The main concept that led to the development of a distinct system of justice was that a kid is less mature than an adult and hence less capable of purpose when committing a crime.
The intention of committing a crime is as follows,
- Children were thought to be more easily rehabilitable due to their low ability for intent.
- This is sometimes referred to as the classic juvenile justice approach.
- This approach held that the child's best interests were always essential and that therapy and rehabilitation may avoid further criminality.
Around 1960, a new perspective on juvenile offenders evolved, and additional parallels to the adult criminal justice system were established.
- Children were no longer regarded as property, but as individuals with rights and merit.
They now have the right to counsel, a notice of charges, the opportunity to confront and cross-examine witnesses, the right to stay silent, and the protection from double jeopardy.
- It was felt that the best interests of the child should be pursued while ensuring fundamental fairness and due process under this due process paradigm of juvenile justice.
- From the early 1980s to the present, the model driving the juvenile justice system has shifted once again.
- The present punitive approach prioritizes the best interests of society over the best interests of the kid.
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