Juvenile Delinquency Guidelines: Improving Court Practice in Juvenile Delinquency Cases SIXTEEN KEY PRINCIPLES

This article is excerpted from the National Council of Juvenile and Family Court Judges' landmark JUVENILE DELINQUENCY GUIDELINES: Improving Court Practice in Juvenile Delinquency Cases, Chapter I, Foundations for Excellence, published in 2005. Beginning with a basic discussion of why separate courts for juveniles and adults continue to be necessary, the article describes the goals and key principles of a juvenile delinquency court of excellence.     

未成年人犯罪的预防研究

未成年人犯罪对社会的危害性非常大 ,依据《预防未成年人犯罪法》的规定 ,预防未成年人犯罪遵循独特的原则 ,如教育与保护原则、综合治理原则等。预防未成年人犯罪还具有其特点 ,要采取不同于预防成年人犯罪的教育方法。鉴于未成年人犯罪的心理原因 ,对未成年人进行心理健康的教育、心理的疏导与救治就显得尤为重要     

Preventing Juvenile Delinquency in Taiwan

The people and government of Taiwan have made special efforts to curb the increasing juvenile delinquency of recent years. This report provides the most current statistics concerning juvenile delinquency, and describes the prevention programs administered by the different branches of the government and other organizations. Based on cultural tradition, the programs are mostly primary prevention directed at the general population and focus on improving family relationships.     

Juvenile Delinquency in the Netherlands: Trends and Perspectives

A comparison is made, on several levels, of the laws of various states in the United States and the State of Israel concerning the crime of rape as personally committed by a husband upon his wife, known as “marital rape.” Among the fifty states, there is a sharp division whether such an act is criminal at all. The majority of states have held the act not criminal based primarily upon the common law doctrine of marital immunity first enunciated in England by Lord Hale. Some of these states have followed the Model Penal Code and codified the immunity concept within their criminal law.

Those states which have rejected Hale's immunity concept include New York, New Jersey, Alabama, and others. Upon judicial review, New York invalidated its statutory immunity for husbands by declaring it unconstitutional and a violation of the fourteenth amendment of the U.S. Constitution. New Jersey, as an example, statutorily eliminated the defense of marital immunity for rape, while other states simply rejected Hall's doctrine altogether. In 1980, Israel judicially rejected the defense of marital immunity insofar as a Jewish married couple was concerned by selectively utilizing Jewish religious law. It later enacted legislation eliminating the defense of marital immunity for rape for all persons regardless of religion.     

Juvenile Delinquency in the USSR: A Criminological Survey

This article examines some statistical data concerning juvenile delinquency in the USSR, analyzes social and demographic characteristics of juvenile delinquents, and describes special methods of preventing and combating juvenile delinquency in the USSR.

In those cases when the article does not contain direct references to the source of the data, the author cites the results of various research studies which are in his possession.     

Juvenile Delinquency in Post-Mao China

The post-Mao de-politicization put an end to the continuous class struggle in China. After the post-Mao government had removed the radical elements from the party and united the society by its appealing modernization program, it directed its attention to street crime and juvenile and young offenders. Crime committed by juvenile and young offenders has become a serious social problem. It is estimated that among the total offenders apprehended by the police, 70% are under the age of 25, and 30% under the age of 18. Despite the party's tough policy, juvenile crime is increasing and becoming more organized and violent. The paralysis of the Maoist social control system is stressed in explaining the increase in crime. The disruption in the family structure, in school and work patterns, and in neighbourhood organizations, in conjunction with a sweeping crisis of belief among the populace in general, has created a vacuum of social control in post-Mao Chinese society. The seriousness of juvenile delinquency and the lack of community undertakings have forced the government to institutionalize and legalize its control over juvenile and young offenders.     

