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NCJ Number: 51461 Find in a Library
Title: COURT FOR JUVENILE DELINQUENTS - ITS JURISDICTION AND PROCEDURES - CANADA
Author(s): M RIVET; B MARCEAU
Date Published: 1975
Page Count: 34
Format: Article
Language: French
Country: Canada
Annotation: THIS STUDY OF THE JURISDICTION AND PROCEDURES OF CANADIAN JUVENILE COURTS INCLUDES A COMPARISON OF LEGISLATION AND JURISPRUDENCE IN CANADA, NEW YORK, AND CALIFORNIA, AND RECOMMENDATIONS FOR LEGISLATION.
Abstract: AS OF 1975, THE ROLE OF JUVENILE COURTS IN CANADA WAS WAVERING BETWEEN THE IDEA OF PUNISHMENT AND TREATMENT, AND THE LAW WAS UNCLEAR AS TO THE NATURE AND TYPE OF OFFENSE THAT WOULD WARRANT THE INTERVENTION OF THE COURT. IN THESE INSTANCES, NEW YORK LAW, WHICH SEPARATES CASES INTO TWO CATEGORIES DEPENDING ON THE SERIOUSNESS OF THE OFFENSE COMMITTED, IS RECOMMENDED. THUS, ONLY CRIMES FOR WHICH AN ADULT WOULD BE TRIED WARRANT THE COURTS' ATTENTIONS, AND DELINQUENCY PROCEDURES TAKE PLACE ONLY AS A LAST RESORT, SO THAT THE SOCIAL STIGMA ATTACHED TO DELINQUENCY CAN BE AVOIDED. IN JUVENILE COURT PROCEDURES, FOR WHICH CANADIAN LAW GIVES FEW SPECIFICATIONS AS TO FORMALITY, TWO ALTERNATIVE COURSES ARE RECOMMENDED: (1) AN ATTEMPT SHOULD BE MADE TO SETTLE THE CASE WITHOUT FORMAL PROCEDURES, WITH AN OPEN DISCUSSION OF THE PROBLEM, AND A SUGGESTION OF THE MOST APPROPRIATE TREATMENT FOR THE CHILD; AND (2) IN CASES WHERE THIS IS NOT POSSIBLE, THIS CHILD MAY THEN APPEAR BEFORE JUVENILE COURT. IN THE FIRST CASE, THE RIGHTS OF THE CHILD ARE NOT VIOLATED, AS THE PROCEDURE IS FOLLOWED WITH HIS CONSENT, AND NO COERCIVE MEASURES ARE TAKEN. IN THE SECOND CASE, IF THE CHILD DOES APPEAR BEFORE THE COURT, HIS RIGHTS SHOULD BE AS FULLY PROTECTED AS THOSE OF AN ADULT. A FULL EXPLANATION OF THE ACCUSATIONS AGAINST HIM SHOULD BE GIVEN, AS WELL AS AN EXPLANATION OF HIS RIGHTS. HE SHOULD HAVE THE RIGHT TO COUNSEL, AND WAIVER OF THIS RIGHT WOULD BE ALLOWED ONLY AFTER HE HAS SPOKEN TO AN ATTORNEY. ONLY EVIDENCE ADMISSIBLE IN A CRIMINAL CASE WOULD BE ACCEPTED. HOWEVER, TO SAFEGUARD THE CHILD'S FUTURE, THERE WOULD BE NO TRIAL BY JURY, AND THE TRIAL WOULD BE HELD IN PRIVATE, EXCEPT FOR A LIMITED NUMBER OF JOURNALISTS WHO WOULD NOT BE ALLOWED TO GIVE THE CHILD'S NAME. TESTIMONY GIVEN BY PSYCHIATRISTS AND SOCIOLOGISTS CONCERNING THE CHILD OR MEMBERS OF HIS FAMILY WOULD BE WITHHELD FROM JOURNALISTS, AND GIVEN ONLY AT THE DISCRETION OF THE ATTORNEY. THE JUDGE'S DECISION SHOULD BE GIVEN WITH AN EYE TO TREATMENT RATHER THAN PUNISHMENT, AND THE INTEREST OF THE CHILD OUGHT TO REMAIN THE PRIMARY CONCERN. ONCE THE CHILD REACHES THE AGE OF 18, HIS FILE SHOULD BE DESTROYED. COMPREHENSIVE FOOTNOTES ARE INCLUDED --IN FRENCH. (INL)
Index Term(s): California; Canada; Juvenile adjudication; Juvenile court diversion; Juvenile court procedures; Juvenile courts; New York
Note: REPRINTED FROM THE CANADIAN BAR REVIEW, V 53 (MAY 1975), P 302-337
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=51461

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