Italy’s Working Paper
Committee: Commission on Crime Prevention and Criminal Justice
Topic B: Juvenile Justice System
Signatories: Italy, Chile, Ukraine, Republic of Korea, Ghana, Namibia, Poland, Norway
Defines restorative justice as a means to help rehabilitate and guide juveniles to prosperous lives, Recalling articles 25 and 26 from the Universal Declaration of Human Rights, which provide special care and protection to children and assuring universal education,
Referring to the Beijing Rules for assistance throughout every child and adolescent’s physical, social and mental development in order to provide freedom, peace and dignity,
Keeping in mind that the people of the United Nations have recognized, in the charter, the inalienable dignity of all members of the human family,
Emphasizing the inherent value of every child and adolescent, without distinction of gender, religion, ethnicity, political opinion or nation of origin, being the foundation to a future prosper society,
Relying on the Convention on the Rights of the Child, therefore, requiring that the child is protected from discrimination or punishments based on their opinion or their guardian’s beliefs,
1. Urges the prevention of juvenile detention by introducing alternative measures as a component of restorative justice. It is suggested that:
a) rehabilitation centers,
b) therapy,
c) community programs,
d) house-arrest with special adjustments for school and therapy,
e) the placement of juveniles in the custody of Social Services be used instead of imprisonment of juvenile delinquents. These alternative measures will prevent the: i) physical, ii) sexual, iii) emotional abuse that youths are subjected to when constrained in confinements with adults;
2. Strongly Recomme...
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...tate minors addicted to toxic and socially risky products, creating a multidisciplinary approach, ii)The UN’s secretariat will distribute the funds necessary for the creation of such office body with cooperation of the Commission on Crime Prevention and Criminal Justice;

21. Authorizes that mentoring programs be offered initially to minority children as a preventative approach and:
a) enhancement of the youths social and emotional development, b) a way to provide a role model and promotor for the youth;
22. Suggests that Social Impact Bonds (SIB’s) be universally implemented as to encourage the flow of fresh solutions that:
a) combat juvenile recidivism, b) are more cost effective;
23. Requests the use of Non-governmental Organizations (NGOs) to fund such rehab centers, training programs, and therapy programs;
24. Decides to remain actively seised on the matter.
The focus of the juvenile justice system is to rehabilitate juvenile offenders, rather than to imprison and punish like the systems adult counterpart. According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. This has lead to the development of a separate justice system for juveniles that was initially designed to assist troubled juveniles providing them with protection, treatment, and guidance. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions when necessary such as incarceration. According to Mack (1909) the focus of the juvenile justice system has shifted from “how can we help the child”, “why did the child commit the crime” to “was the crime committed”. According to Griffin (2008) in some cases juveniles may be required to be “transferred” to adult court. The prerequisites for transfer to adult court are the duty to protect the public from violent youths, serious crime, and the lack of rehabilitation chance from the juvenile court. According to Flesch (2004) many jurisdictions handle the issue of serious juvenile crime by charging juveniles as adults. Charging a juvenile as an adult is done by a method which is called waiver to adult court. This waiver allows adult criminal court to have the power to exercise jurisdiction over juveniles and handle the juvenile’s case as an adult’s case would be tried. According to Flesch (2004) a juvenile is both tried and if convicted of the crime the juvenile will be sentenced as an adult when his or her case is waived from the juvenile court. Waiver to adult court initially was viewe...
Recognize that children are best understood and supported in the context of family, culture, community, and society
The quagmire of placing juveniles in adult facilities is the risk factors juveniles may experience while incarcerated. Being that juveniles are young and smaller to the adult offenders, they may be seen as a prey or easy target for rape, assault, mental issues which eventually leads to suicide. We must keep in mind that juveniles are youth meaning they are still a child, not an adult and should not be exposed to adult incarceration environment. Although it is cost saving to place juveniles and adults under one facility, it is unethical because they are not built and yet mentally ready and prepared to experience adult facilities. Alternative strategies are available to assist juvenile detainees such as healthcare, education, recreation, and work experience. The Juvenile Court Act of 1899 gave leniency to youth under the age of 16. Placing youth detainees with adult offenders will result in the reduction of rehabilitation services for youth, while increasing the rate of being a victim as a potential prey o...
