미국소년사법의 새로운 전개-소년법적용연령의 확대에 따른 엄벌주의로부터의 탈피-
Study on New Development of American Juvenile Justice
0
조회
0
다운로드
6
인용
0
참고문헌
키워드
초록
.
Abstract
Researchers focused on brain development have found that 18-to 24-year-olds—also referred to as young adults — stand out as a distinct developmental group with heightened impulsive behavior, risk taking, and poor decision making. Young adults are also frequently not connected to education or jobs—approximately 1 in 5 young adults (the majority of whom are black or Latino) were out of school and out of work in 2013. These factors increase the odds that a young adult might come into contact with the justice system. As states work to ensure that limited resources are used efficiently to protect public safety, they need to develop a strategy for addressing the distinct needs of young adults under juvenile or adult criminal justice system supervision. Illinois recently joined to “raise the age” of juvenile court jurisdiction. Until December 31, 2009, 17-year-olds were always tried as adults for any crime. In 2008, the Juvenile Justice Initiative successfully passed the Senate Bill 2275. The bill was signed into law, Public Act 95-1031, on February 10, 2009, which allowed 17-year-olds charged with misdemeanors to be tried in juvenile court. Further “raise the age” reform happened in 2013. The JJI successfully advocated for House Bill 2404–a bill to extend juvenile court jurisdiction to include 17-year-olds charged with felonies–and urged then-Gov. Quinn to sign it into law, Public Act 098-0061 . Effective on January 1, 2014, the PA 098-0061 amended the definition of delinquent minor in the Juvenile Court Act to include a person who was under 18 years of age when he/she committed an alleged felony offense. “This change brings Illinois in line with 38 other states – and the rest of the world – who all recognize that seventeen year olds deserve the protections and the treatment solely available in the juvenile court in order to prevent reoffending.” JJI supports raising the age of juvenile court to 21 to bring our court system in line with research that shows young adults (people ages 18-21) are more similar to juveniles than adults in terms of criminal offending. In this study, I studied recent movements of the American Juvenile Justice (raising age for applying juvenile law in Connecticut State and Illinois State). This movement acknowledged the failure of severe punishment so far, it is the beginning of a new juvenile policy Dealing with juvenile delinquency can not be solved by simple severe punishment. The sense of security obtained by severe punishment is false, rather it will leave important issues.
참고문헌 (32)
- 강경래, "미국의 소년사법제도의 기원 - 요부양소년, 방임소년과 비행소년의 처우 및 통제에 관한 법률", 소년보호연구, 29(4), pp.1~22 (2016), 한국소년정책학회
- 강경래, "소년사법모델의 변용과 소년사법제도의 의의", 소년보호연구, 30(3), pp.1~33 (2017), 한국소년정책학회[DOI]
- 강경래, "미국소년사법제도의 선의권 (이송제도(Transfer System))의 변화 -엄벌화 정책에서 보호주의로의 회귀-", 소년보호연구, 30(1), pp.1~32 (2017), 한국소년정책학회[DOI]
- 강경래, "소년보호이념으로서의 후견주의(paternalism)", 소년보호연구, 25, pp.1~29 (2014), 한국소년정책학회
- "Automatic Adult Prosecution of Children in Cook County, Illinois. 2010-2012", Juvenile Justice Initiative, ~ (2014)
- State Trends: Updates From the 2013-2014 Legislative Session, "Campaign for Youth Justice", ~ (2014)
- The Impact of “Raise the Age” Law, "Campaign for Youth Justice", ~ (2016)
- The Consequences Aren’t Minor: The Impact of trying Youth as Adults and Strategies for Reform, "Campaign for Youth Justice", ~ (2007)
- Changing Course: A Review of the First Two Years of Drug Transfer Reform in Illinois, , Juvenile Justice Initiative, ~ (2008)
- Safe and Sound: A New Approach to Juvenile Justice and Its Effect on Public Safety and Spending in Connecticut, "Connecticut Juvenile Justice Alliance", ~ (2010)
- Review of Judicial Branch Activities in “Raise the Age”, "Conn. Jud. Branch", ~ (2012)
- Jurisdiction Plan. & Implementation Comm, "Conn. Juv.", ~ (2007)
- The Connecticut Juvenile Justice Strategic Plan: Building Toward a Better Future, "Department of Child and Families", ~ (2006)
- Fox, S. J., "The Law of Juvenile Courts In a Nutshell" (1984), West Publishing Co
- Connecticut Service Needs Study: 16 and 17 Year-old Court-involved Youth, "Hornby Zeller Assoc., Inc.", ~ (2007)
- Raising the Age of Juvenile Court Jurisdiction: The Future of 17-Year-Olds in Illinois’ Justice System, "Illinois Juvenile Justice Commission", ~ (2013)
- The Economic Impact of Raising the Age of Juvenile Jurisdiction in Connecticut: Remarks before the Judiciary and Appropriations Committee, "John Roman", Connecticut General Assembly, ~ (2006)
- Justice Policy Institute, "COMMON GROUND: Lessons Learned from Five States That Reduced Juvenile Confinement by More Than Half", ~ (2013)
- G. Larry Mays, "Do the Crime, Do the Time" (2012), Praeger
- Trying Juveniles as Adults. An Analysis of State Transfer Laws and Reporting, "Patrick Griffin", ~ (2011)
- "Press Release, State of Conn. Gov. Dannel P. Malloy, Gov. Malloy Launches Conversation on Expanding “Second Chance Society” Initiatives in Connecticut", ~ (2015)
- P. W. Tappan, "Justice for the Child" (1962)
- Juvenile Justice Reform in Connecticut: How Collaboration and Commitment Have Improved Public Safety and Outcomes for Youth, "Richard Mendel", ~ (2013)
- Trends in Juvenile Justice State Legislation 2011-2015, "Sarah Alice Brown", ~ (2015)
- Sickmund, M., "Juvenile Offenders and Victims:1997 Update on Violence", Office of Juvenile Justice and Delinquency Prevention, U. S. Department of Justice, ~ (1997)
- Juvenile Offenders and Victims:A National Report, "Snyder, H. N.", Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice, ~ (1995)
- State Trends: Legislative Victoroes from 2005 to 2010 Removing Youth from the Adult Criminal Justice System, "The Campaign for Youth Justice", ~ (2011)
- ADVANCES in Juvenile Justice Reform: 2009-2011, "The National Juvenile Justice Network", ~ (2012)
- The State of Sentencing 2012: Developments in Policy and Practice, "The Sentencing Profject", ~ (2013)
- Torbet, P., "Slate Responses to Seriaus and Violent Juvenile Crime", Office of Juvenile Justice and Delinquency Prevention, U.S, Department of Justice, ~ (1996)
- Torbet, P., "State Legislative Responses to Violent Juvenile Crime;1996-97 Update", Office of Juvenile Justice and Delinquency Prevention, U. S. Department of Justice, ~ (1998)
- U.S. Department of Justice, National Institute of Correction, "You’re an Adult Now: Youth in Adult Criminal Justice Systems", ~ (2011)
