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In Search of a Constructive Alternative in the Judicial Response to Juvenile Crime

NCJ Number
149929
Journal
European Journal on Criminal Policy and Research Volume: 2 Issue: 2 Dated: (1994) Pages: 57-75
Author(s)
L Walgrave
Date Published
1994
Length
19 pages
Annotation
This analysis of juvenile justice policies concludes that the combined welfare and rehabilitative approach has not fulfilled its promise and that the concept of restorative justice through mediation and community service can most benefit all the persons involved.
Abstract
Rehabilitative approaches have been central to juvenile justice policies in most countries, but their effectiveness is questionable and they received increasing criticism in the 1960's and the 1970's. The retributive model now dominates the justice system. A more appropriate intervention should serve three interests: those of the community, those of the victim, and those of the offender. Restorative justice accomplishes this goal. It emphasizes the juvenile offender's own responsibility and thus legitimizes the needs of both the victim and society. The seriousness of the offense, the cooperation of those concerned, security issues, and the need for rehabilitation may all place limits on restorative justice. Therefore, this model needs elaboration and experimentation. Although the restorative justice model will never be the only one for addressing juvenile delinquency, it could eventually become dominant. Table and 54 references