(_b_) To-day, owing to defective understanding of the psychology
of children, the authorities regard juvenile offences as extremely
serious. It is held that every child that is brought before the
courts is of necessity corrupt. But it is not by any rigid legal
code, but rather by the principles of expediency, that we should be
guided in the case of juvenile offenders; that is to say, in the case
of petty offences, committed by young persons, the latter should
never be brought before the law courts at all. The objection that
on general legal principles an even-handed justice is absolutely
essential, is so far sound, that there is undoubtedly a danger lest
the authorities should refrain from initiating proceedings against
the children of persons of influence, whilst letting the law take
its course when the offenders’ parents are people of no importance.
But this objection can also be overcome. The principle of expediency
can, in addition, be applied in the following manner: the prosecuting
authority allows a period of probation to elapse before proceedings
are initiated, and if the youthful offender continues to behave
well, the prosecution is altogether dropped. In the case of juvenile
offenders, legal prosecution is not of much importance. The judge or
magistrate would need the powers and capabilities of an inquisitor,
for if he is to decide rightly, he must be acquainted with every
detail regarding the life and the environment of the juvenile
offender.
(_c_) In the preliminary proceedings it is necessary to study very
thoroughly the family life and social conditions in which the child
has grown up. The most satisfactory way is to seek the necessary
information from the parents or other persons in authority, or from
other adult associates of the child, as from the guardian, the
teacher, the clergyman, or from servants.
(_d_) A child awaiting trial should on no account be sent to prison.
If safe custody of the person is essential, some grown person in whom
the court has confidence must be made responsible for the care of the
child.
(_e_) The prosecuting authority should have the right to make any
proposal which may further the child’s interests, including a
proposal to send the accused to a reformatory.
(_f_) The trial should on no account be a public one. (It is
essential, when criminal proceedings are taken against a minor, that
no other minors should be admitted to court as idle spectators.) We
are concerned, not with the punishment, but with the education of a
child, and the matter is not one suitable for the fullest publicity.
But for the protection of the child’s interests, it is, of course,
necessary that the legal representatives of the accused, and the
officials of organisations for child-protection, should attend the
proceedings.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account