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Chapter 3 Dissertation

This chapter compares the juvenile justice systems in India, the USA, and the UK, focusing on their approaches to the rights and rehabilitation of juveniles. Key differences include the minimum age of criminal responsibility, legal procedures, and philosophical approaches to juvenile justice. The analysis highlights India's mixed approach, the USA's historical punitive stance shifting towards rehabilitation, and the UK's strong emphasis on reformative and welfare-oriented practices.

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22 views3 pages

Chapter 3 Dissertation

This chapter compares the juvenile justice systems in India, the USA, and the UK, focusing on their approaches to the rights and rehabilitation of juveniles. Key differences include the minimum age of criminal responsibility, legal procedures, and philosophical approaches to juvenile justice. The analysis highlights India's mixed approach, the USA's historical punitive stance shifting towards rehabilitation, and the UK's strong emphasis on reformative and welfare-oriented practices.

Uploaded by

supriya mishra
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Chapter 4 – Comparative Analysis of Juvenile Justice Systems: India, USA,

and UK

This chapter offers a comparative examination of the juvenile justice


systems in India, the USA, and the UK, drawing on earlier chapters to
highlight both convergences and divergences. The aim is to evaluate how
each jurisdiction addresses the rights, responsibilities, and rehabilitation
of juveniles in conflict with the law.

1. Age of Criminal Responsibility

The minimum age of criminal responsibility (MACR) differs significantly


across the three systems:

India: The MACR is 7 years, and children between 16–18 years can be tried
as adults for heinous offenses under certain conditions.

USA: The MACR varies by state; some states have no set minimum age,
while others start from 6 to 12 years. The U.S. allows transfers to adult
court, often for serious offenses.

UK: The MACR in England and Wales is 10 years. Despite its low threshold,
the UK emphasizes restorative and welfare-based approaches rather than
criminalization.

2. Legal Procedures and Court Structure


India: Juvenile cases are handled by Juvenile Justice Boards (JJBs), with
procedures focused on inquiry, not trial, ensuring a child-friendly
environment.

USA: Courts may be juvenile-specific or general trial courts with juvenile


divisions, and procedures can be adversarial, often resembling adult trials.
Waiver to adult court is a prominent feature.

UK: The system includes Youth Courts, which are less formal than adult
courts. Serious cases may be tried in Crown Courts, but with safeguards
for child defendants.

3. Philosophical Approaches: Punitive vs. Reformative

India: Emphasizes a mixed approach, combining rehabilitation with


punitive measures in heinous cases post-2015.

USA: Historically punitive, especially during the 1980s–90s, but now many
states are shifting back toward rehabilitative and community-based
models.

UK: Strongly reformative and welfare-oriented, with a long-standing focus


on restorative justice, prevention, and individualized care.

4. Institutional Mechanisms and Rehabilitation


India: Implements Observation Homes, Special Homes, Aftercare
Programs, and CWCs under a centralized statute.

USA: Uses detention centers, probation services, diversion programs, and


community services, but lacks uniformity due to state variations.

UK: Operates through Youth Offending Teams (YOTs), combining legal,


social, and educational interventions for tailored rehabilitation.

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