By- Vidushi Parihar From Samrat Vikramaditya Government Law College, Ujjain
Introduction
The juvenile justice system deals with young people who have committed crimes or are in trouble with the law. Different countries have their own ways of handling these cases, but they all aim to protect and help young offenders rather than just punish them. A juvenile is a child or a minor who is not regarded as an adult. It has been noted that the number of crimes committed by children between the ages of 12 and 16 has significantly grown for a variety of reasons, including poor schooling, unfavourable living circumstances, poverty, peer pressure from impoverished families, traumatic life experiences and poor mental health, juvenile delinquency is the phrase used to describe a crime committed by a juvenile.
The fact that children between the ages of 6 and 16 are compelled to participate in criminal activities and break the law is concerning and deplorable. The children steal, commit thefts, rob, and sell illegal; products along with consuming and selling drugs. Children can be seduced at a low cost because of their insensitive and deceitful minds. The purpose of this article is to examine the juvenile justice system around the world.
Juvenile Justice System In India
The juvenile justice system in India is designed to handle cases involving children and young people who have committed crimes and need care and protection. The main aim is to rehabilitate these children into society, rather than just pushing them. The system is governed by the Juvenile Justice (care and protection of children) Act, of 2015, which provides a comprehensive framework for dealing with juveniles in conflict with the law and children in need of care.
Age of Juveniles
In India, anyone below the age of 18 is considered a juvenile.
Legal Framework
India has the Juvenile Justice (care and Protection of Children) Act, which outlines the procedures for handling juvenile offenders.
Juvenile Justice Boards (JJB)
These boards conduct inquiries and determine the appropriate response for juvenile offenders.
Rights
Juveniles have specific rights, including legal representation and protection.
Challenges
Balancing rehabilitation with accountability remains a challenge
Severe Crimes
For heinous crimes committed by juveniles aged 16 to 18, the act allows for the possibility of trying them as adults, though this remains controversial and is subject to strict judicial oversight.
Juvenile Justice System In the US
The United States has a complex history of juvenile justice, which has evolved to focus more on rehabilitation than punishment. Under the federal system, the US Constitution applies to states and local governments, including the police, who oversee juvenile justice. In the US anyone under the age of 18 is considered a juvenile. When a young person breaks the law, authorities decide whether to detain them or issue a warning. Sometimes, the police can do both. After a juvenile’s court trial, they may be placed in special schools, children’s homes, or juvenile rehabilitation centres. This aims to improve their behaviour and give them a better life.
Age of Juvenile
Varies by state but typically ranges from 16 to 18 years.
Legal Framework
Each state has its own laws, but the Juvenile Justice and Delinquency Prevention Act provides federal guidelines.
Juvenile Courts
Separate courts handle juvenile cases, focusing on rehabilitation
Rights
Juveniles have due process rights, including legal representation
Challenges
Balancing rehabilitation with public safety is an ongoing debate.
Juvenile Justice System In the United Kingdom
The United Kingdom established juvenile courts in 1908 with the Children Act of 1908. These courts aimed to protect the rights of juvenile offenders and ensure their welfare by providing necessary care and education. The Children and Young Persons Act of 1933 required that juvenile offenders be tried in juvenile courts. The Criminal Justice Act of 1948 introduced secure remand homes and sent juvenile offenders to training programs for rehabilitation.
Age of Juveniles
Generally 10 to 17 years
Legal Framework
The Children Act 1989 governs juvenile justice.
Youth Offending Teams
Multi-agency teams work with young offenders.
Rights
Juveniles have rights to legal representation and support
Detention and Training Orders
For serious offences, juveniles may be placed in secure training centres or young offender institutions, with an emphasis on education and rehabilitation.
Scotland’s Children’s Hearings System
A distinctive feature is the children’s hearing system, which focuses on the welfare of the child and involves lay members of the community in decision-making.
Juvenile Justice System In Japan
The juvenile justice system in Japan emphasises the protection, education, and rehabilitation of young offenders. It is designed to ensure that juveniles are treated with care and consideration, aiming to reintegrate them into society as responsible citizens.
Age of Juveniles
Anyone below the age of 20 is considered a juvenile.
Legal framework
The Juvenile Act governs juvenile justice.
Family courts
Handle juvenile cases, emphasising reintegration
Rights
Juveniles have rights to legal representation and privacy
Challenges
Balancing rehabilitation with Societal Expectations
Probation and aftercare
Strong emphasis on probation and aftercare services to support reintegration into society
COMPARATIVE ANALYSIS
Rehabilitation Vs. Punishment
India, UK, Japan
Emphasise, rehabilitation, education and social reintegration over punitive measures. These systems incorporate counselling, vocational training, and community involvement to address the root causes of delinquent behaviour.
United States
While there is a strong rehabilitation focus, particularly in juvenile court, the use of transfer to adult court for serious offences introduces more punitive elements
AGE OF CRIMINAL RESPONSIBILITY
India And UK
Set the age of criminal responsibility at a relatively low level ( 10 in the UK,7 in India)
Japan
Sets a higher age of responsibility, reflecting a focus on protection and education
United States
Varies by state, with some states allowing for very young children to be prosecuted in exceptional circumstances.
Judicial And Administrative Structures
India And UK
Use specialised juvenile courts or boards to handle cases, ensuring a child-friendly approach
Japan
Utilises family courts with a broader mandate to consider the child’s overall welfare.
United States
Features a more decentralised system with significant state-level variation.
HANDLING SEVERE CRIMES
India And The United States
Allow juveniles to be tried as adults for heinous offences, though this is controversial and subject to stringent criteria.
UK AND Japan
Tend to handle severe offences within the juvenile system, focusing on rehabilitation even for serious crimes.
Conclusion
The juvenile justice system in India. The United States, the United Kingdom, and Japan all aim to protect and rehabilitate young offenders, but they do so in different ways. These differences reflect each country’s unique culture, laws and social values.
In India, the system is guided by the Juvenile Justice Act, which focuses on care, protection, and rehabilitation. However, it allows older juveniles to be treated as adults in serious cases.
The United States tries to balance rehabilitation with the possibility of prosecuting juveniles as adults for severe crimes.
The United Kingdom and Japan, on the other hand, emphasise restorative justice and protection, providing strong support systems to help young offenders reintegrate into society.
These differences show how each country uses its own methods to address juvenile delinquency aiming to find the right balance between holding young offenders accountable and giving them a chance to reform.
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