미국 소년사법절차상 검사직접소추의 현황과 평가

Authority of the inspection that a person concerned note justification of the boy judicial proceeding was moved in Florida, the United States after 1970 in particular and requested House of criminal law transportation with here from the boy region opened. And I delivered an inspection direct prosecution system in a method of transfer to another means which let inhabitants recognize the weakness of the function for the boy case with its increasing the case processing burden on boy part, and abbreviated boy region. Principle of direct prosecution system is seen like seemingly a desire for the punishment of inhabitants being effective at a point that it is filled up directly with reducing the case burden on a Juvenile Court. However, this system to make much of a public benefit judgment of the inspection is in danger of breaking significance of the Juvenile Act and a function from a book to be published shortly. I consider that the purpose of the Juvenile Act is a system not to look good with and obtain it in such a meaning. This is because it confirms that you must differ by the legal treatment of an adult and the boy whom the right that social, a juvenile delinquent returns with an international human rights model to say that it is a child right treaty of the United Nations in 1989, and is treated constructively is guaranteed, and the United States federation High Court of Justiciary judgment in after 2005 is caused by biological knowledge with ‘Juvenile’ which is the base and significance of the existence to say. It is thought that the system that inspection prosecutes for a reason of the criminal policy directly is a system to violate an appropriate procedure about and to guarantee international Jo in a constitution without passing through House of exceptional criminal law advocation by the juvenile court if I see it at such a point of view.