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S.L CONTEXT PAGE NO

1 Introduction 2

2 Juvenile Justice System 2

3 Definitions of Juvenile Justice 4

4 Juvenile Delinquency 4

5 Definition of Juvenile Delinquency 5

6 Who are Juvenile 5

7 Nature & Types of Juvenile Delinquency 6

8 Juvenile Delinquency in Bangladesh 8

9 Administration of Juvenile Justice in Bangladesh 9

10 Establishment & Setting of Juvenile Court 10

11 Characteristics of Juvenile Court 11

12 Power of Arrest & Arrest Procedure 11

13 Bail & Pre-trial Detention 13

14 Juvenile Court & Trial Proceedings 14

15 Punishment 15

16 Advantages of Juvenile Justice System 15

17 The Disadvantages of Juvenile Justice System 16

18 Importance of Juvenile Justice 16

19 Research & Debate 17

20 Conclusion 19

21 Bibliography 20

Introduction :
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Justice means to have a fair, efficient and legal process where the individual rights are
protected that reflects country reputation for upholding and promoting the rule of law.
The concept of justice is to give the fair and right decision to every people irrespective
of their caste, race, religion, ethnicity etc. The judiciary or the justice process carries into
courts where the judges give the judgement and settle the disputes between them. The
courts are divided such as Supreme Court, District Courts, etc. and there is also the
Court of general jurisdiction, juvenile courts etc. other than this there are different types
of the Court such as tax court, the trial court, civil Court etc.

In this context, we would be talking about Juvenile Court Systems. The Juvenile Court is
generally organized to give the decision to the criminals before the age of 18. The
juvenile court system is being established to help those children to reform themselves
who have involved themselves in crime and make the juvenile reform and make them a
better person for society.
So, the justice system is used to reform people who have diverged into a wrong path
and also make them a better person in the correctional centre and change their mind
and attitude towards the society and make them a better person to live in the
community.
About it, Judge Sim Eunseok said that,
“Juvenile crimes aren’t just committed. It’s something they sink into.”

Juvenile Justice System :

Juvenile Justice is a system where the Court gives judgment to the children below the
age of 18, according to the crime committed by them. The Juvenile Justice recognized
in the 19th century in Great Britain where the idea of delinquency and particular trials
plus institution for controlling as well as confining the youth and also to protect the rights
of the children through the juvenile cases heard in the similar Court as adults.

The first Juvenile Court of Law established in the year of 1899 in Chicago after that
another juvenile court was established and founded in different countries such as
Canada, Great Britain, France, Russia, Poland, Japan and Germany in different years.
There are many causes which had led to the rise of juvenile cases in the following years
there has been a cause of poverty, after effects of war, social disruption, dysfunctional
families, exposure of crime these factors leads to delinquency which led to the rise of
juvenile cases.
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The term delinquency in this context refers to the act by a juvenile that would be
dedicated as an offence if done through the adults. The term crime divided into two
forms criminal delinquency and status delinquency. Criminal delinquency wrongdoing
comprises murder,theft, break-in, and stealing. Status delinquency refers left from
home, truancy, liquid rule breach. In some state, it has been referred to as child welfare
or social service system while in some country the status delinquency is being dealt with
juvenile justice.

System of juvenile justice is frequent to criticism as they are probable to achieve a

figure of unreliable and dissimilar objective such as discourage criminal behaviour,
incapacitating grave criminal, establish suitable vengeance, and defending
adolescence. Many critics have questioned the exercise of trial dealing with juvenile
crime, and they have identified for the elimination of juvenile courts on the basis they
are not adequately disciplinary. Liberals, on the other hand, have criticized juvenile
courts to pay no attention to human rights of due procedure. The trend of juvenile justice
on 21st-century highlight curative impartiality, which agreement equivalent weight to
victim civil rights and criminal treatment insertion exacting value on compensation.
So juvenile justice has been a new way of truth though it faced many criticisms, still it
has given a form of reforming several people. (Law.jrank.org, 2019) (Howell and Lipsey,
2019)
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Definitions of Juvenile Justice :

Juvenile Justice is about not only the treatment of children in conflict with the law, but
also about the root cause of offending behavior and measures to prevent such
behaviour.[21] Work in the field of Juvenile Justice therefore has two major strands:
Prevention and Protection.

