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The Determinants of Juvenile Justice Policy in France and Germany Virginia Commonwealth University VCU Scholars Compass Theses and Dissertations Graduate School 1999 The Determinants of Juvenile Justice Policy in France and Germany Jacqueline A. Meyers Follow this and additional works at: https://scholarscompass.vcu.edu/etd Part of the Education Commons © The Author Downloaded from https://scholarscompass.vcu.edu/etd/5214 This Dissertation is brought to you for free and open access by the Graduate School at VCU Scholars Compass. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of VCU Scholars Compass. For more information, please contact [email protected]. CENTER FOR PUBLIC POLICY VIRGINIA COMMONWEALTH UNIVERSITY PH.D. IN PUBLIC POLICY AND ADMINISTRATION This is to certify that the dissertation prepared by Jacqueline A. Meyers entitled: THE DETERMINANTS OF JUVENILE JUSTICE POLICY IN FRANCE AND GERMANY has been approved by her committee as satisfactorycompletion of the dissertation requirement forthe degree of Ph.D. in Public Policy and Administration. J.i>avidKennamer, Ph. D., Chair irector, Ph.D. Program Jack L. Haar, Ph. D., Dean, School of Graduate Studies DATE Jacqueline A. Meyers 1999 All Rights Reserved The Determinants of Juvenile Justice Policy in France and Germany A dissertationsubmitted in partial fulfilhnentof the requirementsfor the degreeof Doctor of Philosophy at VirginiaCommonwealth University by Jacqueline A Meyers M.Ed., Keene State College, 1979 B.A., State University of New York at Brockport, 1972 Director Dr. J. David Kennamer Associate Professor, School of Mass Communications Virginia Commonwealth University Richmond, Vrrginia October, 1999 ii Acknowledgment The author wishes to thank several people. I would like to thank my mother, Evelyn Blanchard Meyers, for instilling in me the belief that my education was not complete until I earneda Doctorate of Philosophy degree. iii Table of Contents List of Tables.. ... vu List of Figures ....vm Abstract ... .. ... IX Chapter l ......... 1 I. Purpose of the study ......... 1 1. Nature of the problem .. .. .... 1 2 Magnitude of the problem.. ....... 6 3 Social policies ........8 4. Theories of delinquency ... ........... 9 5. History of childhood .. 13 a. France .. .. 13 b. Germany. .17 6. Youth crime ....... .. .....22 7. Focus of the case studies ... .... 28 8. European union ...... ... 33 II. Importance of the study ........ ..... 35 1. Deterministic policy analysis ......... ..35 2. Deterministic policy literature overview.... ...................... ..... 37 iv 3. Comparative public policy .. .......... 39 4. Internationalcomparative research.. ......41 5. Comparative social policy research .. ... .43 6. Public opinion, the media, and public policy.. .. 45 Ill Comparative research.. 52 1. Comparative methodology.. .. 52 2. The value of comparative analysis ... 61 VI. Outline of the study ..65 1. Chapter One: Purpose of the Study .. ..65 2. Chapter Two Review of the Literature .. .65 3 Chapter Three: Methodology/Case Studies .. .. 66 4. Chapter Four: Findings.. ... 67 5. Chapter Five Summary, Conclusions, and Suggestions for Further Research ...68 Chapter 2 .. .. 70 I. Review of the Literature.. ...... 70 1. Determinants of policy/overview.. .71 2 Deterministic policy studies/United States.. ..73 3. Deterministic policy studies/cross-national.. ...85 4. "Open" versus "Closed" systems.. .90 a. Administrative culture .. .... 95 V b. Political climate .... ...... 96 Chapter 3 ..... ..... 101 I. Research question/Hypotheses/Methodology. ..101 1. Research design .. 104 a. Procedures.. ... 106 b. Data collection .. ..116 2. Unit of analysis .. 118 3. Mixed methodology ... ..119 4. Dependent variable . ...120 5 Independent variable .. 121 6. Single case studies .. 123 7. Comparative research in the social sciences .. .... 124 8. Interviews.. .... 126 9. Content analysis ....128 10. Reliability .......... 128 11. Limitations .. ... 129 12. Related factors... .. 134 Chapter 4 ... .143 I. An analysis of juvenile justice policy in France and Germany .....143 1. Historical context of the policies ............ 143 2. Juvenile justice policies: France and Germany ... .146 a) The Ordinance of February 2, 1945 (France).. ..146 vi b) Youth Court Law (Germany) ..... .... ....... 148 3.Public policy elements/Literature review..... ... 151 4. Values-Goals-Objectives-Accountability ........ .... 155 5. Reforms/Amendments/Debates .... ..... 171 a. Revolutions and incremental change .. ....... 172 b. Research Questions .. ..... 202 c. Hypotheses... ......... 220 Chapter 5 .. ... 274 I. Summary and conclusions... ... 274 I. Limitations... .......283 2. Special measures .. ........284 3. What could have been done differently... ..285 4. Topics forfurther research.. ..285 Appendix A: Definition of Terms ......287 Appendix B: French Juvenile Justice Policy.. .. 