Limitation of the Pre–trial Detention as the Strategic Direction in Reforming Juvenile Criminal Justice
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Abstract
Criminological investigation on criminal justice and its impact upon juvenile delinquent have shown that:
– pre-trial detention plays a crucial role in the totality of effects and influences of the criminal justice upon personality of juvenile delinquent;
– this impact of pre-trial detention is contr-productive. Instead of improving the personality of a juvenile delinquent it spoils it, enforcing criminal trends in his development;
– this unfavourable affect is generated from the very essence of pre-trial detention and therefore it is highly resistant to any reforming by further development and improvement of pre–trial detention.
All that brings conclusion that the strategic direction in reforming our juvenile criminal justice is reduction and any possible limitation of pre-trial detention. Main ways for this limitation are regarded:
– increase of the minimal age of criminal responsibility;
– developing of diversion, mediation and other legal measure supposed to reduce the involvement of juvenile delinquent into criminal justice;
– decrease the minimal age from which the pre-trial detention can be applied to a juvenile delinquent;
– restriction of the maximal length of pre-trial detention;
- restriction of possible grounds for pre-trial detention;
– further formalisation of grounds for pre-trial detention;
– increase in standards of proof for pre-trial detention.
– pre-trial detention plays a crucial role in the totality of effects and influences of the criminal justice upon personality of juvenile delinquent;
– this impact of pre-trial detention is contr-productive. Instead of improving the personality of a juvenile delinquent it spoils it, enforcing criminal trends in his development;
– this unfavourable affect is generated from the very essence of pre-trial detention and therefore it is highly resistant to any reforming by further development and improvement of pre–trial detention.
All that brings conclusion that the strategic direction in reforming our juvenile criminal justice is reduction and any possible limitation of pre-trial detention. Main ways for this limitation are regarded:
– increase of the minimal age of criminal responsibility;
– developing of diversion, mediation and other legal measure supposed to reduce the involvement of juvenile delinquent into criminal justice;
– decrease the minimal age from which the pre-trial detention can be applied to a juvenile delinquent;
– restriction of the maximal length of pre-trial detention;
- restriction of possible grounds for pre-trial detention;
– further formalisation of grounds for pre-trial detention;
– increase in standards of proof for pre-trial detention.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
