Sunday, 12 July 2020

Difference between trial before the regular court and before the children's court

 On transfer to the regular criminal court, the trial may be according to the mainstream criminal procedure, but the punishment, however, must be reformative and rehabilitative--rather than retributive. Then what is the difference between the two trials--the trial before the regular court and that before the children's court?

43. Essentially, the trial in the regular court is offense oriented; in the juvenile court, it is offender oriented. In other words, in the children's court, societal safety and the child's future are balanced. For an adult offender, prison is the default option; for a juvenile it is the last resort. Aaron Kupchik calls the method adopted by the regular criminal courts vis-a-vis juveniles the "sequential model of justice." That is, it adheres to a criminal justice model during the trial phase of case processing, but moves toward a juvenile justice model during sentencing, though the quantum varies in both methods. In contrast, the juvenile court follows a justice model throughout.

IN THE HIGH COURT OF BOMBAY

Criminal Appeal No. 1153 of 2018, Criminal Writ Petition No. 1346 of 2018 and Criminal Application No. 262 of 2018 in Writ Petition No. 1346 of 2018

Decided On: 15.07.2019

Mumtaz Ahmed Nasir Khan  Vs.  The State of Maharashtra 

Hon'ble Judges/Coram:

Dama Seshadri Naidu, J.
Read full judgment here: Click here
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