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Providing Criminal Justice for Children

NCJ Number
95044
Editor(s)
A Morris, H Giller
Date Published
1983
Length
167 pages
Annotation
The papers in this volume examine criticisms of the current juvenile justice system and offer guidelines for practical reforms, addressing preventive and diversion schemes, discretion, residential placement, social work practice, and legal representation. Cross cultural comparisons are made between the United Kingdom and the United States.
Abstract
An examination of the relationship between justice and retribution as it relates to children cautions that procedural reforms in the juvenile system are not enough, but that roles allocated to children in social and legal relationships must be considered. The next author reviews the three major justifications for punishment -- retribution, recidivism, and denunciation -and compares the state's response to two categories commonly exempted from criminal responsibility, childhood and madness. An analysis of delinquency prevention strategies emphasizes the need to encompass institutional and structural factors as well as individual ones, concluding that crime prevention requires radical social-structural change. The next paper traces the development of diversion, with attention to the United States. It suggests that diversion may have unintentionally brought children into the formal system who previously would have been handled informally. Two essays critique social work practices, covering the increasing trend of removing children from their families and statutory supervision. Also addressed are residential services and the role of lawyers in the juvenile court. Finally, case studies of discretion show that recent attempts to structure discretion have led to inflation of penalties and mere shifting of discretion. References accompany each paper. An index is supplied.