Master's Thesis from the year 2004 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: A, Kyushu Daigaku (Kyushu University, School of Law), course: LL.M. International Economic and Business Law, 20 entries in the bibliography, language: English, abstract: Reforms in various juvenile justice systems have traditionally been
identified as shifts towards either the welfare/individual treatment
model ("Welfare Model") or retributive justice model ("Retributive
Model"). In Welfare Model systems, criticisms that the juvenile
offender was treated with too much leniency and was not made
accountable for his actions resulted into reforms which focused on
retribution and greater punishment. In Retributive Model systems,
criticisms that retribution and punishment did not actually reduce
recidivism of offenders resulted into reforms which focused on their
rehabilitation and treatment.
The tension between these two models arise in the different treatment
accorded the primary actor in this system, the juvenile offender. In the
Welfare Model, the juvenile offender is considered victim of his
circumstances and is given individualized treatment in accordance
with his needs. On the other hand, the Retributive Model treats the
offender as a menace to society and punishes and incarcerates him.
Both models, however, fail to take into account two other important
figures in the system - the victim whom the offender has wronged and
the community which is indirectly harmed by the wrongful acts of the
offender. The failure of existing models in addressing the needs of the
victim and society led to reforms in their key components. A notable reform in the Retributive Model reflects the growing concern
for the victim and the efforts made to enhance victim participation in
the system. Rather than simply focusing on punishment of the
offender through state processes, the victim is given greater
participation and role in the sanctioning process. This can be seen in
the reforms made in Japan's juvenile justice system. Another
important reform in the Retributive Model is the building of positive
community support and pressure such as the parent responsibility
ordinances and juvenile curfew statutes in the United States.