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NCJRS Abstract

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NCJ Number: 78589 Find in a Library
Title: International Summaries: Penalty of Law- An International Compar- ison of Practices Affecting the Prosecution and Sentencing of Juveniles.
Author(s): J P Peigne
Corporate Author: National Institute of Justice/NCJRS
United States of America
Date Published: Unknown
Page Count: 4
Sponsoring Agency: National Institute of Justice (NIJ)
Washington, DC 20531
National Institute of Justice/
Rockville, MD 20849
National Institute of Justice/NCJRS
Rockville, MD 20849
US Dept of Justice NIJ Pub
Washington, DC 20531
Contract Number: J-LEAA-023-77
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

National Institute of Justice/
NCJRS Publication Sales
Box 6000 Department F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: A general report of the Tenth Congress of the International Association of Juvenile Judges describes the mechanisms in various countries for decisions on juvenile case prosecution and procedures.
Abstract: Certain countries do not distinguish their treatment of juveniles at risk and juvenile delinquents. In countries of the Anglo-Saxon tradition, the decision to prosecute lies with police (the accusatory system), while in most of continental Europe a special authority, (the public prosecutor's office, makes that decision (the inquisitorial system). In the latter system, investigative and accusatory responsibilities overlap and a decision leading to a children's hearing may require the collaboration of the public prosecutor and the police or the action of a spcial informant. Educative measures affecting juveniles can be revised upon demand of parents, the juvenile, the prosecutor, the probation officer, or an educative institution. In most countries probation is the only penal sanction that can be modified by the court. In some countries there is no special juvenile supervising judge. Proceedings may be initiated by parents, public services, probation officers, police, or the public prosecutor, depending on the country. Persons required to attend proceedings include the minor, parents, social workers, probation officers, representatives of involved protective organizations, witnesses, experts, psychologists, and persons called by the court. In Britain, the press is admitted to hearings, and a lawyer may be present in many countries. Evidentiary rules are generally less stringent in juvenile cases; proof 'beyond a reasonable doubt' containing a 'balance of probabilities' is generally required. Changes in court-ordered educative measures can be sought by parents, the juveniles, probation officers, prosecutors and judges. In some countries, sentences can be modified only after a new decision has been reached.
Index Term(s): Juvenile adjudication; Juvenile court diversion; Juvenile court intake; Juvenile court procedures; Sentence review
Note: This article, summarized and translated from French by Kathleen Dell'Orto, was originally published in France in 1979. NIJ/ NCJRS international summary of "Revue penitentiaire et de droit penal" (NCJ-66914).
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