Marc Bessin

Emergency placements in juvenile justice: abandoning the time for education

The time-scales of justice are, on the one hand, the long time of the law and, on the other hand, the time of the circumstances and contingencies that enter into the interpretation of the law. The time for educational rehabilitation in the system of juvenile justice fits into a long perspective, the time for professionals working in the system to follow up on cases. For juvenile judges, this reversible, modulable time can be used to adapt their interventions to the changing family environment. A survey in three juvenile courts of the emergency placement of minors under the French Civil Code confirms that the “educative doctrine” underlying this branch of justice is in the throes of a crisis. There is a return to legalism among juvenile judges. In a social, political context where taking immediate action is valued more than taking the time to monitor and investigate cases, the anticipation of risks has led to an institutionalization of emergency procedures with, as a consequence, the abandonment of the idea of a time for educational rehabilitation.