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캐나다 소년사법 현황과 다양한 처우

Canadian Juvenile Justice Systems and Alternatives to Judicial Processing

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Faced with a situation that heinous youth crime gave rise to public's punitive attitudes toward juvenile delinquents and the public requested harsh on juvenile delinquents policy, Canada made a decision that through “Youth Criminal Justice Act of 2002”, juveniles would be given a chance to regret their wrongdoings, make a restitution for victims, change their attitudes, gain social skills and set their life goal by participating in various diversion programs. In addition, custody became the last resort only for the serious offenders and intensive treatment programs for mentally and emotionally troubled youth would be provided. After reviewing Canadian juvenile justice system, the current study provides six police implications for Korean juvenile justice system. Enacting law for using extrajudicial measures and extrajudicial sanctions, introducing Intensive Rehabilitative Custody and Supervision for mentally and emotionally troubled youth, and Life Coching Program of PACT, and Restorative Youth Circle of Peacebuilder, expanding post-release supporting shelters like John Howard Society, and providing child-centered advanced custody setting like Youth Justice Bureau.

Abstract

Faced with a situation that heinous youth crime gave rise to public's punitive attitudes toward juvenile delinquents and the public requested harsh on juvenile delinquents policy, Canada made a decision that through “Youth Criminal Justice Act of 2002”, juveniles would be given a chance to regret their wrongdoings, make a restitution for victims, change their attitudes, gain social skills and set their life goal by participating in various diversion programs. In addition, custody became the last resort only for the serious offenders and intensive treatment programs for mentally and emotionally troubled youth would be provided. After reviewing Canadian juvenile justice system, the current study provides six police implications for Korean juvenile justice system. Enacting law for using extrajudicial measures and extrajudicial sanctions, introducing Intensive Rehabilitative Custody and Supervision for mentally and emotionally troubled youth, and Life Coching Program of PACT, and Restorative Youth Circle of Peacebuilder, expanding post-release supporting shelters like John Howard Society, and providing child-centered advanced custody setting like Youth Justice Bureau.

참고문헌 (6)

  1. 위기청소년 교육적 선도제도 운영 실태 및 실효성 제고방안 연구: 기초분석보고서, "김지연", 한국청소년정책연구원, ~ (2018)
  2. 박선영, "소년사범에 대한 형사처분의 효과성 진단 - 미국의 평가연구 분석 -", 소년보호연구, 32(1), pp.105~130 (2019), 한국소년정책학회[DOI]
  3. 소년분류심사원의 역할 강화방안, "이승현", 한국형사정책연구원, ~ (2018)
  4. Casavant, L, "Youth Justice Legislation in Canada backgound paper, House of Commons", ~ (2012)
  5. Makarenko, J, "Judicial System and Legal Issues" (2007)
  6. Smandych, R, "Too bad, so sad: Observations on key outstanding policy challenges of twenty years of youth justice reform in Canada, 1995-2015", Manitoba Law Journal (2018)

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