A growing number of probation officers, judges, prosecutors as well as other juvenile professionals are advocating for a juvenile justice system which is greatly based on restorative justice. These groups of people have been frustrated by the policy uncertainty between retribution and treatment as well as unrealistic and unclear public expectations. As a primary mission, the balanced approach or policy allows juvenile justice systems together with its agencies to improve in their capacity of protecting the community and ensuring accountability of the system and the offenders . It enables the youths to become productive and competent citizens. This guiding philosophical framework for this policy is restorative justice as it promotes the maximum involvement of the community, victim, and the offender in the justice process. Restorative justice also presents a viable alternative to sanctions as well as interventions that are based on traditional or retributive treatment assumptions. In the policy proposal for restorative justice, the balanced approach mission assists juvenile justice system in becoming more responsive to the needs of the community, victims, and the offenders . Therefore, this paper considers how restorative justice reduces referrals of juveniles to criminal and juvenile justice systems and gives a proposal on the implementation of restorative justice in the community together with a number of recommendations. For instance, preliminary research reveals that application of restorative justice in schools significantly reduces school expulsions, suspensions, and referrals to the criminal justice systems. Restorative justice programs are an alternative for zero-tolerance policies for juveniles or youths .
The problem of dealing with juvenile justice has plagued are country for years, since the establishment of the first juvenile court in 1899. Prior to that development, delinquent juveniles had to be processed through the adult justic3e system which gave much harsher penalties. By 1945, separate juvenile courts existed in every single state. Similar to the adult system, all through most of the 20th century, the juvenile justice system was based upon a medical/rehabilitative representation. The new challenges of the juvenile court were to examine, analyze, and recommend treatment for offenders, not to deliver judgment fault or fix responsibility. The court ran under the policy of “parens patriae” that intended that the state would step in and act as a parent on behalf of a disobedient juvenile. Actions were informal and a juvenile court judge had a vast sum of discretion in the nature of juvenile cases, much like the discretion afforded judges in adult unlawful settings until the 1970s. In line with the early juvenile court’s attitude of shielding youth, juvenile offenders’ position was often in reformatories or instruction schools that were intended, in speculation, to keep them away from the terrible influences of society and to encourage self-control through accurate structure and very unsympathetic discipline. Opposing to the fundamental theory, all through the first part of the century, the places that housed juveniles were frequently unsafe and unhealthy places where the state warehoused delinquent, deserted, and deserted children for unclear periods. Ordinary tribulations included lack of medical care, therapy programs, and even sometimes food. Some very poor circumstances continue even today.
The juvenile justice system has many flaws that affect juvenile’s mental health, for example, a strong lack of physical and mental health service, inadequate staff training and lack of safety. Because of the lack of training that the staffs receive regarding mental health for juveniles, they fail to provide adequate needs that the juveniles would require (mental health). In the prompt we see that ‘AUGASTA YDC” had no o...