298 Appendix C: German Juvenile Justice Policy ... ..342 Appendix D: Interviewees. ... .421 Appendix E: Questionnaire on Policy ...424 Appendix F: Questionnaire for Journalists.. .. .433 Appendix G: List of Newspaper Articles .... ..435 Appendix H: ReferenceList. .. ..441 Appendix I: Bibliography ..... .. .451 Appendix J: Vita ........... .... .469 vii List of Tables Table Page I. A comparison of open and closed system characteristics .. ..96a,b 2. A content analysis of the juvenile justice interviews.. .. 103a 3. A comparison and contrasting of the two juvenile justice policies .. ... 15lb,c 4. Elements of the French and German juvenile justice policies .. .... l 7la,b 5. Characteristics of the two major European presses as they relate to the open and closed dichotomy ............ 230a 6. Newspaper coverage four weeks prior to "social revolutions" in juvenile justice policy development in France and Germany .. ..240a viii List of Figures Figure Page 1. Amendment chart... .... 15la 2. French legislative process .. ... ............258a-d 3. German legislative process .... .260a-g ix ABSTRACT THEDETERMINANTS OF JUVENILEJUSTICE POLICY IN FRANCE AND GERMANY By Jacqueline A. Meyers, Ph.D. A dissertation submitted in partial fulfillmentof the requirements forthe degree of Doctor of Philosophy at Virginia Commonwealth University Virginia Commonwealth University, 1999 Director: Dr. J. David Kennamer, Associate Professor, School of Mass Communications This dissertation assesses the factors that influence the development of juvenile justice policy in France and Germany within the context of systems theory. The project utilizes an open/closed systems framework as a way to conceptualize determinants of juvenile justice policy. France and Germany serve as two single case studies fordemonstrating the open and closed dichotomy that characterize system theory with France being characterized as a closed system while Germany is characterized as an open system. This difference is demonstrated through a discussion of historical, cultural, political, social and economic variables, which shape policy development in each of these countries. This project contends that a significant contribution is made to the understanding of policy making using the open and closed systems framework Design and methodology: • Single case studies : France and Germany • Development of common variables to be investigated across two systems • Focused interviews with key informants, non-random sample, one-on-one, in person, purposive, taped and transcribed • Content analysis of focusedinterviews • Content analysis of juvenile justice policies in France and Germany • Data base searches of print media coverage • A review of documents: laws, policies, penal codes, newspapers, legislative minutes • Comparative analysis • Data analysis: qualitative and quantitative techniques, mixed methodology • Gathering of public opinion poll information Summary of the findings: 1) The preponderance of information indicates that the relationship between policy change and media coverage is strongly related in both France and Germany. 2) Public concern over juvenile crime in France has the greatest influence on the implementation of policy rather than on policy development. The research indicates that in Germany, public opinion has a decided influence on the formationof public policy. 3) The evidence seems to indicate that the process of policy making in Germany is more complex due to the open nature of the system, while in France the policy making xi process is simpler due to the closed nature of the system. 4) The evidence indicates that the French juvenile justice policy is as prevention-oriented as the German policy, in spite of France being characterized as a closed system. The open and closed framework provides two mutually exclusive models that can be used to assess, in an efficientmanner, factorsthat influencepolicy development Through comparison and contrast, a variety of factors that may shape policy can be articulated using the open and closed dichotomy. Chapter 1 l PURPOSE OF THESTUDY 1. Nature of the problem Western developed nations are experiencing an increase in the number of youth exhibiting difficultyin their homes, schools and communities. Troubled adolescents, criminality, school failure, and dysfunctionalfamilies are costly in time and money forevery society. Since the 1970' s, European countries have experienced growth in the rate of crimes committed by juveniles. The rate ofjuvenile crime far exceeds that for adult criminals (OIJC online) This has resulted in feelingsof insecurity among the residents, especially in urban areas Government policies towards delinquent populations vary from
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