The legal treatment for youth varies all over the world because developed countries base the juvenile laws in the constitution, whereas the developing countries legally treat the youths by customs in the society. Before democracy South Africa used to treat the youths by societal rules, today it complies with the country’s constitution and international laws. I am sharing South Africa efforts with the Child Justice Act (CJA) 75 of 2008 to improve juvenile justice policies and its similarities and discrepancies with the international community and the United States. Per Sloth-Nielsen and Gallinetti (2011) South Africa new justice system is a significant advance in children’s human rights. Because of the debate on human rights, especially children,
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The prevention policies promoting human rights, in particular children, utilized by the CRC are defined by these guidelines. Both the CRC and the United States agree that the prevention of delinquency programs should be the first phase of the juvenile system. Likewise, South Africa places emphasis on crime prevention as part of the restorative justice system model. The Riyadh Guidelines emphasize the prevention programs and the importance that the society play in preventing juvenile delinquency. The prevention programs under the Riyadh Guidelines consist of specialized programs through the family, school, vocational programs, peer group and the community for children at social risk, school drop-outs and street children. Another set of rules adopted by the United Nations in 1990 for the protection of juveniles is the JDL Rules or the Havana Rules. The major concern for these rules is to ensure the rights of the juvenile detainees are …show more content…
The states use four basic correctional models: treatment, justice, crime control, and the balanced and restorative justice (BARJ) to correct behavior caused by either the environment or free will. The focus of the treatment model is the mental, physical, and social needs of the child. It is most concerned on the offenders receiving therapy instead of institutionalization. The justice model supports juveniles deserve to be punished if they violate the law, but the punishment must be appropriate to the crime. Whereas, the crime model emphasizes punishment as the remedy for juvenile misbehavior; the offenders must pay for their crimes. The BARJ model contends that offenders have free will and know what they are doing. The model requires offenders to make amends to their victims and the community and considers the crime an act against the victim and the community. Today, many of the states use a combination of the justice and crime control models. Cases referred to the juvenile court may be transferred to criminal court if authorized by juvenile court judges. The outcome of each juvenile delinquency court case is subject to the state’s transfer and waiver provisions and
The prevention policies promoting human rights, in particular children, utilized by the CRC are defined by these guidelines. Both the CRC and the United States agree that the prevention of delinquency programs should be the first phase of the juvenile system. Likewise, South Africa places emphasis on crime prevention as part of the restorative justice system model. The Riyadh Guidelines emphasize the prevention programs and the importance that the society play in preventing juvenile delinquency. The prevention programs under the Riyadh Guidelines consist of specialized programs through the family, school, vocational programs, peer group and the community for children at social risk, school drop-outs and street children. Another set of rules adopted by the United Nations in 1990 for the protection of juveniles is the JDL Rules or the Havana Rules. The major concern for these rules is to ensure the rights of the juvenile detainees are …show more content…
The states use four basic correctional models: treatment, justice, crime control, and the balanced and restorative justice (BARJ) to correct behavior caused by either the environment or free will. The focus of the treatment model is the mental, physical, and social needs of the child. It is most concerned on the offenders receiving therapy instead of institutionalization. The justice model supports juveniles deserve to be punished if they violate the law, but the punishment must be appropriate to the crime. Whereas, the crime model emphasizes punishment as the remedy for juvenile misbehavior; the offenders must pay for their crimes. The BARJ model contends that offenders have free will and know what they are doing. The model requires offenders to make amends to their victims and the community and considers the crime an act against the victim and the community. Today, many of the states use a combination of the justice and crime control models. Cases referred to the juvenile court may be transferred to criminal court if authorized by juvenile court judges. The outcome of each juvenile delinquency court case is subject to the state’s transfer and waiver provisions and