With increased media coverage of violent juvenile behavior, legislators began to pass laws to toughen up on juvenile crime. Many laws made it easier to waive juveniles into adult courts, or even exclude juveniles who had committed serious crimes from juvenile court jurisdiction. Furthermore, the sentences to be handed out for offenders were lengthened and made much more severe. As a result, the juvenile courts began to resemble the adult courts. Yet, this movement’s influence began to fade, and by the turn of the century, another shift had occurred. In the current juvenile courts, a balanced approach is emphasized. While the court deals with chronic and dangerous offenders with a heavy hand, needy youth who need help to get back on track are still assisted under the parens patriae philosophy. Restorative justice has come to be the preferred method of today’s juvenile courts. In an overall sense, the modern juvenile court has taken on a paternalistic view similar to parens patriae towards youths who are in need of guidance, while punitively punishing offenders who do not respond to the helping hand extended to
The adjustment from incarceration to society causes a series of problems, making rehabilitation difficult. When the juvenile’s leave home to be detained, all ties with society, the support systems they had, the gangs they associated with, school they attending are no longer in close proximity, which is essential for successful rehabilitation (James, Stams, Asscher, Katrien De Roo & van der Laan 2012). Another problem association with the reintegration is that juveniles are in a particularly fragile state in that they are not only transitioning from society to detention, but from adolescence to adulthood, both of which are overwhelming adjustments. Research has shown, however, that if youths stay out of trouble within the first few months
“Our youths now love luxury, they have bad manners, they have disrespect for authority, disrespect for older people…” Ancient Greek philosopher Socrates acknowledges the escalation of delinquency among youth in the early age’s .The rise of young offenders furthers the Canadian government to record juvenile offenders, in addition, devise an act to better control the epidemic of young delinquents. The topic of proposal is the effectiveness of the youth justice system in its response to crime. Firstly, in order to determine the effectiveness of the youth justice system, one must grasp the premise that is a delinquency, in particular a young delinquents. Under the Juvenile Delinquents Act, the first act imposed in regards to young offenders,
This paper will discuss the history of the juvenile justice system and how it has come to be what it is today. When a juvenile offender commits a crime and is sentenced to jail or reform school, the offender goes to a separate jail or reforming place than an adult. It hasn’t always been this way. Until the early 1800’s juveniles were tried just like everyone else. Today, that is not the case. This paper will explain the reforms that have taken place within the criminal justice system that developed the juvenile justice system.
One of the fasting growing juvenile treatment and interventions programs are known as teen courts. Teen courts serve as an alternative juvenile justice, to young offenders. Non-violent, and mostly first time offenders are sentenced by their peers’ in teen courts. Teen courts also serve as juvenile justice diversion programs. Teen courts vary from state to state, and sometimes within the same state. With this program, all parties of the judicial setting are juveniles with the exception of the judge. Each teen court, is designed specifically to meet the needs of the community it serves. Teen courts were created to re-educate offenders throughout the judicial process, create a program with sanctions that will allow the youth not to have a juvenile record, and to also instil a sense of responsibility.
The goals of juvenile corrections are too deter, rehabilitate and reintegrate, prevent, punish and reattribute, as well as isolate and control youth offenders and offenses. Each different goal comes with its own challenges. The goal of deterrence has its limits; because rules and former sanctions, as well anti-criminal modeling and reinforcement are met with young rebellious minds. Traditional counseling and diversion which are integral aspects of community corrections can sometimes be ineffective, and studies have shown that sometimes a natural self intervention can take place as the youth grows older; resulting in the youth outgrowing delinquency.
Restorative justice is an alternative community based program for juvenile offenders. Instead of sending juvenile offenders to jail or punishing them, they are taught
The juvenile system was first established in the United States around 1899 when Illinois had their first court appearance including a juvenile. This then led to the Nation’s first juvenile system being created, which was for youth under the age of eighteen who have been convicted of crimes. Up until then, most youth were tried as an adult until the system was put into place. The system has different sections in which they youth is taken in such as: intake, adjudication, disposition, and post adjudicatory.
Article 3, of the Universal Declaration of Human Rights, states “everyone has the right to life, liberty and the security of person” (Goodhart, 379). This article creates cultural discrepancies that are rooted in interpreting undefined and ambiguous language. For example, there are cultural disputes concerning the definition of a “person”. In many monotheistic cultures abortion is considered a crime. Advocates of this opinion support that a fetus is a human being from conception. Under these pretenses it is the right of a fetus to live, and any women who commits abortion, regardless of the circumstances, is in violation of the fetus’s human rights. To eliminate this cultural disagreement, it is necessary to succinctly define the terms in the article. For example, the article could read: “every breathing human has the right to life, liberty and the security of a person”. Under these changes, the definition protects the life of all breathing human; eliminating the cultural discrepancy of what constitutes a life. In due course, the ...