4.1 In jurisdictions that recognize the concept of the age of criminal responsibility of juveniles, the onset of this age should not be set too low, taking into account the facts of emotional, mental and intellectual maturity. The objectives of institutional treatment, as set out in Rules 26.1 and 26.2, would be acceptable to any system and culture. However, they have not yet been achieved everywhere and much remains to be done in this regard. A very wide range of injunctions are allowed under Virginia law when a juvenile is found to be a delinquent. (Virginia Code ยง 16.1-278.8(A)) Depending on the circumstances, a juvenile court may: 2.1 The following Standard Minimum Rules shall apply impartially to juvenile offenders without distinction of any kind, for example, by race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Youth courts, also known as juvenile courts or peer courts, are prevention and intervention programs for youth that are becoming popular as an alternative option for youth, usually first-time juvenile offenders. Juveniles may be transferred to an adult court if the juvenile court waives or withdraws from its jurisdiction. (a) “Status offences” prescribed by different national legal systems, where the range of conduct considered criminal offences is wider for juveniles than for adults (e.g. truancy, disobedience at school and in the family, public drunkenness, etc.) (Rule 3.1); Article 30 therefore sets standards for the integration of research into the process of policy formulation and implementation in the administration of juvenile justice. In general, particular attention is paid to the need for regular review and evaluation of existing programmes and measures, as well as planning in the broader context of overall development objectives. 12.1 Police officers who frequently or exclusively deal with juveniles or who are primarily concerned with the prevention of juvenile delinquency should receive special training and education to carry out their duties to the best of their ability. In large cities, special police units should be established for this purpose.
Apply the following rules rigorously and fairly. The competent authority`s search for an appropriate resolution of the case may benefit in particular from the cooperation of the juvenile`s legal representatives (or any other personal assistant whom the adolescent may have and actually trust). This concern may be counteracted if the presence of parents or guardians at hearings plays a negative role, for example, if they exhibit a hostile attitude towards the young person, so that provision must be made for the possibility of their exclusion. 24.1. Efforts are being made to provide young people, at all stages of the process, with the necessary assistance, including housing, education or training, employment or other useful and practical forms of assistance, to facilitate the rehabilitation process. Probation means that the offender has some time to show that he has learned from his mistakes and that he can behave. During this time, offenders are supervised by the court, follow probation rules and report to a probation officer who closely monitors behaviour. If an offender meets the conditions, he or she will be exempt from parole. If an offender does not comply with the conditions, he or she can be brought before a judge who can impose harsher sentences. (a) Address the diverse needs of juvenile offenders while protecting their human rights; Incarceration is the handcuffing or physical imprisonment of a person.
In Virginia, a judge, admissions officer, or magistrate may detain a minor on grounds prescribed by law. Incarceration is most often used to detain a minor until a hearing. Minors are typically held in detention centers in Virginia. Juvenile justice is the area of criminal law applicable to persons who are not old enough to be held responsible for crimes. In most states, the age of criminal culpability is set at 18. The law of minors is mainly governed by state law and most states have enacted a juvenile code. The standards are based on the concept that a family court or juvenile court should be at the heart of any juvenile justice system that deals with all but the most egregious crimes committed by juveniles and does not transfer these cases to the criminal justice system until after a full hearing. Provocative and transformative, they are available to judges and lawyers, legislators, policymakers, teachers, administrators and other professionals to examine and improve juvenile justice in their jurisdiction. [See a summary of juvenile justice standards.] Social investigation reports (social reports or pre-conviction reports) are an indispensable aid in most cases before juvenile courts.
The competent authority should be informed of the relevant facts concerning the young person, such as social and family history, educational background, school experience, etc. For this purpose, some courts use special social services or staff attached to the court or chamber. Other staff, including probation officers, may perform the same function. The rule therefore requires that adequate social services be available to prepare reports on social surveys of a qualified nature. 1.3 Affirmative action, which involves the full mobilization of all possible resources, including family, volunteers and other community groups, as well as schools and other community institutions, to promote the well-being of the young person in order to reduce the need for intervention under the law. and effective, fair and humane treatment of youth in conflict with the law. This rule reflects the need to direct all work with young offenders towards rehabilitation. Cooperation with the Community is essential for the effective application of the competent authority`s directives.
In particular, volunteers and volunteer services have proven to be valuable resources, but they are currently underutilized. In some cases, the cooperation of ex-offenders (including former drug addicts) can be of considerable help. Some essential safeguards for juvenile offenders in institutions are contained in the Standard Minimum Rules for the Treatment of Prisoners (accommodation, architecture, bedding, clothing, complaints and requests, contact with the outside world, food, medical care, religious service, age segregation, staff, work, etc.), as well as in the provisions on sanctions, discipline and coercion for dangerous offenders. It would not be appropriate to amend this minimum set to reflect the specific characteristics of juvenile institutions under the Standard Minimum Rules for Juvenile Offenders. Progressive criminology advocates the use of non-institutional rather than institutional treatment. Little or no difference was found in the success of institutionalization versus non-institutionalization. The many negative influences on a person that seem inevitable in any institutional context obviously cannot be offset by treatment efforts. This is especially true for teenagers who are sensitive to negative influences. In addition, the negative effects, not only of the loss of freedom, but also of separation from the usual social environment, are certainly more acute for adolescents than for adults because of their early stage of development. Rule 27 focuses on the necessary conditions for young people in institutions (Rule 27.1) and the different needs of their age, sex and personality (Rule 27.2).
Thus, the objectives and content of the rule are linked to the relevant provisions of the Standard Minimum Standards for the Treatment of Prisoners. In particular, the planning process must highlight a more efficient and equitable system for the provision of necessary services. To this end, a comprehensive and regular assessment of the wide range of specific needs and problems of young people should be carried out and clear priorities should be defined.