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What is the American Juvenile Justice System

2020-05-25 来源: 51Due教员组 类别: 更多范文

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下面为大家整理一篇优秀的essay代写范文- What is 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。青春期是指生命的一个阶段,它的外在表现为一个连续的年龄阶段。从本质上讲,它是指生命中心理和生理发展的一个特殊时期。从青春期在生活中的地位来看,青春期是人一生的基本时期。少年司法制度是成人社会对未成年人的特殊保护。它将未成年人犯罪纳入独立的司法程序,关注儿童的福利。

 

Adolescence refers to a period of life, which is externally manifested as a continuous age stage. In essence, it refers to a special period of psychological and physical development in life. From the position of adolescence in life, adolescence is the basic period of one's life. Juvenile justice system is a special protection given to juveniles by adult society. It puts juvenile delinquency into an independent judicial process and pays attention to the welfare of children.

As a result of the characteristics of young people, from the family up to the country are responsible for the growth and development of young people. Juvenile delinquency is not only their own responsibility, the state, society and family should bear the corresponding responsibility, but especially the responsibility of the state. The establishment of the juvenile justice system in the United States, from the initial "campaign to save the children", the movement makes the United States established the first juvenile court in the world - Illinois juvenile court, at the same time, the unattended, neglects discipline and offence young encounter and regulatory ordinance passed and effective, philanthropists and children's welfare home are supported by protecting the ideals of the youth was confirmed by law, as a result, the juvenile court in defending children's rights, protection established on the basis of the ideas of the young, and as a basis to develop and to form the system of juvenile justice in the United States.

The state parental right is gradually transformed from the parental right, which has experienced a process from the absolute dominance of parental right to the dominance of parental right, the state parental right as a supplement to the state parental right as a supplement.

The concept of state parental rights has three influences on the American juvenile justice system. Through the application of the concept of state parental rights, the intervention of the state in juvenile events has the legitimacy, and the juvenile justice system has jurisdiction over cases involving child welfare, which makes the juvenile justice system have the characteristics of welfare. The concept of parental rights of the state rejects the adoption of punishment for juveniles and advocates the treatment of juvenile delinquents by means of correction, which promotes the development of juvenile correction system in the juvenile justice system. National consortium philosophy pursuit of individualized, juvenile justice, the individualized is in order to realize the correction of juvenile and youth welfare requirements, it also makes the juvenile justice system and ordinary adult criminal justice system exclusion individualized punishment of pursuit is the essential difference between, but also established the American concept of individualized punishment of juvenile justice system.

The concept of children's innocence and public responsibility is established with the discovery of childhood and the formation of children's concept. Childhood is formed in the Renaissance to the enlightenment during this period, when people began to realize that the external environment has an important influence on children's growth, the childhood of children's physical and psychological development is not perfect, in the period of rapid development, need a lot of knowledge and experience from the outside world, adopted mainly rely on the behavior of the children's learning and imitation, if children to implement illegal and criminal behavior, so much to ask their growth environment and the education responsibility, this is the children's innocence and public responsibility concept of a process. "Children are innocent" supports that children can only be partially responsible for their behaviors, and that the environment in which they live and the people who conduct education should also be held responsible, which of course sets up another concept -- the concept of "public responsibility". It is because the childhood was found that children's characteristics are known, the formation of the transition, makes "young innocent" and "public responsibility" concept formation, and the formation of the two concepts, requirements for the implementation of the illegal crime of teenager is not treated as ordinary adult illegal and criminal, but using a special, in line with the youth quality system to deal with. Therefore, "children are innocent" and "the concept of public responsibility" is an important basis for the emergence of the American juvenile justice system, but also the juvenile justice system for the special protection of children.

The idea of individualization of social defense and penalty in American juvenile justice system is formed by the viewpoint of positivist criminal school.

In terms of social defense, the theory of positivist school of crime believes that the first thing to change is to regard punishment as a means of social defense, and to change the traditional concept of punishment as a pure punishment tool. Secondly, to realize the function of penalty as society, we should take eliminating the personal danger of criminals as the key point and enlarge the correction function of penalty. Thirdly, the improvement of social environment should be emphasized as a way to reduce crime. Finally, for those non-criminals who have physical danger, security measures should be taken to realize social control and social defense.

Positivist school of crime on the cause of crime and the view of social defense requires the realization of the individualization of punishment, so the idea of the individualization of punishment is the inevitable result of the formation of the concept of the cause of crime and the concept of social defense. Penalty individualization refers to the opposition to leave the actor's criminal behavior itself as the standard, to the division of the unified penalty, in accordance with the individual circumstances of the criminal division and the corresponding different penalties. So that criminals can return to the idea of society.

Based on the concept of individualized punishment, criminal positivism school criminal positivism school advocates separating the juvenile and adult illegal and criminal violation of criminal, set up independent institutions and juvenile courts judge, specialization, juvenile justice mechanism in order to avoid the young illegal criminal affected by adult illegal and criminal, at the same time set up independent juvenile correctional institutions, in order to achieve reduce juvenile criminal opportunities by bad influence, can be very good to prevent and reduce crime. This concept is very obvious in the American juvenile justice system, from the early shelter to the later community correction, which reflects the positivist school of crime this claim.

 

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