PRETRIAL DETENTION FOR ALL OFFENDERS REGARDLESS OF AGE. A CHILD ARRESTED FOR HOMICIDE OR A YOUNG PERSON BETWEEN 14 AND 16 YEARS OF AGE ARRESTED ON ANY CHARGE IS NORMALLY BROUGHT BEFORE A MAGISTRATE. REMAND CENTERS ARE EMPLOYED FOR PRETRIAL DETENTION OF YOUTHS BETWEEN 17 AND 21 YEARS OF AGE. PENALTIES RANGE FROM CUSTODIAL MEASURES TO FINES AND REPARATIONS, WITH THE TYPICAL FORM OF CUSTODY BEING A BORSTAL WHICH COMBINES ELEMENTS OF THE COERCIVENESS OF A PRISON WITH THE EDUCATION AND TRAINING OF A REFORMATORY. JUVENILE COURTS HAVE WIDE POWER TO ISSUE SUPERVISION ORDERS. VARIOUS FORMS OF JUVENILE OFFENDER TREATMENT AND THE ENFORCEMENT OF LAWS REGARDING JUVENILES ARE CONSIDERED. IMPLICATIONS OF THE ENGLISH SYSTEM FOR THE UNITED STATES ARE DISCUSSED. REFERENCES ARE CITED. (DEP)