The Worst of Both Worlds Or Was the Therapeutic Mission of the Juvenile Court System A One-Way-Street? - The German Juvenile Court System Compared to the American Situation

Juvenile delinquency and convictions are on a record high in the United States and Germany, and there are concerns about balancing the diversionary interests of the juvenile justice system with the need for public safety. This thesis focuses on a comparison between the German and American Juvenile Court systems by exploring the different theories of punishment, sentencing, criminal law, juvenile delinquency and public safety. The thesis examines the birth of the parens patriae concept and establishment of the American juvenile court, as well as the problems of balancing the penal nature of the criminal law, rehabilitative goals of the juvenile justice system with the need for public safety. The thesis concludes with a prognosis for the reform of the juvenile justice systems in the United States and Germany