INTERNATIONAL AND COMPARATIVE

JUVENILE JUSTICE

Law and Justice Around the World

CRIM 405.003

Prof. Andrew Novak

Agenda

Short video The challenge of juvenile delinquency International minimum standards Global perspectives on youth and crime Brief introduction to model countries Examples from Japan and China Discussion questions

Video

http://www.ted.com/talks/david_r_dow_lessons_from_death_row_inmates.html

David Dow is a law professor at the University of Houston and a death penalty defense lawyer.

What is the link with juvenile justice?

The challenge of delinquency Delinquency: Crime committed by a juvenile. The tension that exists in the adult criminal justice system

between rehabilitation and punishment exists in the juvenile justice system as well.

Parens patriae: State obliged to serve as guardian over delinquent youth In the United States today, punishment is the predominant rationale, and

youth may be incarcerated (even life imprisonment) and tried in adult courts.

The world’s juvenile justice systems exist on a spectrum between a purely welfare-based model and a purely-justice based model. These differ as to formality of the procedure, the role of lawyers and

prosecutors, incarceration, etc. Finland and New Zealand are more “welfare” models, while the U.S. and

U.K. are more “justice” models.

International minimum standards Convention on the Rights of the Child (1990): Most

ratified human rights treatyDue process required in juvenile proceedingsProhibition on corporal and capital punishmentLegal aid required for juvenilesMinimal protections in detention

Non-binding international guidelinesBeijing Rules (1985): Guidance for countries with separate

juvenile justice systems.Rules for the Protection of Juveniles Deprived of Their

Liberty (1990): Standards for detentionRiyadh Guidelines (1990): Focus on community-based

prevention of juvenile delinquency.

Global perspectives on youth and crime Child-rearing, supervision, and education is a

highly culturally-contingent phenomenon that varies widely around the world

In societies that are conservative, strongly communitarian, and have a high rate of compliance with social norms generally have lower youth crime rates.Egypt: Low rates of alcohol use, firearm possession,

drug use. Conservative, family-centered society create some social control. Today, however juvenile crime is highly politicized, and youth have taken part in Arab Spring-related crime and terrorism.

Brief introduction to the model countries United Kingdom

System most similar to the United StatesAges 14 to 18, and serious crimes by children between 10

and 14 are prosecuted in juvenile courtHomicide and serious crimes tried in adult courtsAnti-social behavior order can “punish” youth for non-

criminal behaviors France

Like the UK, formal justice-based processProcurator involved in prosecution before a juvenile

judge; parents required to attend hearingsSome alternatives to incarceration, such as community

service

Model countries (Continued) Germany

Unlike UK and France, falls clearly on the side of rehabilitation/welfare-based system

Older age of criminal responsibility (14) and of involvement in juvenile justice system (20)

Virtually all juvenile offenders are tried in juvenile court rather than adult court

Saudi ArabiaNo separate juvenile justice systemCorporal punishment commonly used; judges have wide

discretionPlaced in separate juvenile prisons, where they undergo

religious-based rehabilitation

Japan Cultural context

Society that places emphasis on subtle social relationships, shame, politeness

Low crime rates, including low youth crime Education is academically rigorous, which leaves behind

students who do poorly in school and makes them susceptible to delinquency

Policing is personal and community-based, and police play the role of juvenile counselor

Parameters of youth crime Juvenile justice system reaches “pre-delinquents” who have not

yet committed a crime, for truancy, disobedience Youth may be funneled into the system for control Because of cultural context (value on relationships), even petty

youth crime gives a sense of social dislocation

China Cultural context

Follows the “justice” model more than Japan doesPolitical nature of justice: combination of education,

discipline, and labor used to treat youth crime Parameters of juvenile justice

Chinese state punishes misbehavior by youth as well as crime, such as running away, truancy

Youth may be sent to centers where they face rigid discipline and education

Rehabilitation with mandatory labor is typical punishment, but traditional incarceration also used

Discussion Questions Are there any ways to organize juvenile

justice systems other than age? Why is rehabilitation predominant in juvenile

justice, moreso than adult justice? In 2012, the U.S. Supreme Court found life

imprisonment without parole for juveniles to be unconstitutional. Why do you think this was?

What are the risks of underpunishing or overpunishing youth delinquency?