Juvenile justice

This article I would like to write about juvenile justice and its models. I will start with examination of the international standards in this sphere.

Thus, the UN Convention on the Rights of the Child in the article 40 states:

“States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.  States Parties shall seek to promote…the establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law…

 A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence.”

First of all, according to this article, countries should establish the minimum age for punishment. I think, this standard is not clear. Thus, the minim age for the penalty differs from age 10-12 (Ireland) to 16 (USA).

Second the existing in many countries correctional system is not effective as it based on punishment. According to this article the government should provide rehabilitation programs for the offenders. It is obvious that modern system does not allowed providing rehabilitation process.

In 60-70 years of ХХ century the old model of the juvenile justice existed. The main elements of this model was created  based on the idea  that offense committed by minors is the result of social, psychological and other types of difficulties he has. That is why this model excluded any punishment and provided inly rehabilitation. However, the number of offences committed by minors did not decrease.

The necessity to create a new model became obvious. The new model focused on punishment and excluded the rehabilitation process .The punish system was adopted from the punishment system created for the adults. The results of this approach are well-known. Unfortunately, most of the countries still implement this model. After the punishment most of the minors commit offences again and enter correctional institutions for adults.

 A new model, restorative justice recognizes all limitations of the previous models and focuses on rehabilitative process and offender’s responsibility. Although, it is consider the offender is  a person who has responsibility for his activity in society, it takes into consideration the age of offender.

There are some advanced countries that implemented the elements of the restorative justice. One of them is New Zeeland.

New Zelan has very interesting experience in the sphere of juvenile justice.  In this country the punishment for minors are replaced with new types of the recovery programs – family conferences.  Thus, offender’s family is also involved in this program.  Moreover, the participation is necessary not only for nuclear family but for all close relatives, such as, grandmothers, grandfathers, uncles and so on. The main principle is to involve a member of family who has authority in it and can influence on the minor’s behavior.  This principle is based on the idea that family has the main responsibility for the minor’s activity including all types of offences.   The gamily responsibility is recognized as the main difference between a child and an adult.

First, family listen the police report and after that child’s story and thoughts about the offence. Next step is family’s removing to another room where all relatives together develop the plan of reparation and rehabilitation for the child. The family takes all responsibility for implementing this plan by the minor. It is necessary to mention that family conferences are implemented for all types of offences if the offender admits his guilt. The exception is a murder committed by offender.

Also, one of the created innovations in juvenile justice is that the government tries to avoid offender’s stigmatization. Thus, after the process of rehabilitation and reparation is done based on the created plan, the information about the offender is deleted from the database. I think, this measure one of the most important as it provides for the children, committed offence in the past, equal opportunities as other member of the society have.

It is possible to conclude the main ideas of juvenile justice in this country (what should be everywhere) is the minor’s responsibility for the committed offence, support of his family and society.) Although, I did not find information about the government’s response to the offences committed by the minors who do not have family, I wish this model can be implemented in other countries, in my country, Russia, particularly.

References:

1.      International Covenant on Civil and Political Rights. (n.d.) retrieved from Office of the United Nations High Commissioner for Human rights: http://www2.ohchr.org/english/law/ccpr.htm#art14

2.      Convention on the Rights of the Child. (n.d.) retrieved from Office of the United Nations High Commissioner for Human rights: http://www2.ohchr.org/english/law/crc.htm

3.      Restorative Justice(n.d.) retrieved from Office of Juvenile Justice and Delinquency Prevention: http://www.ojjdp.gov/mpg/progTypesRestorative.aspx

4.      Ludmila Karnozova. To the model of restorative Justice (translated from Russian). (n.d.) retrieved from: http://index.org.ru/nevol/2005-4/karn_n4.htm