Prevention:
This work aims to ensure the children do not come into contract with the formal Criminal
Justice system. The cause of children offending are wide ranging are complex, and
include poverty, broken homes, lack of education and employment opportunities, Peer
Pressure and lack of parental guidance. These causes need to be tackled with a range
of social and economic intervention, including programs for education, poverty
reduction, skills development, parent counseling and job creation.

Protection:
At the same time, measures are needed to protect children who are already in conflict
with the law, in order to deter them from re-offending and to promote their rehabilitation
and smooth their reintegration back into society. Programmers and Projects that focus
of the following features which are: Advocating for law reform, to ensure that national
legislation conforms with international standards and guidelines on Juvenile Justice
issues for key members of government, criminal justice agencies and civil society,
Diversion Project that aim to keep children away from the formal criminal justice system
by resolving conflicts within the community.

Juvenile Delinquency :
Juvenile are the most susceptible segment of society. They react sharply to any social
problem. Scarcity of basic needs, lack of parental attention and any social crisis touch
them so deeply that many of them cannot cope with the abnormal situation. They
respond to social anomalies in ways approved by social norms and law. Some of them
choose a life pattern and develop juvenile subculture to exhibit their resistance that
injustice has been done to them.
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Juvenile delinquency cannot be considered by keeping it apart from social reality.

Social malfunctioning causes increase of juvenile delinquency and emergence of
juvenile sub-culture, indicating that the children have been subjected to
malnourishment. If the dominant culture of society fails to accommodate all the children
sufficiently, the deprived young folk will stand up with their own sub-culture. Different
countries have already experienced this reality. Juveniles’ resistance through
delinquency and aberrant life style reminds that social institutions need to be recognized
and cause of juveniles should be specially taken care of.

Definition of Juvenile Delinquency :

Juvenile are the most susceptible segment of society. They react sharply to any social
problem. Scarcity of basic needs, lack of parental attention and any social crisis touch
them so deeply that many of them cannot cope with the abnormal situation. They
respond to social anomalies in ways approved by social norms and law. Some of them
choose a life pattern and develop juvenile subculture to exhibit their resistance that
injustice has been done to them.
Juvenile delinquency cannot be considered by keeping it apart from social reality.
Social malfunctioning causes increase of juvenile delinquency and emergence of
juvenile sub-culture, indicating that the children have been subjected to
malnourishment. If the dominant culture of society fails to accommodate all the children
sufficiently, the deprived young folk will stand up with their own sub-culture. Different
countries have already experienced this reality. Juveniles’ resistance through
delinquency and aberrant life style reminds that social institutions need to be recognized
and cause of juveniles should be specially taken care of.

Who are Juvenile?

There are other two stages of juvenile they are child and adolescent. Here the full
description of juvenile is given below

Child:
If we analyze the concept of juvenile justice system in national legal context, there is a
wide variation in the definitions of the term "child". The Bengali word for child is 'Shishu.
A 'shishu' is only the first stage of childhood. In the Bangladeshi society 'shishu' does
not indicate a knowing and responsible child but an innocent, protected and dependent
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one. A 'shishu a child who does not understand. The word 'shishu' does no refer the age
or physical development of a child. It also refers to a child's life circumstances.

Adolescent:
The children who attained the age of puberty are called adolescent. According to the
biological science, nine years in case of female and twelve years in case of male are
called adolescent.. The adolescent grows up to become adult. The word adolescent and
adult ultimately from the same Latin called word 'adolscere, and meaning is to grow up.
The biological transition of adolescence or puberty is perhaps the most observable sign
that adolescence has begun. Technically puberty refers to the period during which an
ndividual becomes capable of sexual reproduction. More Broadly speaking however,
puberty is used as a collective term o refer to all the physical changes that occur in the
growing girls or boys as the individual passes from childhood into adulthood.

Juvenile :
The juvenile who already attained the age of thirteen but yet to attain the age of
eighteen is called juvenile. The word juvenile is derived from the Latin word juvenilis
from juveni which means young. In other words juvenile connotes a young person
without fully developed traits of youth. A juvenile is a child or young who under the
respective legal systems should be dealt with for an offence in a manner which is
different from that of an adult.

Nature and Types of Juvenile Delinquency:

Theorist classified juvenile delinquency from different aspects. Criminologist Hirsh

classified juvenile delinquency into 5 classes according to type of crimes. They are
 Incorrigibility.
 Truancy.
 Larceny.
 Destruction.
 Violation.
 Sex offence.
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According to type of crimes Eaton and Polk classified juvenile delinquency into 5
classes: They are
a. Minor violations. Such as, abnormal behavior, illegal dealings etc.
b. Major violations such as, car theft.
c. Property violations, such as, theft of the corps of another.
d. Addiction, such as smoking, drinking, drugs etc.
e. Bodily harm, such as, homicide.

