Practicing in France What Americans Have Preached: The Response of French Judges to Juveniles

Abstract

Despite a downturn in delinquency in North America, juvenile justice systems and the public act as if there has been an increase in delinquency. Calls for “get-tough” policies are common and the system is responding accordingly. The recent Canadian Young Offenders Act also reflects this theme. However, most criminologists argue for keeping juveniles in normal community settings, and France may have accomplished what these scholars have been recommending since World War II. Relatively few youths are placed in closed custody. When a juvenile is being helped, the notion of punishment is set aside. For example, if a juvenile leaves a group home it is not an offense. Incarceration is not used when a youth fails to obey administrative rules. This paternalistic system pays minimal attention to due process, but it may avoid the negative aspects of North American systems while providing services that are utilized more effectively.