Necessarily Relative: Is Juvenile Justice Speedy Enough?

1997 ◽  
Vol 43 (1) ◽  
pp. 3-23 ◽  
Author(s):  
Jeffrey A. Butts
Keyword(s):  
Juvenile Justice ◽  
Processing Time ◽  
Juvenile Court ◽  
National Standards ◽  
Young Offenders ◽  
Case Processing ◽  
Constitutional Right ◽  
Speedy Trial ◽  
Procedural Rights

Despite 30 years of expanding procedural rights for juveniles, young offenders have not been provided with a constitutional right to a speedy trial. Yet concerns about timeliness are often equally pressing in the juvenile court. This study examines the timing of juvenile justice by analyzing delinquency case processing in nearly 400 jurisdictions. One fourth of all cases required 90 days or more to reach disposition—the maximum recommended by national standards. Processing time varied according to jurisdiction size, the rate of formal adjudications, and other characteristics of juvenile court caseloads.

scholarly journals La justice des mineurs au Québec : 25 ans de transformations (1960-1985)

Criminologie ◽  
2005 ◽  
Vol 19 (1) ◽  
pp. 189-213 ◽  
Author(s):  
Jean Trépanier
Keyword(s):  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Juvenile Court ◽  
Legal Framework ◽  
Young Offenders ◽  
Court Referrals ◽  
Court Dispositions ◽  
Legislative Changes ◽  
Over Time

This paper provides an overview of some of the changes undergone by the juvenile justice system in Quebec since 1960, with a particular attention to the evolution of its legal framework. Major legislative changes have stressed children's rights and diversion. The underlying philosophy of the law has been changed extensively, particularly concerning young offenders. Statistics reveal that the number of court referrals has increased considerably over time, and that diversion policies have been unable to change this trend. Juvenile court dispositions seem to show a greater degree of intervention than before.

Does Speed Matter? The Association Between Case Processing Time in Juvenile Court and Rearrest

2021 ◽  
pp. 088740342110355
Author(s):  
Abigail Novak ◽  
Elizabeth Hartsell
Keyword(s):  
Juvenile Offenders ◽  
Processing Time ◽  
Juvenile Justice System ◽  
Juvenile Court ◽  
Case Processing ◽  
Processing Times ◽  
Time Restrictions ◽  
First Time ◽  
The Relationship ◽  
Case Characteristics

The present study assessed the relationship between case processing time and rearrest among a sample of first-time juvenile offenders referred to the Florida juvenile justice system and examined the extent to which this association varied by youth and case characteristics. Propensity score analyses suggested youth with longer case processing times had higher odds of being rearrested within 1 year compared to youth with shorter case processing times. Subgroup analyses suggested differences in the effects of case processing time by youth and case-level characteristics. According to results, policymakers should prioritize implementing and enforcing case processing time restrictions in their jurisdictions, particularly for detained youth and remain aware of the potential ensnaring implications of longer case processing times to reduce rearrest rates for first-time juvenile offenders.

Time for Time: Uncovering Case Processing Duration as a Source of Punitiveness

2021 ◽  
pp. 001112872110077
Author(s):  
Lin Liu ◽  
R.R. Dunlea ◽  
Besiki Luka Kutateladze
Keyword(s):  
Decision Making ◽  
Public Safety ◽  
Processing Time ◽  
Sentence Length ◽  
Case Processing ◽  
Processing Efficiency ◽  
To Receive

The literature on sentencing has devoted ample consideration to how prosecutors and judges incorporate priorities such as retribution and public safety into their decision making, typically using legal and extralegal characteristics as analytic proxies. In contrast, the role of case processing efficiency in determining punishment outcomes has garnered little attention. Using recent data from a large Florida jurisdiction, we examine the influence of case screening and disposition timeliness on sentence outcomes in felony cases. We find that lengthier case processing time is highly and positively associated with punitive outcomes at sentencing. The more time prosecutors spend on a case post-filing, the more likely defendants are to receive custodial sentences and longer sentences. Case screening time, although not affecting the imposition of custodial sentences, is also positively associated with sentence length. These findings are discussed through the lens of instrumental and expressive functions of punishment.

scholarly journals Achieving Juvenile Justice through Abolition: A Critical Review of Social Work’s Role in Shaping the Juvenile Legal System and Steps toward Achieving an Antiracist Future

2021 ◽  
Vol 10 (6) ◽  
pp. 211
Author(s):  
Durrell M. Washington ◽  
Toyan Harper ◽  
Alizé B. Hill ◽  
Lester J. Kern
Keyword(s):  
Social Work ◽  
Juvenile Justice ◽  
Social Workers ◽  
Legal System ◽  
Critical Review ◽  
Deviant Behavior ◽  
Juvenile Court ◽  
Black Youth ◽  
Theoretical Framework ◽  
Juvenile Courts

The first juvenile court was created in 1899 with the help of social workers who conceptualized their actions as progressive. Youth were deemed inculpable for certain actions since, cognitively, their brains were not as developed as those of adults. Thus, separate measures were created to rehabilitate youth who exhibited delinquent and deviant behavior. Over one hundred years later, we have a system that disproportionately arrests, confines, and displaces Black youth. This paper critiques social work’s role in helping develop the first juvenile courts, while highlighting the failures of the current juvenile legal system. We then use P.I.C. abolition as a theoretical framework to offer guidance on how social work can once again assist in the transformation of the juvenile legal system as a means toward achieving true justice.

