In the case of juvenile offenders, imprisonment while awaiting trial
involves the greatest dangers, for its effects may be as disastrous
as those of imprisonment after sentence. The trial also involves
very serious dangers. In the corridors and waiting-rooms of the
law-court, the juvenile offender is kept awaiting the hearing of his
case. He sees there many things new to him. He hears the conversation
of the witnesses and of the other accused. He receives advice as
to his bearing in the dock. A public trial is not in the least
adapted to induce in the juvenile offender a sense of shame, or to
awaken in him the consciousness that he has taken a wrong path. As
far as he understands the matter, an imposing apparatus is at work
in a fine big room; the officials of the court do their work in a
cool and businesslike manner, and with an air of importance. In the
court there are a number of persons drawn to the place by curiosity
simply, and among these are the old associates of the accused, who
watch his behaviour with an eager interest, and regard his youthful
misdemeanours with indifference, or even with admiration. He feels
himself to be the hero and the central figure of a drama, and this
makes it even more impossible for him to follow the legal proceedings
attentively, and to defend himself in a proper manner. When the trial
is over, the newspapers are full of his case. If he is set at liberty
he immediately becomes the centre of an admiring circle of his
former associates, who listen to his words with eager attention, and
encourage him to relate again and again, and with many exaggerations,
the incidents of his case.
_Proposed Reforms._--Gradually the idea gains ground that in the case
of juvenile offenders the procedure should be totally different from
what it is in the case of adults. The principal reforms that are
proposed are the following.
(_a_) In the case of juvenile criminals it is indispensable to do
away with personal freedom. The leading principle of our penal
procedure, namely, to safeguard individual liberty, is out of place
in the case of juvenile offenders.
Public-domain text, read in full here on John Shaqi.
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