By Antony Cutler, David Nye
Legal legislations -- Social elements.
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On one hand the reporter's decisions are analogous to the decisions of the panel in that he/she is required, in effect, to make a dispositional decision. The reporter has three choices, to do nothing, to seek to resolve the issue on a voluntary basis by agreement between local authority social services and the juvenile's parents or, if he/she considers that compulsory measures of supervision are necessary, to refer the matter to the panel. On the other hand, the reporter must consider whether the grounds for referral can be established in court, a role which puts him/her in a quasi-prosecutorial position and, in the case of appeals, acts as the effective legal agent of the panel.
More schematically we have seen the kind of objections raised from a consistent backward looking stance. Yet, in the course of these discussions we have only briefly touched on how such differences are manifested in criminallaw jurisdictions. The arguments outlined so far should lead us to expect not a consistent adherence to any of these positions but rather an uneasy attempt to combine them. The basis for this expectation, Forward and Backward Approaches to Criminal Law 25 and this theme, as we indicated in the introduction, will be present throughout the book, is the pursuit of heterogeneous goals.
45 What is interesting here is the way in which due process is significant relative to the advantage it accords the individual concerned. In the same vein juvenile justice is related to the objective of crime reduction: Certainly . . the high crime rates among juveniles to which we have referred, could not lead us to conclude that the absence of constitutional protection reduces crime or that the juvenile system, functioning free of constitutional inhibitions as it has largely done is effective to reduce crime or rehabilitate offenders.
Justice and Predictability by Antony Cutler, David Nye