This article explores the underlying explanations of the high reliance on pre-trial detention of children across contemporary Western societies, with a particular focus on the Netherlands.... Show moreThis article explores the underlying explanations of the high reliance on pre-trial detention of children across contemporary Western societies, with a particular focus on the Netherlands. Empirical research findings are used to identify patterns and functions of pre-trial detention in the administration of youth justice. In addition, two driving forces behind pre-trial detention decision-making are explored after scrutinizing the penological underpinnings of youth justice and youth crime control in Western societies. Ultimately, the article addresses to what extent and how international children’s rights standards can effectively protect child suspects and accused from excessive, unlawful and arbitrary pre-trial detention. Show less
According to international children’s rights law and standards, juvenile defendants should be given the opportunity to be heard in juvenile justice proceedings. Moreover, from developmental... Show moreAccording to international children’s rights law and standards, juvenile defendants should be given the opportunity to be heard in juvenile justice proceedings. Moreover, from developmental psychological research it can be concluded that young people who appear in court usually have a limited understanding of judicial procedures. Therefore, it is argued that juveniles need to be assisted in giving their views and in understanding juvenile justice proceedings. Insights from the children’s rights and the developmental psychological perspective are taken as starting points in this study to formulate requirements for the effective participation of juvenile defendants. Moreover, this article presents an overview of youth court practices in 11 European countries in order to analyse the extent to which the requirements are fulfilled in practice. Show less
