L'éternel retour des figures du juge?

Abstract

The child is at the heart of several judicial logics and society evolvesin its expectations in matters of justice. After having reinvented a justice that believe change was possible with the family for the child in danger as for him who committed acts of delinquency, our society has privileged a criminal justice that imposes values through sanction and has confined to civil justice an arbitrary function. The difficulties in the Outreau trial have permitted to put into perspective the virtues of criminal justice applied with children that have been heavily abused. We also discover the perverse effects of "zero tolerancy" policy concerning young delinquents and the derivatives linked to confusion between the content and the imprisonment of an adolescent. These recents evolutions can contribute to a development of a justice that spreads her values to society through education, in the form of accompaniment of the subject. © ERES. Tous droits réservés pour tous pays.