(_g_) Juveniles should never be tried by a jury. This proceeding
is too solemn and too elaborate. Moreover, it is not within the
competence of a jury to determine whether the child possesses the
understanding so frequently mentioned as to the punishable character
of the offence. The only reason for which trial by jury might be
advantageous, is that a jury is more apt than a judge to take a mild
view.
(_h_) In the first instance, even in the case of graver offences, the
matter should come before an individual judge. Whenever possible, he
should be one experienced in matters of education and psychology,
and one whose specialty it is to deal with juvenile offenders. The
majority of criminal judges do not possess to-day the experience
and training requisite to the competent handling of juvenile
offenders, inasmuch as the majority of criminals brought before
them are adults. In every law court there should be one judge whose
specialty it is to deal with juvenile offenders; in countries in
which the law court is also the Board of Guardianship (see note on
p. 74), juvenile offenders should be brought before the Children’s
Judge (_Pupilarrichter_), who knows the children better than his
professional colleagues. Criminal proceedings against children
tend more and more to assume the form simply of the choice of the
necessary educational measures. Inasmuch as a coercive reformatory
education, when not the outcome of a criminal prosecution, has, in
most cases, been prescribed by the Board of Guardianship, it would
seem as well that the power to order a coercive reformatory education
in the case also of juvenile criminal offenders should be transferred
to the law court which works under the authority of the Board of
Guardianship.
(_i_) The prosecuting authority and the law court must keep in
close touch with all the associations devoted to the work of
child-protection, and with the institutions subserving this purpose,
and must avail themselves of the counsel and support of these
associations and institutions.
(_k_) In criminal proceedings against juvenile offenders, defence
plays a different part from that which it plays in the criminal
prosecution of adults. It should not be the principal aim of
the defending counsel to secure an acquittal or a diminution of
punishment, but rather to make sure that the juvenile offender shall
receive the treatment best adapted to effect his reform.
Public-domain text, read in full here on John Shaqi.
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