Wrongful Convictions: The Issues in the Juvenile Justice System

Introduction

The increase in crimes committed by young people, even children, worries and answer calls. This can not be taken without regard to this particular actor or agent. So should begin with an introduction about your condition against the law and the consequences of their behavior. Since the beginning of the twentieth century, described by some as "Century Child", the international community showed interest in protecting the rights of children. World Wars impacted heavily on the minors and his situation prompted the action of international organizations like the League of Nations Assembly in its V September 1924 adopted the "Geneva Declaration", the first international instrument on the protection Rights of the child.

Discussion

Subsequently, in December 1948, the United Nations adopted the "Universal Declaration of Human Rights," which describes Rights recognized in every human being without distinction, therefore includes children. Already in 1946 the United Nations created the International Relief Fund, now known as United Nations Fund for Children, UNICEF (Austin, pp. 153-178). In 1959, the General Assembly of the United Nations adopted the Universal Declaration of Rights of the Child, which is considered a complement to the Universal Declaration of Human Rights. It is structured based on ten principles, which emphasizes the right to enjoy special protection and best interests as an essential guide.

In the Americas, he recalled the American Convention on Human Rights, known as the Pact of San José de Costa Rica, enacted in our country on January 5, 1991. Art begins with the statement that "every human person is" and deals require a special rule against penalties provides that "no penalty shall be imposed upon persons who, at the time of the crime he has less than 18 years of age ..." (Austin, pp. 153-178).

The most important international instrument that provides the basis for any legislative changes that have occurred in our country in the 90's and so far this century is the Convention on the Rights of the Child (CRC), adopted by the General Assembly the United Nations on November 20, 1989 and signed into law of the Republic of Chile by Supreme Decree No. 830 of the Foreign Ministry, published in the Official Journal on September 27, 1990. This treaty with the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, known as the "Beijing Rules" (UN General Assembly, November 1985); the United Nations Rules for Protection of Juveniles Deprived of their Liberty (General Assembly United Nations, April 1991) and the UN Guidelines for the Prevention of Juvenile Delinquency, "Riyadh Guidelines" (UN General Assembly, April 1991) embody the "Doctrine of Integral Protection of Children." (Fagan, pp 83-90)

Principles Governing the Role of Judge

The criminal liability regime establishes our legislature for juvenile offenders in general welcomes the doctrine of integral protection of children and adolescents and is based on the interests of the child, even when it comes to judging unlawful conduct. In this regard, stresses how much responsibility is established as the way it is measured or specific ...