非行中学生に対する保護システムの現状と問題点 : 義務教育との調和を考える (<特集>犯罪・非行防止と社会資源の活用)
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概要
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Nowadays almost all of junior high schools have suffered from various delinquent behaviors outbreaking in daily school life. some examples are ; larceny, extortion, glue-sniffing, and school vandalism, in particular, which has occurred all over the country. As a rule, present corrective procedures and treatment methods have been designed for rather elder delinquents and are insufficient to deal with students in our compulsory education. Therefore, we have to examine the existent system carefully to point out its defects and problems,and consider more effective, and productive steps to realize younger delinquents'rehabilitation. First of all, schools should realize their powerlessness to check students, delinquent acts and their policy to keep any deplorable event absolutely confidential to outsiders. These two defects usually encourage students, delinquent acts and sometimes make them believe that the school is a real "sanctuary" permitting every criminal action without reporting it to the police. Schools should establish their definite standpoint which combines their educational functions with corrective functions to prevent studets, further misdeeds and to keep good relationships with collateral agencies. From the viewpoint of compulsory education, we can not deprive students of their constitutional right to receive education, regardless of the policies that schools may select. But schools are usually negative to readmittance or change of schools of delinquent students irrespective of treatment plans that they have had. Moreover, schools sometimes suspend delinquents from attending school illegally in principal's own judgement in spite of the delinquents' status to receive compulsory education. These school policies always undermine delinquents rehabilitative will and it is inevitable to say that schools illegally deprive delinquent students of their fundamental right for education. Schools must be open to readmittance and change of the schools of delinquents just as they are open to normal students. The author must admit that suspension of delinquents from attending schools is one of the effective ways to maintain stable school life, but it has to be decided according to the principles of due process. The procedures must clarify the necessity for suspension, give an opportunity for the delinquent to defend himself and assure him of his right to file his complaint against the school decision. As a conclusion we have to save our energy by reconstructing corrective steps after examining above-stated defects and problems of our present systems. The author believes that these activities will protect interests of delinquents as well as those of our society.
- 日本犯罪社会学会の論文