Legalism Versus Welfarism in Israel's Juvenile Justice System

תקציר

In its landmark decision In re Gault (1967), the Supreme Court of the United States held that a minor brought before the juvenile court was in principle entitled to the guarantees of due process available to adult defendants in criminal trials. That momentous decision sparked off a debate which has continued ever since in academic and policy-making circles, both on the national and international levels. In essence, the controversy relates to the question of the nature of social control measures to be adopted by the legal system to deal with errant juveniles. Should these be essentially criminal and punitive in character, or are they better considered as welfare proceedings, the essential purpose of which is to determine the appropriate treatment? Thus, the legal, or punitive, model of juvenile justice may be juxtaposed to the welfare or treatment (or even "therapeutic") model.