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NCJRS Abstract

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NCJ Number: 93563 Find in a Library
Title: Federal Republic of Germany (From Western Systems of Juvenile Justice, P 147-169, 1984, Malcolm W Klein, ed. - See NCJ-93558)
Author(s): H J Kerner; E Weitekamp
Date Published: 1984
Page Count: 24
Sponsoring Agency: Sage Publications, Inc
Thousand Oaks, CA 91320
Sale Source: Sage Publications, Inc
2455 Teller Road
Thousand Oaks, CA 91320
United States of America
Language: English
Country: United States of America
Annotation: The German juvenile justice system is essentially bipartite, with procedures falling under the Juvenile Welfare Act (JWA), which focuses on troubled youth in danger of being neglected, or the Juvenile Criminal Justice Act (JCJA), which applies to a juvenile who has committed a criminal offense.
Abstract: Under the JWA, the Youth Welfare Office (YWO) has the power to take both residential and nonresidential measures against troubled youth. Apart from counseling and informal education help, the most important nonresidential option is educational guidance. This involves the YWO appointing a social worker to the case, who will devise a program of education for the youth designed to supplement family and school education. Residential treatment involves placing the youth in large homes to undergo structured education programs, usually until the age of 18. The JCJA specifies that juveniles who have committed a criminal offense must be handled with a view toward resolving those problems that appear to underlie the deviant behavior. The juvenile prosecutor has a number of options in handling cases, many of which prevent further penetration into the juvenile justice system. Should the case proceed the juvenile court and there be a finding of guilt, the judge has the option to apply the following measures: (1) educational measures (directions, educational guidance, educational supervision), (2) quasi-punitive measures (reprimands, disciplinary orders, and youth custody), and (3) youth imprisonment. In cases where a sentence of imprisonment has been issued, the JCJA permits the judge to avoid the execution of the sentence by suspending it in favor of some specified treatment program. Only a small number of offenders are finally sent to close institutions. One figure is given.
Index Term(s): Dispositions; Germany; Juvenile adjudication; Juvenile codes; Juvenile counseling; Juvenile justice system; Prosecutorial discretion
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