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SUGGESTIONS FOR A CHANGE IN THE 'JUGENDGERICHTSGESETZ' AND THE PRACTICE OF ASSISTANCE FOR JUVENILE OFFENDERS

NCJ Number
60821
Journal
Bewaehrungshilfe Volume: 25 Issue: 4 Dated: (1978) Pages: 346-351
Author(s)
W AYASS
Date Published
1978
Length
6 pages
Annotation
TENTATIVE SUGGESTIONS BY THE WEST GERMAN COMMISSION FOR JUVENILE CORRECTIONS AND OTHER ORGANIZATIONS FOR CHANGE IN TREATMENT OF JUVENILES ARE OUTLINED.
Abstract
THE COMMISSION RECOMMENDS THAT JUVENILE PENALTIES FOR 14- TO 16-YEAR-OLDS BE ELIMINATED TO AVOID STIGMATIZATION. THE JUVENILE CORRECTIONS SYSTEM SHOULD BE COORDINATED WITH JUVENILE RELEASE PROGRAMS, JUVENILE ASSISTANCE, AND SOCIAL ASSISTANCE TO IMPROVE DIAGNOSIS AND TREATMENT PLANNING BEFORE SENTENCING, INFORMATION EXCHANGE, AND PRACTICAL ALTERNATIVES TO JUVENILE IMPRISONMENT. ALSO TO BE CONSIDERED ARE THE PERFORMANCE OF PROBATION SERVICES (E.G., BY REDUCTION OF CASE LOADS), INTENSIVE EXTRA-INSTITUTIONAL TREATMENT FOR YOUNG ADULTS, AND SOCIAL ASSISTANCE INSTITUTIONS SUCH AS LIVING GROUPS. TREATMENT SHOULD BE INDIVIDUALIZED AND REGIONALLY DEVELOPED. SOCIAL-PEDAGOGICAL ASSISTANCE SHOULD BE PROVIDED CONSISTENTLY TO JUVENILES BEFORE, DURING, AND AFTER IMPRISONMENT. THE FEDERAL JUVENILE BOARD PROPOSES RAISING THE LEGAL AGE FOR CRIMINAL PROSECUTION TO 16, MODIFYING LAWS TO REDUCE THE NUMBER OF CRIMINAL PROCEEDINGS FOR JUVENILES OVER 16-YEARS-OLD AND TO EMPOWER JUDGES TO REQUIRE THAT JUVENILE SERVICES EMPLOYEES SELECT SUITABLE JUVENILE ASSISTANCE, AND CLARIFYING JUVENILE JUDGES' POWER TO DETERMINE EDUCATIONAL MEASURES. SOME STATE JUSTICE DEPARTMENTS FEEL THAT EXPANSION OF JUVENILE PROBATION OFFICERS' RESPONSIBILITIES FOR REHABILITATION PLANNING IS TOO EXTREME. THE WORK GROUP OF SOCIAL DEMOCRATIC JURISTS ENCOURAGES JUVENILE SOCIAL ASSISTANCE TO PREVENT RECIDIVISM; IMPRISONMENT IS ADVOCATED ONLY FOR JUVENILES OVER 16 YEARS OF AGE WHO EXHIBIT PERSISTENT DISTURBANCES IN DEVELOPMENT, ARE LIKELY TO COMMIT FURTHER OFFENSES, AND CAN BE TREATED ONLY OVER A LONG PERIOD IN AN INSTITUTION. THEY ALSO FEEL THAT JUVENILE CRIMINAL LAW SHOULD BE APPLIED TO 18- TO 21-YEAR-OLDS. --IN GERMAN. (KMD)