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Social Function of Juvenile Court

NCJ Number
72264
Date Published
1979
Length
107 pages
Annotation
A collection of essays on the social function of juvenile courts is presented by a work group of the Dutch Center for the study of juvenile delinquency.
Abstract
The goal of the collection is to place juvenile law and juvenile courts in the context of judicial function and methods. Topics discussed include the legal context and the regulations governing juvenile protection in Holland, the evolution of juvenile law and the functions of juvenile courts; a description of the various public offices involved in juvenile protection; and the role of the judge and the juvenile court, as well as the process of reaching decisions in juvenile court. Also covered are the education required of the juvenile judge on the basis of the functions for which the judge is responsible, and models according to which juvenile protection in the Netherlands could be redefined. A summary of the discussions following the papers suggests that juvenile judges have an ambiguous role in which they are always faced with conflicts between a parental and a legal function, as well as between the child's interests and the interests of society. The ambiguity of the judges' role is aggravated by the lack of any special education requirements for juvenile judges. In the eyes of many, the family court provides a reasonable means of dealing with juveniles in their environment, but there are difficulties in determining the exact area of competence of the court. Much of the confusion in juvenile court issues arises from the unclear differentiation of the social function of the juvenile courts and the social function of juvenile laws in the law of 1965. While juvenile protection is part of this law, the basic legal guarantees for this sphere are inadequate. The need to recognize the responsibility of juveniles in their words and actions and to grant them the dignity of punishment is emphasized as the means for evoking respect for the basic principles of law. Participants are educators, lawyers, and judges from the Netherlands. Separate notes are supplied for each essay. For individual essays, see NCJ 72265-70.