JUVENILE AND YOUTH DELINQUENCY FROM THE PERSPECTIVE OF ORDINARY AND RESTORATIVE JUSTICE

Abstract

The article addresses the issue of juvenile criminalization within the context of a modern legal system often based on repressive approaches. By analyzing groups of juvenile offenders, the authors conclude that imprisonment, particularly repeated imprisonment, reinforces criminal behavior rather than correcting it. Juveniles who have already been through the prison system tend to exhibit the highest levels of criminal activity. The authors emphasize the ineffectiveness of current punitive measures, citing a chain of events that lead to deeper criminalization: initial offense, probation without rehabilitation work, a repeat crime, imprisonment, and immersion in criminal subculture.

Special attention is given to the historical aspects of justice, including Roman law, which aimed to ensure equality before the law and fairness. In contemporary society, there is a conflict between three main types of justice: that provided by law and authority, individual understanding of justice, and justice as a societal ideal. The article stresses that this conflict is especially pronounced in the area of juvenile justice, where punishment often fails to address the real needs of adolescents and their individual characteristics.

The article also explores alternative models of justice, such as Zehr Howard’s concept of restorative justice, which focuses on reconciling the parties involved in an offense. This approach actively involves both the offender and the victim in finding a common resolution to the conflict. The primary goal of restorative justice is not punishment but the restoration of harm and healing for the victims.

The article also analyzes the specifics of adolescence, which are crucial for understanding the causes of juvenile delinquency. Adolescence is a period of personality formation, often accompanied by crises and conflicts, which can lead to deviant behavior. The authors note that effective work with juvenile offenders must take into account their social and psychological development, aiming at rehabilitation rather than purely punitive measures.