The Missing Link–Cooperation between Judicial and Social Welfare Systems in Dealing with Status Offenders

碩士 === 國立臺北大學 === 犯罪學研究所 === 98 === Since the establishment of the Juvenile Criminal Law in Taiwan in 1962, juveniles in need of supervision (JINS) have been subject to both to welfare and punishment. Debates on the treatment of JINS remain topical especially among academic, judicial and welfare pra...

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Bibliographic Details
Main Authors: Chen Wu Nan, 陳吳南
Other Authors: JOU, SUSYAN
Format: Others
Language:zh-TW
Published: 2010
Online Access:http://ndltd.ncl.edu.tw/handle/64011817147050566997
Description
Summary:碩士 === 國立臺北大學 === 犯罪學研究所 === 98 === Since the establishment of the Juvenile Criminal Law in Taiwan in 1962, juveniles in need of supervision (JINS) have been subject to both to welfare and punishment. Debates on the treatment of JINS remain topical especially among academic, judicial and welfare practitioners. This paper argues for the need to improve judicial treatment for JINS, and for cooperation between judicial and social welfare systems in dealing with status offenders. The study’s results indicate that in the current social welfare system in Taiwan, without court support, there is a lack legal enforceability of ‘treatment’. Therefore cooperation with the judicial system is needed. However, both systems have their own ‘logic’. Capacity in the the welfare system is limited, and so most diversion is impractical. It is unlikely that such facilities can ever fully replace judicial detention. To solve the problems, a process of counseling assistance before court is needed. In addition, the practice of a “conferencing trial” in court is also required so that the judges can decide on suitability of individual treatment.