NCJ Number
79449
Date Published
1981
Length
346 pages
Annotation
This book examines the operation of the children's hearings system throughout Scotland, a unique juvenile justice concept in which a central role is played by panels of law volunteers. Implications of this project for the theory and practice of juvenile justice in Great Britain and the United States are reviewed.
Abstract
Implementated in 1971, the new system was composed of reporters (intake workers) and panel members for each region of the country. If the reporter decides that a child is in need of compulsory measures of care, the reporter will bring the child and the child's parents before a panel hearing. A child is defined as anyone under 16 years old or anyone under 18 years old for whom a supervision requirement is in force. The age of criminal responsibility is 18 years. Children may be in need of compulsory measures of care (which include protection, control, guidance, and treatment) if they are beyond the control of parents, suffer from lack of parental care, fail to attend school regularly, or commit various offenses listed in Schedule I of Scotland's Criminal Procedure Act of 1975. The study involved analysis of records and systematic observations of the hearings. Resulting data were examined to determine the quality of practice, including adherence to procedural requirements and the participation of children and parents in the proceedings. Samples of children and parents were personally interviewed to gain understanding of the fairness of the hearings and client feelings of personal involvement in the process, as well as to examine issues related to stigma and labeling. Large-scale questionnaire studies made it possible to identify the operational philosophies of panel members and social workers who serviced the hearings. Findings revealed that topics most frequently discussed in hearings were the child at school, grounds for referral and motivation, family's attitude toward the child, and the child's relationship with the peer group. Concluding chapters review the implications for change in Scotland and the place of children's hearings in the reform of the American juvenile justice system. A final discussion encompasses the issues of formality, punitiveness, individualization, and unintended consequences. Chapter notes, photographs, tables, a subject index, and a name index are included. A bibliography of about 50 references is supplied.