According to Gibson juvenile delinquents can be classified is below mentioned classes.

i. Predatory gang delinquent
ii. Conflict gang delinquent.
iii. Casual gang delinquent.
iv. Automobile thief / joy rider.
v. Drug user.
vi. Overly aggressive delinquent.
vii. Female delinquent and behavioral problem delinquent.

Criminologists Richard and Alan identified three types of juvenile delinquent gangs.
Those are:
1. The Crime oriented gang.
2. The Conflict oriented gang.
3. The Retreatist oriented gang.
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Juvenile Delinquency in Bangladesh :

The Bangladeshi Government passed an Act in 1974[7] protecting the rights of child
criminals; however, children are continuing to be imprisoned with adults and treated
harshly by law enforcement establishments. World Vision has partnered with the
Bangladesh Retired Police Officers Welfare Association to heighten awareness and
protect the rights of juveniles who break the law.

The numbers of juvenile delinquents are increasing Bangladesh; the rate is alarming in
Dhaka city. One responds source of police claimed that, 40 percent of the arrested
criminals are juveniles. They are involved in theft, robbery, hijacking and extortion and
they possess different types of deadly weapons including fire arms. They are even
involved in killing. In two months of 2002, the police arrested 40 young offenders, who
were associated with hijacking. Moreover, young offenders, committed robbery and
extortion, were arrested. They were arrested with adult offenders. Arrested juveniles are
members of organized criminal gangs.[8]
Not only hijacking and extortion, juveniles are involved in killing. Highly placed source
of police informed that, juveniles are extensively utilized in the drug business. Drug
dealers use the youngsters in carrying and selling drugs.

The Juvenile Development Center[9] in Tongi is one of three juvenile development

centers outcast are considered very vulnerable. The police frequently pick-up and bring
such children to police stations, from where they are sent to either jail, juvenile
development centers, or vagrant homes etc. in Bangladesh that work together with the
Bangladesh Retired Police Officers Welfare Association (BRPOWA) and World Vision to
adopt appropriate measures for the rescue, eventual rehabilitation, trial, and correction
of young children who have broken the law, have been arrested, and charged for
committing various crimes. Since 1994, World Vision’s partnership with the BRPOWA
has established standards for the treatment of children who have been accused or
convicted of committing a crime.
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Administration of Juvenile Justice in Bangladesh :

The process of arrest, trial and sentencing can be immensely frightening and damaging
for a child. International rules guidelines promote and outline alternatives to intimidating
formal court procedures, including the use of diversion. However, where cases involving
young offenders do come to trial, the court system needs procedures that protect the
best interests of the child. For example: informing parents and family at point of first
contract with the formal system, ensuring regular and free access to legal aid and legal
representation, ensuring that children are supported throughout their court attendance
by an appropriately trained and impartial person, ensuring that language used in court is
understandable to the child judicial hearings which include specially trained lawyers and
judges. The court should be able to turn to a range of legislated options that are in the
best interests of the child. It should also be able to use bail and or some other measure
in order to ensure children are not remanded in custody.[22]
In 2004, Bangladesh raised the minimum age of criminal responsibility from seven
years of age to nine. Criminal liability of children between the ages of nine and twelve is
subject to judicial assessment of their capacity to understand the nature and
consequence of their actions.[23] While this amendment has made a modest
improvement, the minimum age is still far below international standards. Another
concern is that the current protections for child offenders do not extend to all children
under the age of 18.
Under the Children Act, 1974 “child” and “youthful offender” are defined as a person
under the age of 16.[24] Children between the ages of 16 and 18 are treated as adults.
10

Establishment & Setting of Juvenile Court :

The Children Act, 1974 presents that any case in which a child is charged with the
commission of an offence should be tried in a juvenile court. The government may
establish one or more such courts in the country[25] besides when a juvenile court
established in a local area the High Court Division, a Court of Session, a Court of an
Additional Sessions Judge and of an Assistant Sessions Judge, a Sub-Divisional
Magistrate and a Magistrate of the first class shall have the power to try any cases as
Juvenile Court.[26] Thus though the Act provides for establishment of Juvenile Courts it
also suggest ways for implementing the law if separate court is not possible to establish.

