Juvenile Delinquency Proceedings Research Articles

Środki wychowawcze w postaci upomnienia, zobowiązania do określonego postępowania, nadzoru odpowiedzialnego rodziców (w świetle ustawy z dnia 9 czerwca 2022 roku o wspieraniu i resocjalizacji nieletnich)

The Act of June 9, 2022 on supporting and social rehabilitation of juvenile has remained in effect since September 1, 2022. It replaced The Act of October 26, 1982 on Juvenile Delinquency Proceedings. The amendment to the act was positively received by jurisprudence academics and practitioners. The new law not only introduces new ones, so far unknown, legal solutions, but also improves those that functioned on the basis of previous act. Educational means in the form of a warning, commitment to certain conduct, responsible parental supervision, are such improved solutions. This paper focuses on the application of these educational measures, with special regard to execution these measures. In addition, the study addresses the issue postponements and breaks in the performance of educational measures as well as its changes and repeals. Keywords: juvenile, educational means, warning, an obligation to specific conduct, responsible parental supervision

Age is Not Just a Number: Problems with Florida’s Statutory Minimum Age for Juvenile Delinquency and Why it Must be Increased

Under a Florida law enacted in 2021, any child over the age of six years old can be arrested and subjected to juvenile delinquency proceedings. Florida, as well as the United States in general, is an outlier when it comes to statutory minimum ages for juvenile delinquency. The most common and recommended minimum age internationally is fourteen years old, and many studies show that arresting, charging, and adjudicating children below the age of fourteen is counterproductive, as it leads to increased recidivism, potentially violates due process, and leaves lasting negative effects on children. This comment will discuss juvenile delinquency in the United States, as well as the problems associated with Florida’s current minimum age for juvenile delinquency. Additionally, this comment will address the problems associated with having such a low minimum age for juvenile delinquency and explain how, based on these problems, Florida’s current minimum age runs contrary to the purposes of Florida’s juvenile justice system and does not serve the bases for punishment. Finally, this comment will recommend that Florida lawmakers raise the statutory minimum age for juvenile delinquency to fourteen years old and provide alternatives to traditional juvenile justice procedures in order to mitigate the problems analyzed before and help achieve the purposes of Florida’s juvenile justice system.

Contextualizing the Impact of Legal Representation on Juvenile Delinquency Outcomes: A Review of Research and Policy

AbstractThis study examines the empirical research on legal representation in delinquency proceedings and situates it in the broader investigation of how states provide legal assistance to juvenile defendants. Our review of empirical studies found that attorney presence was an aggravating factor in dispositional decisions. After closely examining state statutory provisions on legal representation in juvenile delinquency proceedings, we suggest that the penalty effect of attorney presence is an artifact of the variation in state laws governing access and oversight of juvenile counsel. We conclude with suggestions for future research, policy, and practice.

ARTICLE 10 SECTION 2 OF THE CRIMINAL CODE AND ARTICLE 94 OF THE ACT ON JUVENILE DELINQUENCY PROCEEDINGS IN THE VIEW OF ARTICLE 40 SECTION 3 OF THE CONVENTION ON THE RIGHTS OF THE CHILD: A FEW WORDS ON CRIMINAL RESPONSIBILITY OF JUVENILES

The aim of this paper is to analyse cases where a juvenile may be held criminally responsible, particularly to analyse the case provided for in Article 94 of the Act on Juvenile Delinquency Proceedings in the view of Article 40 section 3 of the Convention on the Rights of the Child. The research method applied in the paper is the dogmatic-legal method. Therefore, the analyses of cases where a juvenile may be held criminally responsible from the perspective of Article 40 section 3 Convention on the Rights of the Child were performed by means of investigating normative material referring to all the matters covered in the paper. As a result of the conducted considerations it has been concluded that, 1) Article 10 paragraph 2 of the Criminal Code satisfi ed the minimum requirements provided for in Article 40 section 3 of the Convention on the Rights of the Child, 2) Article 94 of the said Act fails to satisfy the minimum requirements provided for in Article 40 section 3 of the Convention on the Rights of the Child, 3) it should be advocated that Article 94 of the said Act be revoked.

Meeting the Mandates of Gault: Automatic Appointment of Counsel in Juvenile Delinquency Proceedings

AbstractIn 1967, the United States Supreme Court ruled that children facing delinquency charges have a constitutional right to defense counsel. Despite that mandate, state assessments of juvenile defense systems have consistently found high rates of waiver of counsel. Children are facing harsh punishments with potentially lifelong consequences without the benefit of a trained defense attorney at their side. Given the severity of the consequences of juvenile court involvement and society’s understanding of the developmental science behind adolescence, this article argues that to meet constitutional requirements, juvenile courts must automatically appoint defense counsel for all children facing delinquency charges.

Children in institutional re-socialisation and education – on the edge of contemporary trends

This article analyses the situation of a child placed in an isolation facility in the context of contemporary trends in treating children and adolescents by the judiciary and in educational and resocialisation facilities. The system of juvenile re-socialisation in Poland, regulated by the Act on Juvenile Delinquency Proceedings of 1982, covers children and adolescents in connection with their depravation or with committing a punishable offence and it provides for institutional educational measures and reformatory measures in the form of sending a minor to a juvenile detention centre. Although a prison sentence passed on minors is an exception to the rule of adjudicating educational and reformatory measures, according to international regulations, the category of juvenile imprisonment is broader than serving a sentence in prison. It is our intention to consider the situation of a child placed outside their home in an institution where they are exposed to confinement by a court or another administrative body.