Juvenile Delinquency and Victimization in Cyprus

Criminological and criminal justice research is a relatively new academic discipline in Cyprus. The current paper first examines and critiques official data on juvenile delinquency in Cyprus. As expected, the findings on delinquency and victimization gathered from self-reported surveys suggest higher rates of delinquency than those based on official statistics. This paper is based for a large part on data obtained from the International Self-reported Delinquency Study (ISRD-2), a national survey of 2385 Cypriot 12–16 year old pupils concerning a number of delinquency risk and protective factors. Those results were compared to the data collected as part of the ISRD-2 in five European Union (EU) member states, which – like Cyprus - joined the EU in 2004. This comparison focuses on data in the capitals of the six countries concerned. Research and delinquency prevention implications are discussed.     

Juvenile Delinquency in the Federal Republic of Germany

Juvenile delinquency has gained recognition worldwide as one of the most prominent criminological problem areas as well as a pressing crime political issue. The current state of this field in Germany is characterized by a tremendous increase after World War II, similar to other west European countries, but slightly leveling down since the Eighties. However, the great bulk of juvenile delinquency is built by minor offenses-in particular petty theft and non-serious road traffic offenses. Violence (although with an enormous increase), illegal drug offenses, and sexual crimes make together not more than one fifth of the total volume of youth crime. On the whole, juvenile delinquency represents the deviant behavior of young males; the proportion of female crime—although increasing too- is not higher than three decades ago, and consists mainly of shoplifting and bicycle theft. Youngsters of foreign groups or minorities are more involved in delinquency at present than in the Seventies or earlier, partly in activities of violent groups. While, in the past, rockers mainly got attention, now soccer hooligans and violent right-wing skinheads, especially when attacking minority people and asylum seekers, are in the forefront of public interest. This is true for East and West Germany. In general, the delinquents come mostly from the lower social strata, show socialization defects, have reduced start chances, are often unemployed, and are without or have less social support by their families. With regard to this, criminological experts favor socialization theories, social learning and control theories to explain these phenomena, emphasizing the binding forces of the underlying orientation of moral values. The corresponding guidelines of juvenile crime policy give preference to the application of non-custodial measures and diversion strategies on one hand, and to the reduction of freedom-depriving sanctions like community service or offender-victim-mediation on the other, indicating a successive retreat from a traditional punitive concept.     

Juvenile Delinquency in Nigeria: The Problem of Application of Western Theories

There is no universal theory of delinquency. Cross-cultural studies of delinquency will help in identifying Western theories of delinquency that are culturally specific or culturally universal.

This paper investigates the applicability of Western theories of delinquency to Nigerian conditions. The paper concludes the family-based theories [family attachment, poor parental characteristics, parent-child relationship, parental supervision, parental support, parental physical punishment (Glueck and Glueck, 1950, 1968; Nye, 1958; Gold, 1963; Reiss, 1975; Empey and Lubeck, 1971; Sutherland and Cressey, 1960, 1966; Hirschi, 1969; Jensen, 1972, and Grove and Crutchfield, 1982)], differential association (Sutherland 1939), urban conditions (Shaw and McKay, 1942), economic conditions (Bonger, 1916), social control (Hirschi, 1969), and culture conflict (Sellin, 1938) are the most applicable western theories of delinquency to Nigeria. Furthermore, theories such as poverty, broken-home, labeling, and gang membership are found to be inapt to explaining delinquency in Nigeria. Additionally, obstacles to delinquency studies in Nigerian are delineated.     

The Etiology of Juvenile Delinquency: The United States and Switzerland Compared

Both Switzerland and the United States are highly affluent societies and rank consistently among the top five countries in the world in per capita income, both are Western democracies, both are highly urbanized, and both are highly industrialized. Thus, it is quite surprising to discover that Switzerland has much lower rates of crime and delinquency than is the case for the United States, a fact which is especially true for violent crimes. This paper attempts to explain the sources of the differences in crime rates between the two countries and gives special attention to a comparison of juvenile misconduct in the two countries.