In Bangladesh, there are only three Juvenile Courts in Tongi, Jessore and Konabari
correctional institutes. And there is no Juvenile Court either in Khulna or Barisal or other
district headquarters and there are few Courts are exercising the power of a Juvenile
Court though it is possible for all the courts to act as a Juvenile Court without any
Gazette Notification.[27] The magistrates of these courts are not well aware of juvenile
justice. The magistrates have a tendency to follow the Code of Criminal Procedure
rather than the procedure laid down in the Children Act, 1974.

Juvenile Court should hold its sittings at least once in a week or as often as may be
necessary and the Court should as far as may be practicable sit in a building or room
different from that in which the ordinary sittings of the Court are held, or on different
days or at different times from those at which the ordinary sittings of the court are held.
[28]
Most often, The Juvenile Court in Jessore correctional institute sits in the official
chamber of the concerned Magistrate. But in Khulna and Barisal there are no such
arrangements. The arrangement in Dhaka Metropolitan Magistrate Office is more
pitiable. The children informed that they can not avail of proper legal aid; the magistrate
does not talk with them in the court-room. They exclaimed had they not been in this
institute, their case would have disposed of speedily.
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Characteristics of Juvenile Court :

An ideal juvenile court implements state control over the children instead of their
parents. The court tries the cases in an informal way and follows the reformation theory
instead of punishment. The children's bureau presented the essential characteristic of
juvenile court in 1902. Those are given below:
 Separate and special hearing for juvenile delinquent.
 The court's procedure should of informal.
 Regular probation service. The probationary officers appointed by the court
always keep in contact with delinquent and keep recommending for the
correction of the delinquent.
 Separate detention of children. So that the children can be kept away from adult
criminals.
 Special court and probation records. The juvenile courts keep probation records
for the correction of the juvenile. Its purpose is to watch the delinquent and take
help in case of future trial.
 Provision for mental and physical examination.It is the duty of the court to care
the children physically and mentally.

Powers of Arrest and Arrest Procedures :

The Police have wide discretionary powers to arrest children under a variety of laws.
The Children Act, 1974, the Vagrancy Act, 1943 and the Suppression of Violence
against Women and Children Act, 2000 give police the authority to take children into
custody on very broad grounds, including for prostitution, begging, being in the
company of a “reputed criminal or prostitute”, being “like to fall into bad association or to
be exposed to moral danger”, or being a victim of crime.[29] Both children who have
committed crimes and children in need of protection are processed through the police
station and subject to involuntary detention in a remand home or other “place of safety”.
Article 54 of the Code of Criminal Procedure, 1898 and the Dhaka Metropolitan Police
Ordinance allow police to arrest anyone on the grounds of “reasonable suspicion” that
the person has been involved in a criminal act.
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The committee on the Rights of the Child has expressed concerned at the incidence
of violence, including sexual abuse and physical brutality, directed at children by police
officers, and has called for the state to take all necessary measures to prevent and
punish police violence.
The Children Act, 1974 does not contain any special provisions limiting the use of
physical force, restraints or handcuffs in the arrest of a child, nor does it have any
special provisions with respect to the talking of statements or confessions from children.
When a child has been arrested, the police are required to immediately notify both the
probation officer and the child’s parents or guardian.[30] However, in practice this is
generally not done, often because the police do not have time or resources to trace
parents.[31] Furthermore, some police reportedly deliberately misstate the child’s age
on the charge sheet in order to avoid the added procedural bother that flows from
identifying him/her as a child.
Children subject to arrest must be brought before the Court within 24 hours.
Although the Children Act, 1974 states that children may be kept in custody at the police
station only if arrangements are available to keep them separate from adults, in practice
children are often mixed with adults in police lock-ups. Police contend that, in the
absence of adequate facilities they are compelled to detain children in the jails with
adults until they are brought to Court.
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Bail and Pre-trial Detention :

Under the Children Act, the officer in charge of a police station has the authority to
release a child on bail, even for a non-bail able offence.[32] This provision potentially
gives broad scope for the police to prevent children from being unnecessarily detained
in police lock-ups. However, in practice this authority is rarely used, reportedly because
police are unaware of the law, or do not have the resources to trace parents.[33] The
law itself places restrictions on their authority, stating that the police should not release
a child if it will “bring the child into association with reputed criminals”, “expose him to
moral danger”, or where release would “defeat the ends of justice”. These grounds are
broad and do not promote the minimum use of detention. When a child who has been
arrested is brought before the Court, the Court may release the child on bail or order
him/her to be detained in a remand home or place of safety.[34] There is no stated
preference for a non-custodial option. The Children Act, 1974 does not contain any
special considerations for the granting of bail to children. There are no limitations on the
duration of pre-trial detention, and children can languish for years waiting for their case
to be determined by the Courts. Many are eventually found not guilty by the Courts due
to lack of evidence.

