4.3 Models of Juvenile Justice

ModelCoreHistoricalfaceCritiqueWelfare/parens patriaeThe state as parent — the child's needs, not the offence's desertsThe early juvenile courts (1899–1960s)Unbounded discretion; the "help" that caged longer than punishmentJustice/due processThe offence's proportionate answer with the full rights armourIn re Gault's due-process revolution (name only)The adult-process mimicry; the malleability's neglectRestorative/communityThe harm's repair — victim, offender andThe family- group- conference-The net-widening risk; the victim's voluntarinessModelCoreHistoricalfaceCritiquecommunity in dialogueand-circle movementsMinimum intervention/neo-correctionalDiversion first; the graded, evidenced intervention (risk- need-responsivity) for the persistent fewThe modern synthesisThe risk- classification's labelling echoNepal's frame: the constitutional-and- statutory architecture (Unit 5) is the minimum-intervention synthesis — juvenile courts/benches, diversion, reform homes, the last-resort custody — with the welfare legacy (the reform-home philosophy) and the justice guarantees (the Code's procedure) in the mix.