Ocena zmiany art 240 § 1 k.k. przez rozszerzenie zawartego w nim katalogu czynów zabronionych o art. 197 § 3 i 4 k. k.

Artykuł dotyczy zmian wprowadzonych ustawą z 23 marca 2017 r. o zmianie ustawy – Kodeks karny, ustawy o postępowaniu w sprawach nieletnich oraz ustawy – Kodeks postępowania karnego. Rozważania odnoszą się do zasadności rozszerzenia katalogu czynów zabronionych zawartych w art. 240 § k.k. 1 o art. 197 § 3 i 4 k.k. Analiza została przeprowadzona dwuaspektowo. Po pierwsze, dokonano oceny, czy wprowadzone zmiany zostały umieszczone w prawidłowym miejscu, z uwagi na dotychczasowe brzmienie art. 240 k.k. i jego rolę w systemie prawa karnego. Po drugie, odniesiono się do sytuacji ofiary przestępstwa zgwałcenia, mając na uwadze fakt, że została ona już znacznie zmieniona po zniesieniu wnioskowego trybu ścigania sprawców tego przestępstwa. Wreszcie, podjęto próbę pogodzenia konieczności realizacji funkcji prewencyjnej prawa karnego oraz interesu ofiary przez podniesienie w tym zakresie postulatów de lege ferenda.

Selected issues of juvenile delinquency proceedings

This paper discusses selected issues of juvenile delinquency proceedings. It points the reader’s attention to the difference in the approach towards a juvenile offender. This different approach consists in shaping the way the state reacts to them breaking a legal norm and directing it towards resocializing education. It underlines the specific characteristics of the interactions’ subject – a juvenile whose identity and social attitudes are in the making. These features justify the fact that educational and reformatory measures based on the law on juvenile delinquency proceedings are applied in their case, rather than the punitive ones defined in the Penal Code. The paper analyses selected topics related to executing specific (educational or reformatory) measures that spark controversy among the entities that take up educational, activating and aid-related actions.

Responsibility of a Juvenile for a Prohibited Act Under Polish Law

Summary The law on juvenile delinquency proceedings creates a model of a paternalistic and welfare approach to juvenile justice, the protection and treatment of the juvenile at risk oriented allowing only a certain range, to use criminal sanctions against juvenile perpetrators of prohibited acts. The rule is that juvenile is not liable to the principles defined in the Penal Code, the Code of Petty Offences or the Fiscal Penal Code, and the law is applied to him is the Juvenile Act of 26 October 1982 which does not provide for a criminal responsibility. Special, nonpenal responsibility for juveniles applies for those between 13 and 17 years. For younger juveniles, special measures of exclusively educational and care character are possible.

Media access to juvenile proceedings: Balancing the tightrope between privacy rights and freedom of the press

The First Amendment to the U.S. Constitution has been invoked as the basis for the grant of media access to adult trials. Because the U.S. Supreme Court has not determined that the First Amendment right of public access similarly applies to juvenile delinquency proceedings, juvenile courts are faced with the issue of balancing the juvenile's privacy rights with the media's right to access information. This article undertakes research on media access to juvenile delinquency proceedings, including, the standards, limits, and conditions for such access through analyzing decisions of United States federal and state courts.

Advocating a Functional Approach to Determining Adjudicative Competency in Juveniles

ABSTRACT The U.S. Supreme Court required extending to juvenile delinquency proceedings those due process rights guaranteed in criminal proceedings. Most states have recognized the legal concept of adjudicative competence for participation in juvenile cases, although the Supreme Court has never established a standard for adjudicative competence in juvenile proceedings. Consequently, competency requirements for participation in delinquency cases vary considerably across states. With the extensive variability and the ambiguity of many state's statutes on the subject, forensic evaluators and attorneys are frequently confused about appropriate competence procedures with youthful defendants. This article recommends a functional-ability-based approach to evaluating competency in juvenile defendants. Such an approach promotes effective understanding and participation in adjudicative proceedings without requiring a specific age, mental health status or IQ-cutoff for incompetency findings.

The Impact of Counsel on Juvenile Delinquency Proceedings

The Impact of Counsel on Juvenile Delinquency Proceedings

Clinical Evaluation of Juvenile Delinquents Facing Transfer to Adult Court

AbstractChild psychiatrists may be called upon to examine defendants in juvenile delinquency proceedings and to offer opinions about their suitability for treatment as juveniles. Such examinations can have high stakes and present various problems to the clinician. The clinical problems in a transfer evaluation involve the difficulty of making the kinds of predictions about a child's response to treatment that the evaluation calls for. Problems understanding transfer laws and the services available to delinquents also complicate the evaluation process. This paper explores these problems and makes recommendations about conducting and reporting on these evaluations.

The Proper Role of the Lawyer as Legal Representative of the Child

The increased recognition given to children in legal proceedings today brings into focus the special problems facing lawyer in the role of legal representative of the child. The author outlines the three roles available to the child advocate: the traditional advocate, the neutral officer of the court, the guardian; and considers the suitability of each of these roles in the various legal proceedings in which child may be involved, e.g. juvenile delinquency proceedings, custody proceedings, etc. The personal and professional qualifications required to be com petent as child advocate are examined and the author concludes by emphasiz ing that the multi-faceted role of child advocate requires the lawyer to assume new responsibilities and be willing to develop new skills.