Children who are subject to pre-trial detention may be sent to one of the three
specialized Remand Homes (two for boys at Tongi and Jessor, and one for girls at
Konabari). Although these Remand Homes are located on the same grounds as the
Child Development Centers, children who are on remand are kept under full-time
confinement and are not permitted to take part in education classes, trade course or
games and cultural activities.

Furthermore, despite the fact that the children’s remand homes are consistently
operating under capacity, the vast majority of children who are detained while awaiting
their trial are sent to regular prisons. For example, in one-four month period between
October 2006 and January 2007, 476 children were sent to Dhaka Central Jail, while
only 19 were sent to Tongi Correction Centre. The police note that they do not have
vehicles to transport children out to Tongi, Which is approximately 20 kms from Dhaka.
Due to lack of separate facilities, children in jails are generally not separated from adults
and are subject to abuse.
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Juvenile Court and Trial Proceedings :

The Children Act, 1974 calls for the designation of juvenile Courts, specialize Juvenile
Courts, and requires courts of all levels to follow the special court procedures when
hearing cases involving an alleged offender under the age of 16.[35] When hearing
juvenile cases, the Court should sit in a different building or room from the ordinary
court sitting, or on a different day or time of day.[36] The Court is closed to the public,
and the media is prohibited from disclosing the child’s identify.[37] Proceedings must be
conducted in as simple a manner as possible and in a “home-like atmosphere”.[38]
When being brought before the Court, children should not be under the close guard of a
police officer, but should be permitted to sit in the company of a relative or probation
officer.[39] The child’s parents or guardian have the right to be present, and may be
required by the Court to attend.

The existing Juvenile Courts are no different from adult courts in terms of their
physical design, and tend to re-create the same formal environment as the regular
courts. They have limited jurisdiction, and cannot hear cases of children who have
committed serious offences. Most children in conflict with the law are therefore referred
to the regular courts. While children’s cases should be referred to a designated juvenile
magistrate, in practice this does not always occur. Most Courts do not comply with the
requirement to separate juvenile cases and deal with them at a different time of day
then the adult proceedings. The Children Act, 1974 is reportedly not well-known by
magistrates, and even when they are aware there is still the tendency to approach
cases involving children like ordinary criminal matters. Magistrates do not communicate
directly with the child, and it has been noted that children exhibit a greater deal of fear in
court and sometimes cry. Although there is a legal aid system in place, many children
are unrepresented, or are taken advantage of by unscrupulous lawyers. When being
transported from the police station to the court, children are packed into ill ventilated
prison vans together with adults. While waiting for their cases to be heard, children are
kept in the court custody cell, sometimes for five or six hours, along with adults. There
continue to be incidents of children being brought into court in handcuffs.

Children who are arrested under the Vagrancy Act are taken before the Special
magistrate at the Vagrant Reception Centre, rather than the Juvenile Court. Hearings
are reportedly very brief, and children are generally not given the opportunity to speak.
The Vagrancy Act does not provide a fixed time for confinement, and children may be
detained there for lengthy periods of time, particularly if they are unable or unwilling to
provide the address of a parent or guardian
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Punishment :
Much of the provisions of the previous Act of 1974 regarding orders that may be passed
by the court on finding a child guilty of an offence have been retained in the newly
enacted Act of 2013, with some new provisions added. It provides that, no child shall be
sentenced to death, imprisonment for life or imprisonment. But when a child is found to
have committed an offence so serious in nature that in the opinion of the court the
punishment provided by this law is not sufficient, or if the court is satisfied that the child
is so unruly or of such depraved character that he cannot be sent to a certified institute,
or that any other alternative methods in which he may be dealt with are not suitable in
his case, then the court may sentence the child to imprisonment and send him to prison.
However, the period of sentence may not exceed the maximum period to which the
child could have been sentenced. He may be ordered to be detained in a certified
institute instead of prison until he reaches the age of 18. When a child is sentenced to
imprisonment, he or she shall not be allowed to associate with any adult in the prison,

Advantages of the juvenile justice system :

The juvenile justice system has been the right solution for dealing with adolescent
offenders and making the offenders capable of coming out as a reasonable person in
society. There are some advantages of the juvenile justice system where the offenders
can rectify themselves as a better person.

