少年警务美国模式之审视与反思

A Review of the Juvenile Policing Model of the United States of America

美国少年警务制度是在少年法院制度理念引领下、在警察制度变革的过程中、在不同时期特定刑事政策背景下逐步发展的。其内容以处理少年罪错案件为主,还包括保护受侵害少年、与少年相关犯罪预防和被害预防及其他涉及少年需要警察介入的事务。美国少年警务已经得到全面发展,但警察角色和功能的特殊性决定了其与少年法院制度创设时所主张的理念仍有距离,且警察对少年罪错案件的干预范围也需要予以合理界定。

The development of juvenile policing in the USA is deeply influenced by three factors: the creation of juvenile court and its practice, the reform of police and policing, and the crime policy in different eras. When facing juvenile issues, police should shoulder its main responsibility of dealing with juvenile delinquency cases, and should also carry out its duty to protect children who are illegally invaded and to take measures of crime prevention and victimization prevention. Juvenile policing in the USA has been fully developed, however, the working philosophy is still lagging behind the philosophy advocated by the juvenile court movement due to the role and function of the police. In addition, police interference in juvenile delinquency also needs to be further regulated.