Juvenile Guarantecs of Fair trail

Year: 
2016
Discussion Committee: 
Dr. Nael Taha/suprvisor
Dr. Abdallah Najajreh/external examiner
Dr. Anwar Ghanem/internal examiner
Supervisors: 
Dr. Nael Taha/suprvisor
Authors: 
Sarah Ameen Ali
Abstract: 
This study focuses on juvenile guarantees for fair trial, especially on a number of guarantees that should be followed through the juvenile trial. For the trial to be fair, the court and all justice instruments should commit to implementing these guarantees, to achieve the best interest for these juveniles. Trough the descriptive analytical flow, the study focuses on the trial period because it is the crucial period in juveniles’ life. The judiciary system is the body responsible to achieve justice, especially when the accused are juveniles, the future of this nation. The study contains three chapters: the first chapter tackles the juvenile fair trials, the second chapter discusses the juvenile guarantees during trial, and the third chapter describes the practical aspects during the implementation process of these guarantees. The first chapter defines the fair trial and the basis of the right to fair trial. It also discusses the nature of the right, as well as the definition of a juvenile, and the juvenile’ criminal responsibility. It also discusses the types of crime and criminal conduct that determine whether a young person will be charged with a crime in a juvenile court. The second chapter discusses the guarantees that already exist in local laws and legislations, with respect to the trial, as well as the necessary consideration of a juvenile’s personality. The chapter also discusses the international legislations and standards and what guarantees they have allocated for the juvenile offenders. The third chapter discusses the components of the judicial system responsible for implementing these guarantees, including the police, general prosecution, judiciary system, child protection inspector, and the ministry of social affairs. A case study included in this paper showcases how juveniles are treated in both the dominant Jordanian law and the Palestinian child protection law. The significance of this study is in analysis of the types of guarantees that should be accorded to juveniles during trial and the practical roles of such guarantees. To enforce the concept of fair trial, the best interest of the juvenile should be prioritized, and all the guarantees that are ensured by the local and international laws should be implemented, especially considering that the State of Palestine has joined this forum. These juveniles should not be criminalized and punished. Instead, the focus should be to rehabilitate them and provide them with the needed support to prevent them from becoming criminals in the future. Currently, the juvenile protection law that is applied in Palestine is the Jordanian Rehabilitation Law number 6 of the year 1954, still valid until the President Mahmoud Abbas. President Abbas has ratified the Palestinian Juvenile Protection Law that grants the juveniles plenty of guarantees during fair trials. In effort to align the juvenile justice system with international standards, sufficient resources have to be available. The study concludes the following, to achieve fair justice for juveniles, where guarantees are to be given to young of fenders, there should be a specific juvenile court to handle juvenile cases. The study also recommends that the juvenile court system should not deal with juveniles as the accused or socially stigmatized, but to to attempt to rehabilitate them and provide all possibilities to help them adjust to their communities. To achieve the fair trial, all judicial instruments have to work together in a complementary approach. The fair trial should be the start of helping these offenders readjust to their society, therefore, greater efforts have to be exerted towards including these juveniles in their families and communities. This study focuses on juvenile guarantees for fair trial, especially on a number of guarantees that should be followed through the juvenile trial. For the trial to be fair, the court and all justice instruments should commit to implementing these guarantees, to achieve the best interest for these juveniles. Trough the descriptive analytical flow, the study focuses on the trial period because it is the crucial period in juveniles’ life. The judiciary system is the body responsible to achieve justice, especially when the accused are juveniles, the future of this nation. The study contains three chapters: the first chapter tackles the juvenile fair trials, the second chapter discusses the juvenile guarantees during trial, and the third chapter describes the practical aspects during the implementation process of these guarantees. The first chapter defines the fair trial and the basis of the right to fair trial. It also discusses the nature of the right, as well as the definition of a juvenile, and the juvenile’ criminal responsibility. It also discusses the types of crime and criminal conduct that determine whether a young person will be charged with a crime in a juvenile court. The second chapter discusses the guarantees that already exist in local laws and legislations, with respect to the trial, as well as the necessary consideration of a juvenile’s personality. The chapter also discusses the international legislations and standards and what guarantees they have allocated for the juvenile offenders. The third chapter discusses the components of the judicial system responsible for implementing these guarantees, including the police, general prosecution, judiciary system, child protection inspector, and the ministry of social affairs. A case study included in this paper showcases how juveniles are treated in both the dominant Jordanian law and the Palestinian child protection law. The significance of this study is in analysis of the types of guarantees that should be accorded to juveniles during trial and the practical roles of such guarantees. To enforce the concept of fair trial, the best interest of the juvenile should be prioritized, and all the guarantees that are ensured by the local and international laws should be implemented, especially considering that the State of Palestine has joined this forum. These juveniles should not be criminalized and punished. Instead, the focus should be to rehabilitate them and provide them with the needed support to prevent them from becoming criminals in the future. Currently, the juvenile protection law that is applied in Palestine is the Jordanian Rehabilitation Law number 6 of the year 1954, still valid until the President Mahmoud Abbas. President Abbas has ratified the Palestinian Juvenile Protection Law that grants the juveniles plenty of guarantees during fair trials. In effort to align the juvenile justice system with international standards, sufficient resources have to be available. The study concludes the following, to achieve fair justice for juveniles, where guarantees are to be given to young of fenders, there should be a specific juvenile court to handle juvenile cases. The study also recommends that the juvenile court system should not deal with juveniles as the accused or socially stigmatized, but to to attempt to rehabilitate them and provide all possibilities to help them adjust to their communities. To achieve the fair trial, all judicial instruments have to work together in a complementary approach. The fair trial should be the start of helping these offenders readjust to their society, therefore, greater