Discernment Issues in Context of Juvenile Delinquency

ABSTRACT: The latest statistics have shown a rise of juvenile delinquency over the the past 10-20 years. Not only the number of offences have risen but also the character of the offences have become more complex. Law enforcement has faced this phenomenon unprepared and it’s systems of penalty, reeducation and social reinsertion of these youngsters have failed in many cases as the approach on this matter has failed to solve psycho-social and familial problems that reside under the behavioral deviation of youngsters. The truth is that dealing with a child in law system has a more complex and difficult elements the need to be considered, unlike adult delinquency. From under 10 years old to 18 or 21 years there is an abrupt and oscillating evolution of the child’s psychology, personality and cerebral physiology with complex influences by near environment, social and familial factors, intellectual and emotional stimulation. Juvenile delinquency needs to be a multidisciplinary evaluation of the youngster and a complex psychological and psychiatric evaluation of the child’s discernment and personality in order to insure a healthy social adaptation and integration of the future adult. KEYWORDS: delinquent, underage, discernment, psychiatry, penalt