In the first section, difficulties are discussed concerning the measurement of crime and delinquency in Switzerland, a country which collects few data on social problems in general. Some general trends are shown to be clear, however, including marked increases in drug abuse and suicide cases among the young in Switzerland. In the subsequent section, previous explanations of crime in Switzerland as compared to the United States are reviewed with special emphasis on Clinard's famous Cities with Little Crime: The Case of Switzerland (1978). The limitations of earlier interpretations are considered in detail. Finally, this paper ends by generating a set of theoretically and practically informed hypothesis for explaining the differences in crime rates between the two countries. It is hoped that these hypotheses will form the basis for more detailed research in the future.     

关于未成年人犯罪原因的思考

在我国，未成年人犯罪通常是指已满14周岁不满18周岁的未成年人实施的刑法和有关刑事法律所规定的犯罪行为。目前，未成年人犯罪日益低龄化、凶残化及智能化。作为一种社会现象，未成年人犯罪是有其特定原因的。只有找准原因，才能从源头入手，有效防止未成年人犯罪日益频发。本文从心理学和社会学两方面入手剖析原因。     

Reintegrative Shaming and Juvenile Delinquency in Japan

The Japanese juvenile justice system has been widely regarded as operating based on the principles of reintegrative shaming. Reintegrative shaming, as opposed to a stigmatizing form of shaming, communicates disapproval of wrongdoing with respect, and emphasizes rehabilitation, reintegration, and restoration. Central to reintegrative shaming at the initial contact point of the criminal justice system in Japan are apology and diversion by the local police. Citing juvenile delinquency cases reported in a major national newspaper in Japan, this study analyzes to what extent the community reacted to the delinquency upon its commission. This analysis helps clarify the juvenile justice process in Japan, and sheds light on the theory and practice of reintegrative shaming.     

The Juvenile Delinquency Problem in Japan: Application of a Role Relationship Model

The purpose of this paper is to seek a better understanding of the social conditions within Japan which may be related to the increasing rates of juvenile delinquency. This trend is in sharp contrast to their overall crime patterns. In fact, as reported by Ames (1981:1), Japan has the lowest crime rate in the industrialized world, and its crime totals have declined since 1955. Within this article, we discuss youth crime trends, explain the applicability of a role relationship model, discuss the breakdown in informal social control/social relationship areas, and suggest implications for Western societies.     

The Juvenile Justice and Delinquency Prevention Act: Federal Leadership in State Reform

The policies advanced by the Juvenile Justice and Delinquency Prevention Act, while generally viewed as a success, are seen by some as a failure that may even abet juveniles in the commission of crime. After tracing the evolution of federal juvenile justice legislation and examining arrest and treatment data, the authors confront the criticisms aimed at the Act, and find reason for considerable optimism. Nationwide, the number, proportion, and rate of juvenile arrests have fallen more than the juvenile population, and many states appear to have made substantial progress in improving the processing and treatment of juveniles. The authors conclude that the Act is a continuing source of federal leadership for state innovation.     

China's Juvenile Delinquency Prevention Law: the law and the philosophy

The present study introduces and discusses the Juvenile Delinquency Prevention Law of the People's Republic of China. The law was promulgated in the context of Chinese socioeconomic reforms and legal reforms in response to the rising delinquency since the early 1980s. The study explains the social and political background of the law with respect to the patterns of delinquency in China. The law has several main features that reflect the Chinese philosophical underpinnings of crime prevention and control, and the study discusses the connection between the law and the traditional Chinese philosophy and thinking. Finally, the study discusses the challenges to the enforcement of the law in Chinese society, which has lacked a legal tradition in its history.     

Female Juvenile Delinquency: Misunderstood by the Juvenile Justice System,Neglected by Social Science

The study of juvenile delinquency has focused primarily on conduct disorder and aggression in males, while relatively little attention has been paid to females who commit delinquent acts. This article offers a critical review of the existing theories of and research on female delinquency and the juvenile justice system's response to female delinquency. The inadequacies and persistence of historical theories and the conceptual and methodological strengths and weaknesses of contemporary perspectives in female delinquency are reviewed. Understanding and treatment of female and male delinquency could be enhanced through the adoption of a gender-integrated theory of delinquency that is informed by the comprehensive study of developmental, psychological, and social-ecological determinants.