From Punishment to Control: Assessing Juvenile Diversion in China

Abstract

China’s juvenile justice system has grown and changed substantially since the 1980s. While considerable research focuses on institutional treatment of juvenile delinquents, little attention has been paid to the diversion processes and measures that allow troubled juveniles to be directed away from the formal justice system. Through a comparison with juvenile justice in the United States, this article aims to investigate the development of the juvenile diversion framework in China. We argue that despite their similar efforts to divert juvenile delinquents from traditional court proceedings, in practice China’s diversionary arrangements diverge from those of their US counterparts. Unlike in the United States, Chinese juvenile diversion does not operate according to welfarist or restorative models. Rather, juvenile diversion in China is a managerialism-driven scheme that rests on two key pillars: institutional diversion, which imposes punishment and control on juvenile offenders pursuant to their level of offending and dangerousness, and noninstitutional diversion, which revolves around risk-based management and correction through community-level interventions. We conclude that China’s distinctive sociolegal culture and political priorities have shaped a practice that appears to be at odds with the officially advertised narratives of the state’s juvenile justice policy.

Revitalizing Justice: Empowering Juvenile Sexual Offenders through a Restorative Approach in Indonesia

“…Study has found that almost all of juvenile sexual offenders grew up in a dysfunctional family, and this factor has proven to be one of the most common issues in other types of crimes as well (Vieth, 2022). It's also suggested by other research that restorative justice in general, especially the one that revolves around risk-based management and correction through community-level interventions, can help prevent further involvement in crimes among juvenile offenders (Li & Su, 2020).…”

Modification of the sentencing of transgender convict

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