1. In the case of a murder, the sentences have to give to the criminal, and it is a method
where the injured party can put on some quiet or settlement, as they can't get their
esteemed one who is taken from them back.
2. An adolescent who is conscious that they will chastise will not be committing crimes.
They motivation be disheartened if they find that they are peers punished
3. Juvenile court cases are being determined only by a moderator. If this attempt as
adults, there will be judges that resolve assist in choosing if they are culpable or not so
that the choice doesn't lie on one being alone.
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So these are the advantages of the juvenile court system, and the judicial system is
therefore intended to save the adolescent from committing crimes in future and giving
them the prospect to be a good man. (Cheeri, 2018)

The disadvantage of Juvenile System :

The advantages and disadvantages are both the sides of the same coin, and the
difficulties of a juvenile system are very relevant as the judiciary may lead to some
problems as it leads to youth in a horrible way.

1. Adult prison places where the juvenile can be ill-treated and injured. They can also be
uncovered to other offence and join gangs that are very ordinary in a grown correctional
facility, flattering even more hard-bitten criminal.
2. Juvenile criminal might take it as communication that they contain no prospect, and
no anticipate of appropriate something else other than an unlawful. It is destructive to
the juvenile and the family.
3. Guardian ought to educate their kids to correct from incorrect and ought to bear some
accountability for the events of their children. By transfer youth to jail, parents can let off
the hook.
4. Juvenile courts can advise psychotherapy, home capture, curfews, and another form
of sentence somewhat than having a prison verdict. In the adult, court jury has less
choice, plus occasionally the only alternative to decide is jail.

The disadvantages of the juvenile system are that the convict can go in another way,
and the adolescent may go in the wrong path, and the convict may be in crime. So the
disadvantage of the juvenile system is very much as it somehow makes the convict
infused into crime and criminals. (Cheeri, 2018)

Importance of Juvenile Justice :

17

Juvenile Justice is an essential aspect of every country judiciary system. In every

country, the juvenile justice system is implemented to give judgement to children below
the age of 18. In United States America, it has found that there has been a significant
rise in the crime; there had been a substantial rise in violent crimes by young children.
But there has been controversy regarding the juvenile delinquency some critics argue
that there had been a significant rise in the minor crimes whereas some critics say that
the teenage crime rate has significantly been downwards. But if we look it then the
public judges, legislator have given a view about the rise of juvenile crime in the
significant years and to reduce the crime rates it has been very substantial that the
juveniles transferred to adult courts and they have been given harsh punishment so that
it leaves a long-lasting impact on the other youngsters. It has also found that the
youngsters are in the juvenile crime due to difference in the community in a survey it
has founded that 40% of white American are in minor offences whereas the rate of
crime has increased in the African-American community; there has been a significant
rise in the female juveniles it has found in recent years that females percentage of
juvenile delinquency has grown very rapidly, and therefore the females have to suffer a
lot in jails than the male juvenile; Many youngsters of 12 years commit sin, and the
juvenile Court take those cases very seriously and harshly punish them thinking that
they would commit crime in future in a terrible way. In the United States, the juveniles
can be given capital punishment where some of the youths can be told to be executed
(when they are 20 years of age). So this juvenile system somehow prevents the
youngsters from committing crimes and having a secure future, and they have not
inclined in the path of crime (Marcus, 2018)

Research and debate :

Juvenile offenders have been a special focus of research in the field of criminology.
Most early studies compared juveniles who were processed by juvenile courts with the
general population or to groups of nondelinquents. Such cases were considered to be
biased, however, usually because they were based on nonscientific samples of youths
who committed (or did not commit) delinquent offenses. Research that utilized interview
and questionnaire responses gathered from representative samples of youths had
become the dominant method for studying juvenile delinquency by the 1970s. Such
research generally confirms higher rates of delinquency among the following groups: (1)
boys rather than girls, especially for the most serious offenses, (2) minority youths for
major property and violent offenses, (3) youths with delinquent peers, (4) youths who
have dropped out of school or who have difficulties in school, (5) youths whose parents
neither communicate with them nor monitor their activities, (6) youths who do not accord
moral authority to the law and its representatives, (7) youths who exhibit little empathy
18

or concern for the effects of their actions on others, (8) youths whose parents have
committed offenses or have exhibited violence in relationships within the family, and (9)
youths who come from neighbourhoods with high crime rates and who have few positive
forces in their lives—that is, youths with little social capital. Although there is some
evidence that variations in physiological and hormonal characteristics may affect
delinquency, they appear to do so through their effects on learning and social
relationships.

