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NCJ Number: 68049 Find in a Library
Title: COMPARISON OF JUVENILE COURT STRUCTURES IN A NUMBER OF COUNTRIES
Journal: ANNALES DE VAUCRESSON  Dated:SPECIAL NUMBER (JULY 1977)  Pages:103-117,119
Author(s): J HACKLER
Date Published: 1977
Page Count: 16
Sale Source: Surveillee
Centre de Formation et de
Recherche de L'education
54, Rue de Garches
Vaucresson,
France
Language: French
Country: France
Annotation: INTERCULTURAL COMPARISONS OF JUVENILE COURT STRUCTURES MUST TAKE INTO ACCOUNT VARIATIONS IN LEGAL SYSTEM TYPOLOGIES, IN THE TRADITIONAL ROLES OF COMPARABLE MEMBERS, AND IN THE IMPORTANCE OF THOSE MEMBERS.
Abstract: ONE METHOD OF CLASSIFYING JUVENILE COURTS IS BY THEIR SYSTEM OF COMMUNICATION, I.E., VERTICAL OR HORIZONTAL. A VERTICAL SYSTEM, LIKE THAT OF BOSTON, INVOLVES A SERIES OF STAGES THROUGH WHICH A CASE MUST PASS, WITH A GREAT DEAL OF INFORMAL INFORMATION BEING SHARED ALONG THE PROGRESSION OF STAGES. IN CONTRAST, VIENNA HAS A HORIZONTAL SYSTEM, INVOLVING A NUMBER OF AGENCIES THAT TAKE CARE OF EACH PART OF A CASE, BUT WITHOUT DIRECT COMMUNICATION. THE LITTLE CONTACT MAINTAINED BETWEEN THE AGENCIES IS FORMAL AND WRITTEN RATHER THAN PERSONAL. WHILE VERTICAL SYSTEMS MAY HAVE MORE EFFICIENT MEANS OF COMMUNICATION (TO THE BENEFIT OF THE YOUTH), THE JUVENILE MAY ALSO FEEL AT THE MERCY OF AN ALL-POWERFUL ADMINISTRATION. MOREOVER, SYSTEMS VARY GREATLY, EVEN WITHIN THE SAME COUNTRY. INSTEAD OF COMPARING ROLES AMONG DIFFERENT SYSTEMS BY TITLES, THE FUNCTIONS FULFILLED BY VARIOUS PERSONAGES SHOULD BE COMPARED. FOR EXAMPLE, A CLERK IN FRANCE MAY BE PERFORMING FUNCTIONS ADMINISTERED BY A JUDGE IN CANADA. WHILE A YOUTH ADVOCATE IN BOSTON MAY BE ABLE TO FOLLOW A CASE THROUGH COMPLETION BECAUSE OF THE VERTICAL SYSTEM AND PHYSICAL PROXIMITY OF WORKING QUARTERS, THE ADVOCATE IN VIENNA IS LOCATED ACROSS TOWN AND IS INVOLVED ONLY IN SELECTED ACTIVITIES. FINALLY, THE IMPORTANCE OF VARIOUS CRIMINAL JUSTICE AGENTS VARIES FROM COUNTRY TO COUNTRY AND WITHIN COUNTRIES. THE CLERK WHO HEARS A CASE IN FRANCE MAY MAKE MORE DECISIONS THAN THE JUDGE SIMPLY BY SCREENING A CASE, AND THE RECEPTIONIST AT A LEGAL AID OFFICE MAY HEAR MORE CLIENTS' PROBLEMS AND GIVE MORE SPONTANEOUS ADVICE THAN THE LEGAL ADVISOR. THUS, THE REALITIES OF JUVENILE COURT SYSTEM OPERATION RATHER THAN THE THEORETICAL CONSTRUCTS SHOULD BE THE OBJECTS OF STUDY WHEN NATIONAL, INTERNATIONAL AND INTERCULTURAL COMPARISONS ARE MADE. ABOVE ALL, IN DESCRIBING JUVENILE COURT SYSTEMS AS MODELS, ALLOWANCES MUST BE MADE FOR DIFFERING FUNCTIONS. NO REFERENCES ARE PROVIDED. --IN FRENCH.
Index Term(s): Austria; Canada; Comparative analysis; France; Juvenile court procedures; Juvenile courts; United States of America
Note: PAPER PRESENTED AT THE INTERNATIONAL COLLOQUIUM, LYONS (FRANCE), JULY 29-31, 1977
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=68049

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