skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 66471 Find in a Library
Title: CHILDREN'S HEARING SYSTEM - THE LIMITS TO LEGISLATIVE ACTION - PART 1
Journal: JOURNAL OF SOCIAL WELFARE LAW  Dated:(NOVEMBER 1978)  Pages:14-23
Author(s): D MAY
Date Published: 1978
Page Count: 10
Format: Article
Language: English
Country: United Kingdom
Annotation: THE LEGISLATIVE REORGANIZATION OF THE SCOTTISH JUVENILE JUSTICE SYSTEM IN 1968 AND 1971 WAS NOT A RADICAL CHANGE BUT REAFFIRMED A TRADITIONAL COMMITMENT TO TREATMENT RATHER THAN PUNISHMENT.
Abstract: THE NEW LAWS PLACED JUVENILE OFFENDERS, WITH CERTAIN EXCEPTIONS, UNDER THE MANAGEMENT OF A TRIBUNAL COMPOSED OF LAYMEN WHICH IS CONCERNED WITH TREATMENT AND DISPOSAL. REFERRAL TO THE TRIBUNAL IS CONTROLLED BY AN INDEPENDENT LOCAL OFFICIAL. THE TRIBUNAL'S JURISDICTION CONTINUES UNTIL THE CHILD BECOMES 18 UNLESS DISCHARGED, BUT THE TREATMENT PROGRAM MUST BE REVIEWED ANNUALLY. CRITICS HAVE CLAIMED THAT THE TRIBUNAL REPRESENTS A SOFT APPROACH TO JUVENILE JUSTICE, BUT THIS ATTITUDE HAS STEMMED FROM POLITICAL MOTIVATIONS AND A TENDENCY TO CONFUSE FORM WITH SUBSTANCE. THE 1964 REPORT OF THE KILBRANDON COMMITTEE PROVIDED THE IMPETUS FOR REFORM, ALTHOUGH THE DOCUMENT DID NOT REALLY DEPART FROM BRITISH TRADITIONS WHICH VIEWED DELINQUENCY AS A RESULT OF INDIVIDUAL PATHOLOGY AND FAMILY CONDITIONS. A SUBSEQUENT WHITE PAPER NEVER CLEARLY DEFINED THE CONCEPT OF COMMUNITY INVOLVEMENT, AND THE MEMBERS OF THE LAY PANELS WERE SELECTED BECAUSE OF A COMMITMENT TO THE TREATMENT IDEOLOGY RATHER THAN AS REPRESENTATIVES OF THE COMMUNITY. THE KILBRANDON COMMITTEE RECOMMENDED THAT ONLY SERIOUS CASES OF DELINQUENCY BE SUBJECTED TO FORMAL COURT PROCESSES, AND THIS WAS IMPLEMENTED BY THE LEGISLATION. ALTHOUGH THE TRIBUNALS HAVE AN INFORMAL STYLE, THEY ARE SIMILAR TO THE OLD JUVENILE COURTS IN MANY PRACTICES. SOURCES OF REFERRAL AND GROUNDS FOR INTERVENTION HAVE REMAINED THE SAME. THE REVIEW POWERS OF THE TRIBUNAL, HOWEVER, HAVE ENCOURAGED AN EVOLUTIONARY APPROACH TO TREATMENT BY CONTINUING SUPERVISION IF NEW PROBLEMS WITH THE CHILD OR FAMILY ARISE. THE CHILDREN'S TRIBUNALS MAY BE MORE HUMANE AND LESS RITUALISTIC THAN THE COURTS, BUT BOTH HAVE THEIR ORIGINS IN THE REFORM MOVEMENTS OF THE LATE 19TH CENTURY WHICH EMPHASIZED SOCIAL WORK AND TREATMENT. OVERALL, THE 1968-71 CHANGES HAVE SERVED MORE TO STRENGTHEN TREATMENT COMMITMENTS THAN TO REFORM THE ENTIRE SYSTEM. FOOTNOTES ARE PROVIDED. FOR RELATED DOCUMENT, SEE NCJ-66472. (MJM)
Index Term(s): Hearings; Juvenile court diversion; Juvenile courts; Lay representation; Scotland; Treatment
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66471

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.