“I am a child, all the world waits for my coming,
All the earth watches with interest to see what I shall become,
Civilization hangs in the balance,
For what I am, the world tomorrow will be.
I am the child; you hold in your hand my destiny,
You determine, largely, whether I shall succeed or fail,
Give me, I beg you, these things to make for happiness,
Train me, I beg you that may I be a blessing to the world.”1
Justice Hansaria correctly quoted Maime Gene Gole. Children or Juvenile are the future a nation and it is true that what they are now the world will become tomorrow. So we need to make their present better so that they can become a worthy citizen of the society. The law relating to Juvenile is not a new concept to the society it has been there from the ancient time. Even Manu said that women and children are entitled to be taken care of, no matter how many mistakes they make. The law was not codified, as it is now, and it was governed by different personal laws. In India, first legislation or a codified act regarding Juvenile Justice came in the year 1850 when the Apprentice Act, 1850 was enacted. Later on in Indian Penal Code, 1860 Section 82 and 83 expressly provides that a Juvenile under certain age limit cannot be prosecuted to commit an offence. The present act i.e. Juvenile Justice (Care and Protection of Children), Act 2000 came into being by substituting the 1986 Act after India adopted the UN Convention on Right of Child 1989 in the year 1992. A juvenile is among the vulnerable strata of the society since they are not as powerful mentally as well as physically hence they shall get equal protection of law as enshrined under Article 14 of the Constitution of India.
OBJECTIVE:-
The objective and e...
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...f neglect, abandonment, and exploitation. The 1990s should see concerted efforts to find more effective and innovative ways to help children already in such circumstances and to tackle the root causes which created the situations in the first place.” 5
References:-
1. For Juvenile Justice (Care and Protection of Children), Act 2000:
Administration of Juvenile Justice in India by Dr. Krishna Pal Malik, Allahabad Law Agency, First Edition, 2012.
The Juvenile Justice System in India by Ved Kumari, Oxford University Press, Second Edition, 2012.
Law relating to Juvenile Justice in India by R.N. Chaudhary, Orient Publishing Company, Second Edition, 2008.
2. For Jurisprudence:
Lectures in Jurisprudence by NK Jayakumar, Lexis Nexis Butterworths Wadhwa, Second Edition, 2010.
Jurisprudence and Legal Theory by V.D. Mahajan, Eastern Book Company, Fifth Edition, 2013.
The Adam Walsh Child Protection and Safety Act of 2006 was established because an American boy was abducted form a Florida shopping mall and was later found murdered. The act was signed into law by George W. Bush on July 27, 2006. This act is established to protect children from sexual exploitation and violent crime to prevent child abuse and child pornography to promote internet safety. This act is also known as the sex offender registration and notification act. It was established with the intention to strengthen laws related to child sexual predators. This law was instructed for each state and/or territory to apply criteria’s for posting offenders data on the internet.
Males, M. and D. Macallair (2000). “ The Color of Justice: An Analysis of Juvenile Justice
Bartollas, Clemens and Miller, Stuart J. (2014). Juvenile justice in america (7 ed.). Boston: Pearson Education, 58-60.
Vito, Gennaro F., and Clifford E. Simonsen. Juvenile justice today. 4th ed. Upper Saddle River, N.J.: Pearson/Prentice Hall, 2004. Print.
This paper will analyze the different theoretical issues pertaining to the modern juvenile court, determine their origin, and suggest a course of action for resolving these issues to the best extent possible. It is important to note, however, that the juvenile justice system alone cannot ever prevent all juvenile crime, respond perfectly to every situation or treat every suspect fairly. Furthermore, an effective antidote to modern juvenile crime would necessitate far broader action, addressing underlying social structure inequalities that breed poverty and social disorganization.
In February 2002, the House of Commons passed the Youth Criminal Justice Act (YCJA). The Act came into effect in April 2003, replacing the Young Offenders Act (Mapleleaf). The new legislation attempts to balance the legalistic framework of the Young Offenders Act and the social needs approach underlying the Juvenile Delinquents Act. This goal is apparent in the Declaration of Principle stating th...
This essay will first address the statute used and interpretation of the threshold test by the courts, and then focus on cases involving vulnerable children to assess whether the statute in The Children Act 1989 is sufficient in protecting these children from harm. I will look at the argument in favour of the current approach taken by the courts, and the counter-argument in favour of changing the current approach. The arguments are delicately balanced and the law is always developing, so it will be interesting to see how the Supreme Court resolves this issue in future.
juvenile justice” (Elrod & Ryder, 2011) is to detour juvenile crimes and not be so easy on
Nothing remotely similar to this exists for child abuse and neglect” (p. 1). The 2001 federal fiscal year budget was $3.74 billion for the National Cancer Institute. Between all of CAPTA’s grants combined, the total monetary governmental support comes to approximately $72 million. While cancer research is an incredible thing, child abuse and neglect programs should be well funded in order to help more children. In addition to more children being helped, if funding for abuse awareness increased, there would possibly be more jobs open for social workers and other types of advocates.
Larry J. Siegel, Brandon C. Welsh. "Juvenile Delinquency Theory, Practice, and Law." Linda Schreiber Ganster, n.d. 549.
In the United States, many states have similar juvenile systems that stem from the juvenile system that were established in 1899. Before the establishment of these formal juvenile system structures, there was a widespread dissatisfaction of how to deal with young criminals. The states wanted a more effective and humane way of dealing with these young people, but also wanted to isolate them from adult criminals. For example, Pennsylvania, divided law-breakers into two categories infants and adults. The category or infancy covered those fourteen and under. They believe that children under the age of seven were incapable of committing a crime. Now, those between seven and fourteen fell in both the infant and adult categories. If the prosecutor could present
Under the Juvenile Delinquents Act, the first act imposed in regards to young offenders,
Cox, S. M., Allen, J. M., Hanser, R. D., & Conrad, J. J. (2014). Juvenile Justice A Guide to Theory, Policy and Practice (8th ed.). Sage publications Inc.
It misled that youth could be innocent when charged in every case. However, children have the same intelligence as adults to know the consequences of doing wrong things. Thus, children who were convicted of criminal offences would face the same penalties and were treated as adult offenders (The Evolution of, 2009, p1). However, sometimes, penalties go beyond justice – these children would receive harsh punishment for minor criminal acts. As a result, the first Canadian law on juvenile crime, the Juvenile Delinquency Act (JDA), was adopted by Canada in 1908....
John P. Wright, Kären M. Hess, Christine H. Orthmann. "Juvenile Justice." Cengage Learning; 6 edition, 2012