The information garnered through such research influenced the design of several
programs aimed at preventing or reducing delinquency. Correctional programs that
strove to change offenders through group processes recognized the role of peer groups
in promoting—and preventing—delinquent behaviour (see group therapy). Such
programs included those aimed at parents (including constructive techniques for
monitoring and responding to misbehaviour), those intended to increase a commitment
to one’s school, those aimed at restorative justice and encouraging empathy through
restitution, and neighbourhood surveillance projects such as Neighborhood Watch,
recreational activities for juveniles and adults, and local problem solving.

Systems of juvenile justice are frequent subjects of criticism, not least because they are
expected to accomplish a number of varying, and sometimes incongruent, goals, such
as deterring delinquency, incapacitating serious offenders, establishing appropriate
retribution, and rehabilitating and protecting youth. Some conservative critics have
challenged the use of probation in dealing with juvenile offenders and have called for
the abolition of juvenile courts on the grounds that they are not sufficiently punitive.
Liberals, meanwhile, have criticized juvenile courts for often ignoring rights of due
process. A commonly proposed alternative would reinstate a single justice system with
special considerations in sentencing based on age—a policy that would require
extending to juveniles the same due-process rights enjoyed by adults.

The concept of family treatment has been the object of significant attention. In this
approach, the family is viewed as a major influence on the attitudes and behaviours of
young persons; the treatment of delinquency therefore emphasizes patterns of
interaction between family members. Particular attention is paid to parenting skills,
discipline, and control tactics, especially for teenagers.

Defenders of the juvenile justice system point to the fact that most youths whose cases
are handled by juvenile courts appear only once. Furthermore, only a small proportion
of such offenders will progress to more serious courses of adult crime.
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One trend in juvenile justice philosophy at the turn of the 21st century emphasized
restorative justice, which accords equal weight to victims’ rights and offender
rehabilitation while placing particular value on restitution. Ongoing evaluations of such
programs have shown promise toward the reduction of recidivism

Conclusion :

All on, some critical questions as to how the judicial system influence we have already
have came to know about what is justice and how justice has defined the importance of
growing scenario and how judgment begins in the importance of the courts and how the
courts divided into different types such as criminal Court, civil Court, juvenile Court etc.
In this context we have discussed about how juvenile Court found and what is the role
and the importance of Juvenile Court and how the juvenile Court gives decision and the
procedure of giving the judgment and how the division conducted the advantages and
the disadvantages of a juvenile court system reflects the pros and cons of whether the
judicial system needed or not. The case study also indicates some of the essential
cases in minor history where we see the decisions made by the jury and how that
decision affected the lives of young adolescent and how their career ruined. So those
decision of judgement have been really important as it displays that juvenile justice
system is not always right and there have been some drawbacks regarding this system
where we found that the decision of having a juvenile court is correct, but the juveniles
kept with adults which does not make the conclusion of the Court not viable. It found
that the punishment of a youth and an adult is very different. The charge of juvenile
crime is for six years, whereas the same cost in an adult is two months and a fine of
$50.

So the juvenile Court should keep a look at all the aspects of the decision taken by me
as the decision can make suffer the convict and the whole family. So this decision of the
Juvenile Court should be chosen wisely.
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Bibliography :
1. A text book named “Theory & Practice of Criminology” written by Rizvi
Ahmed.
2. https://www.expertsminds.com/content/sample-paper/juvenile-justice-
assignment-help-10059.html
3. https://legalbeagle.com/7207962-pros-cons-juvenile-justice-system.html
4. https://www.lawyersnjurists.com/article/juvenile-delinquency-and-juvenile-
justice-system-in-bangladesh/
5. https://www.expertsminds.com/content/sample-paper/juvenile-justice-
assignment-help-10059.html
6. https://assignmentpoint.com/juvenile-justice-system/
7. https://www.britannica.com/topic/juvenile-justice/Egypt
8. https://nap.nationalacademies.org/read/9747/chapter/7#155