efforts have to be exerted towards including these juveniles in their families and communities. This study focuses on juvenile guarantees for fair trial, especially on a number of guarantees that should be followed through the juvenile trial. For the trial to be fair, the court and all justice instruments should commit to implementing these guarantees, to achieve the best interest for these juveniles. Trough the descriptive analytical flow, the study focuses on the trial period because it is the crucial period in juveniles’ life. The judiciary system is the body responsible to achieve justice, especially when the accused are juveniles, the future of this nation. The study contains three chapters: the first chapter tackles the juvenile fair trials, the second chapter discusses the juvenile guarantees during trial, and the third chapter describes the practical aspects during the implementation process of these guarantees. The first chapter defines the fair trial and the basis of the right to fair trial. It also discusses the nature of the right, as well as the definition of a juvenile, and the juvenile’ criminal responsibility. It also discusses the types of crime and criminal conduct that determine whether a young person will be charged with a crime in a juvenile court. The second chapter discusses the guarantees that already exist in local laws and legislations, with respect to the trial, as well as the necessary consideration of a juvenile’s personality. The chapter also discusses the international legislations and standards and what guarantees they have allocated for the juvenile offenders. The third chapter discusses the components of the judicial system responsible for implementing these guarantees, including the police, general prosecution, judiciary system, child protection inspector, and the ministry of social affairs. A case study included in this paper showcases how juveniles are treated in both the dominant Jordanian law and the Palestinian child protection law. The significance of this study is in analysis of the types of guarantees that should be accorded to juveniles during trial and the practical roles of such guarantees. To enforce the concept of fair trial, the best interest of the juvenile should be prioritized, and all the guarantees that are ensured by the local and international laws should be implemented, especially considering that the State of Palestine has joined this forum. These juveniles should not be criminalized and punished. Instead, the focus should be to rehabilitate them and provide them with the needed support to prevent them from becoming criminals in the future. Currently, the juvenile protection law that is applied in Palestine is the Jordanian Rehabilitation Law number 6 of the year 1954, still valid until the President Mahmoud Abbas. President Abbas has ratified the Palestinian Juvenile Protection Law that grants the juveniles plenty of guarantees during fair trials. In effort to align the juvenile justice system with international standards, sufficient resources have to be available. The study concludes the following, to achieve fair justice for juveniles, where guarantees are to be given to young of fenders, there should be a specific juvenile court to handle juvenile cases. The study also recommends that the juvenile court system should not deal with juveniles as the accused or socially stigmatized, but to to attempt to rehabilitate them and provide all possibilities to help them adjust to their communities. To achieve the fair trial, all judicial instruments have to work together in a complementary approach. The fair trial should be the start of helping these offenders readjust to their society, therefore, greater efforts have to be exerted towards including these juveniles in their families and communities. This study focuses on juvenile guarantees for fair trial, especially on a number of guarantees that should be followed through the juvenile trial. For the trial to be fair, the court and all justice instruments should commit to implementing these guarantees, to achieve the best interest for these juveniles. Trough the descriptive analytical flow, the study focuses on the trial period because it is the crucial period in juveniles’ life. The judiciary system is the body responsible to achieve justice, especially when the accused are juveniles, the future of this nation. The study contains three chapters: the first chapter tackles the juvenile fair trials, the second chapter discusses the juvenile guarantees during trial, and the third chapter describes the practical aspects during the implementation process of these guarantees. The first chapter defines the fair trial and the basis of the right to fair trial. It also discusses the nature of the right, as well as the definition of a juvenile, and the juvenile’ criminal responsibility. It also discusses the types of crime and criminal conduct that determine whether a young person will be charged with a crime in a juvenile court. The second chapter discusses the guarantees that already exist in local laws and legislations, with respect to the trial, as well as the necessary consideration of a juvenile’s personality. The chapter also discusses the international legislations and standards and what guarantees they have allocated for the juvenile offenders. The third chapter discusses the components of the judicial system responsible for implementing these guarantees, including the police, general prosecution, judiciary system, child protection inspector, and the ministry of social affairs. A case study included in this paper showcases how juveniles are treated in both the dominant Jordanian law and the Palestinian child protection law. The significance of this study is in analysis of the types of guarantees that should be accorded to juveniles during trial and the practical roles of such guarantees. To enforce the concept of fair trial, the best interest of the juvenile should be prioritized, and all the guarantees that are ensured by the local and international laws should be implemented, especially considering that the State of Palestine has joined this forum. These juveniles should not be criminalized and punished. Instead, the focus should be to rehabilitate them and provide them with the needed support to prevent them from becoming criminals in the future. Currently, the juvenile protection law that is applied in Palestine is the Jordanian Rehabilitation Law number 6 of the year 1954, still valid until the President Mahmoud Abbas. President Abbas has ratified the Palestinian Juvenile Protection Law that grants the juveniles plenty of guarantees during fair trials. In effort to align the juvenile justice system with international standards, sufficient resources have to be available. The study concludes the following, to achieve fair justice for juveniles, where guarantees are to be given to young of fenders, there should be a specific juvenile court to handle juvenile cases. The study also recommends that the juvenile court system should not deal with juveniles as the accused or socially stigmatized, but to to attempt to rehabilitate them and provide all possibilities to help them adjust to their communities. To achieve the fair trial, all judicial instruments have to work together in a complementary approach. The fair trial should be the start of helping these offenders readjust to their society, therefore, greater efforts have to be exerted towards including these juveniles in their families and communities.
Full Text: 
Pages Count: 
141
Status: 
Published