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The American juvenile justice system

2018-11-20 来源: 51due教员组 类别: 更多范文

下面为大家整理一篇优秀的assignment代写范文- The American juvenile justice system,供大家参考学习,这篇论文讨论了美国的少年司法制度。在美国少年司法制度建立之前,在理念方面已经做好了充足的准备,在国家亲权理念、儿童无罪与公众责任理念,社会防卫与刑罚个别化理念的支撑下,美国通过发张少年庇护所、开展儿童福利事业为少年司法制度的建立奠定了基础,同时也为美国少年司法制度的发展完善定下了一个基本的方向。在这些理念中,有的发展成为为世界各国所普遍认同的少年司法制度的基本理念。因此,在少年司法制度建立之前,应当具备成熟的理念作为指导,才能保证少年司法制度基础的牢固和平稳的发展。

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The United States is the birthplace of the modern juvenile justice system. After more than 100 years of development in the United States, the juvenile justice system has been established in only one state from the original, to today's every state has juvenile court, juvenile justice system deeply rooted in the hearts of the people. Although the national conditions of the United States are very different from ours, and people's way of thinking and ideas are also different from each other, there are still many ideas and characteristics of the American juvenile justice system that deserve our reference.

The judicial idea is of great significance to the establishment of the judicial system. The judicial idea is the solid foundation of the judicial system. If there is no mature idea before the establishment of a judicial system, its foundation is very weak; In the process of the construction of the judicial system, the judicial concept plays a guiding role. Therefore, the concept of juvenile justice is of great significance to the establishment and perfection of juvenile justice system.

Before the founding of the juvenile justice system has prepared enough in terms of philosophy, in the country, the idea of the consortium, children's innocence and public responsibility, social defense and individualized punishment idea, under the support of the United States send a shelter, to carry out the children's welfare through for the establishment of the juvenile justice system laid a solid foundation, but also to the development of the juvenile justice system perfect set a basic direction. Among these ideas, some have developed into the basic idea of juvenile justice system widely accepted by the world. Therefore, before the establishment of the juvenile justice system, it should be guided by mature ideas, so as to ensure the solid and stable development of the juvenile justice system.

The independence of the juvenile justice system mentioned here means that the juvenile justice system should be completely independent of the adult criminal justice system, that is, the establishment of the binary system of the separation of the juvenile justice system and the adult criminal justice system.

The juvenile justice system and the adult justice system have the essential difference. Juvenile justice system in order to protect the teenagers as a basic starting point, so the juvenile justice system of juvenile delinquency is not as true crime processing, handling of juvenile criminal behavior is not to "punish" for the purpose of implementation of all kinds of the juvenile illegal criminal penalties and criminal penalties for adults is a very different nature. If the juvenile justice system is based on the adult criminal justice system, its nature and adult criminal justice system would not have essential differences, so the juvenile justice system must be separated from the adult criminal justice system, formed in a special concept, under the guidance of the principle of the legal system, system, organization of independent and special judicial system.

A legal system should be established for adolescents that is specific to them. Secondly, we should separate the adult cases from the juvenile cases and set up the exclusive trial organization for the juvenile. Again, special juvenile justice staff should be deployed to participate in the whole process of juvenile cases. Influenced by the positivist school of criminology, the juvenile court law of the United States defines juvenile court as an independent juvenile justice system from the very beginning, and finally realizes the separation of juvenile justice system from adult criminal justice system.

To establish an independent juvenile justice system, special juvenile laws should be formulated. In 1950, the resolution of the international conference of prisons in the Hague stated: "the laws concerning crimes against minors, whether substantive or procedural, cannot be standardized as those applicable to adults. Such laws should be considered as important in respect of the needs of juvenile offenders, their social relations and future rehabilitation." The United States has established the American juvenile justice system on the basis of the juvenile court act.

The juvenile justice system shall have an independent judiciary. The juvenile court act of the United States provides in article 3 that "court records shall be maintained separately for juvenile trials" and article 5 that "juvenile courts shall hear and handle cases in a simple manner"

Correction mechanisms specially designed for adolescents should be established. The juvenile correctional institutions should be separated from adult punishment enforcement agencies, the concept and principle of the juvenile justice system as the guidance, based on the psychological and physiological development design characteristics suitable for the young correction method, ultimately save the young, so they can grow up healthily and his peers return to society smoothly.

The establishment of an independent juvenile justice system shall include specialized juvenile justice staff. The principles laid down by the national association for probation and parole require that juvenile court judges have practical knowledge of social investigations, child psychology, psychiatry, and other behavioral sciences.

Children are a vulnerable group in society. When they are in trouble, it is hard for them to choose various ways to get out of trouble and find new ways to make a living as adults. There are many reasons for children to be trapped and their rights violated. A distressed child is a very broad concept, it refers to all because of a variety of reasons in the life of distress, mental distress of children.

The juvenile justice system starts from the protection of children, which decides that the juvenile justice system must help children in distress. In our country, many media have reported various cases of child abuse. For example, media reports say the mother of two sisters made the sisters kneel on the street to do their homework. In 2010, a baby was abandoned on the street by its parents in a city in northeast China. It was abandoned for four days. The juvenile justice system pays attention to children in distress, on the one hand, to protect their rights from infringement, and on the other hand, to achieve the goal of reducing and preventing juvenile delinquency.

Protecting children's rights, enabling them to grow up healthily and preventing and reducing juvenile delinquency is not only the purpose of the juvenile justice system, but also the goal that the whole country, the whole society and every citizen should make active efforts to. Therefore, it is very necessary to establish a systematic organization for the protection of children's rights to cooperate with the juvenile justice system and jointly realize the purpose of preventing and reducing juvenile delinquency. The systematic protection of children's rights is an administrative organ established by the state. On the one hand, it provides various materials of the state children's living conditions for the juvenile justice system, and provides Suggestions and opinions for the legislative work of the juvenile justice system. On the other hand, it oversees the operation of juvenile justice institutions, ensuring that the juvenile justice system protects children rather than harms them, and that it has the right to require the juvenile justice institutions that have the duty to violate children's rights in society to initiate protection procedures.

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