Alternatives to Youth Imprisonment: Evaluating the Victorian Youth Attendance Order

1996 ◽  
Vol 29 (2) ◽  
pp. 166-181 ◽  
Author(s):  
Reece Walters
Keyword(s):  
Juvenile Justice ◽  
Community Services ◽  
Young Offenders ◽  
Juvenile Incarceration ◽  
Legal Studies ◽  
National Centre ◽  
The Future ◽  
High Tariff ◽  
Serious Offenders ◽  
The Impact

On 22 June 1988 the then Minister for Community Services Victoria, Race Matthews, officially launched the Youth Attendance Order (YAO), a high tariff alternative for young offenders aged between 15 and 18 years who were facing a term of detention. Throughout the order's gestation, much debate occurred about the impact it would have on rates of juvenile incarceration as well as about the potential ‘net widening’ effect it could have on less serious offenders. In May 1994 the National Centre For Socio-Legal Studies at La Trobe University submitted its report evaluating the Victorian Youth Attendance Order. This article presents some of the major findings of that report and examines the future options for this high tariff order in juvenile justice.

Juvenile Justice and Young Offenders: A Canadian Overview

2014 ◽  
pp. 107-136
Author(s):  
John Winterdyk ◽  
Anne Miller
Keyword(s):  
Juvenile Justice ◽  
Young Offenders

scholarly journals Some Aspects of the Statutory Regulation of the Prosecutor’s Involvement in Exercising of the Constitutional Right to Judicial Protection in a Civil Procedure

2020 ◽  
Vol 11 ◽  
pp. 30-33
Author(s):  
Tatyana R. Pozharskaya ◽  
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Doctrine ◽  
Civil Proceedings ◽  
Constitutional Right ◽  
Judicial Protection ◽  
Procedural Rights ◽  
Statutory Regulation ◽  
Constant Interest

An analysis of the amendments made to the Constitution of the Russian Federation in 2020 made it possible to conclude that the provisions concerning the judicial protection of fundamental human and civil rights and freedoms are stable. The role and content of the legal regulation of the participation of the prosecutor in the implementation on behalf of certain participants in civil proceedings of this right emphasizes the specifics of his procedural position. At the same time, the existence in the legal doctrine and in law enforcement practice of various positions that determine the legal status of the prosecutor in the exercise of the constitutional right to judicial protection, and the lack of a unified approach to resolving this issue give rise to constant interest in this problem. In this study, through the prism of analyzing the content of the procedural rights and duties of the prosecutor, the grounds for the implementation by the prosecutor of constitutional guarantees for protecting the interests of society and the state protected by law, the determinism of his legal status in civil proceedings is substantiated.

scholarly journals MODEL PERADILAN RESTORATIF DALAM SISTEM PERADILAN ANAK (Kajian tentang Praktik Mediasi Pelaku dan Korban dalam Proses Peradilan Anak di Wilayah Hukum Balai Pemasyarakatan Purwokerto)

2009 ◽  
Vol 9 (3) ◽  
Author(s):  
Angkasa Angkasa ◽  
Saryono Hanadi ◽  
Muhammad Budi Setyadi
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Juvenile Court ◽  
Police Department ◽  
Justice Model ◽  
Article 5 ◽  
Mediation Practice

Legal fundament of implementation of restorative justice in the phase investigation of juvenile justice system  in Indonesia stated in article 5 sentence (1) Law No. 8 Year 1981 concerning KUHAP; article 42 Law No. 3 Year 1997 concerning juvenile court, article 16 sentence ( 1) letter (l), sentence (2) and article 18  Law No. 2 Year 2002 concerning Police Department of Republic of Indonesia, Confidential Telegram of Kabareskrim No. Pol. TR/359/DIT,I/VI/2008. Mediation Perpetrator and Victim in the course of Jurisdiction of Child in jurisdiction territory of prison in Purwokerto, in the form of peace among victim and perpetrator of this child, is conducted in inspection phase, is in prosecution phase and inspection of justice have never been conducted by mediation. Implementation of Mediation in case of child in Jurisdiction territory of Bapas Purwokerto, not yet earned a Restorative Justice Model. This Matter is based on fact that goals of this mediation practice tend to only aim to decontrol continuation. Kata kunci: Juvenile Justice System; Restorative Justice Model; Mediation; prison

The Legal Process before 1968: The Juvenile Court

2020 ◽  
pp. 115-144
Author(s):  
Kenneth McK. Norrie
Keyword(s):  
World Wide ◽  
Juvenile Court ◽  
Young Offenders ◽  
Legal Process ◽  
Juvenile Courts ◽  
The World ◽  
The Usa ◽  
Set Up ◽  
Hearing System ◽  
Made In

This chapter explores the world-wide movement at the turn of the 20th century towards specialist juvenile courts to deal with children who commit offences. Following the lead of the juvenile court movement in the USA and Australia, the Children Act 1908 set up juvenile courts in both Scotland and England, though in Scotland these courts quickly acquired jurisdiction over both young offenders and children in need of care and protection. Originally little more than a separate set of procedural rules to be followed in the sheriff court dealing with children, an effort was made in the Children and Young Persons (Scotland) Acts 1932 and 1937 to give better effect to the idea of a separate court presided over by specialist judges. Though never nation-wide, these new, enhanced, juvenile courts took on many of the characteristics that were later adopted by the children’s hearing system, including the processes to be followed, the involvement of the children, the requirement to look at the child’s wider environmental circumstances (including the child’s welfare), and the outcomes available to the court.

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