Juvenile Justice System in Nepal

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term paper on juvenile justice system in nepal

Juvenile Justice System
1.Introduction:
Juvenile are the children below the age of 18 years. Nepalese legal system considers a child as juvenile if he is below the age of 16. Those juvenile consider children are not matured mentally and emotionally so the justice system for juvenile and adults are different.

The term juvenile justice refers to the legislation norms and standards procedures mechanism and provisions, institutions and bodies specifically applicable to juvenile delinquents. It is not only the treatment of children in conflict with laws but also includes affords to address the root causes of delinquents and implementing measures to prevent such behaviors. The justice system is a network of agencies that deal with juveniles whose conduct had come in conflict with the law. These agencies include police, prosecutor, law guardian (Defense attorney), judge and court staffs and the department of juvenile corrections. The concept and principles of juvenile justices system are as follows: •As the crime is an outcome of the pre-conceived thought and pre- determined action which is transfer to reality. So, child is not considered capable for committing crime. •An act of child constituting the violation of laws is not an outcome of the pre-conceived thought, nor is it materialized with pre-determined plan. •No child is criminally liable to be punished for his/her act. It is, because the criminal prosecution is harmful for the development of child therefore it requires a help in such situation. The goal of juvenile justice system is to remove juveniles from future illegal act. Children's justice is about not only the treatment of children in conflict with the law but also finding the root causes of offending behaviors and measures to prevent such behaviors. Work in the field of children's justice has two major types: prevention and protection. 2.Objectives:

a. To know the difference between criminal justice and juvenile justice. b.To know about the juvenile delinquent case are handled in Nepal. c.To know how child are involved in juvenile delinquency.

d.To know after juvenile did the crime, punishment hampers their mental, physical or emotional growth or not. e.To know whether the act and law are made for juvenile delinquent or not. f.To know what happens in juvenile cases.

g.To know how is the reforming of juvenile justice system.

3.Types of justice:

a.Restorative Justice:

Restorative justice (also sometimes called "reparative justice") is an approach to justice that focuses on the needs of victims and offenders, instead of satisfying abstract legal principles or punishing the offender. Victims take an active role in the process, while offenders are encouraged to take responsibility for the actions, 'to repair the harm they have done by apologizing, return stolen money or community service.' It is based on the crime and wrongdoing to an offense against an individual or community rather than state. Restorative approaches seek a balanced approach to the needs of victims, wrongdoer and community through process that preserve the safety and dignity of all.

b.Retributive Justice:
In ethics and law, "Let the punishment fit the crime" is the principle that the severity of penalty for a misdeed or wrongdoing should be reasonable. The concept is common to most cultures throughout the world. It presence in the ancient Jewish culture is shown by its inclusion in the Law of Moses, specifically in Deuteronomy 19:17-21, and Exodus 21:23-21:27, which includes the punishments of life for life, eye for eye, hand for hand, foot for foot.' That phrasing in turn resembles the older code of Hammurabi. The judgment of whether a punishment is appropriately severe can vary greatly between cultures and individuals. Proportionality requires that the level of punishment has to be equivalent...
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