Citation

Roux PBL. Deviance Soc. 2006; 30(2): 155-177.

Copyright

(Copyright © 2006)

DOI

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PMID

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Abstract

Until recently, the lawyer played a secondary part in the juvenile courts. Juvenile defense, a devalued and not very profitable practice, did not interest him. A model of educational justice organized the law of delinquent childhood, governed by the ordinance of February 2, 1945. In this model, the juvenile judge occupied a dominant position, holding primarily a mission of protection of the young culprit and, in the cases of serious offence or crime, a mission of repression: educational measures were favoured, punishment remained an exception. Thus, the scope of the lawyer's action was only minor, the interest of the child in-between the hands of the judge, assisted by the socio educational actors. Today, it would seem that this observation is more moderate. Since the beginning of the 1990's, lawyer have benefited from a relative rise to power on the juvenile penal scene, rise which justifies the sociological interest presently. Thus, how to interpret the creation and the rise of groups of lawyers defending the minors, whereas the profession held to some extent the penal defense of the minors to its trainees ? How to understand the interest of these lawyers for a practice neglected for such a long time ? What do they bring which is new or specific ? Today, the questions of juvenile defense in justice, the roles and the mandate of its lawyer are recurrent and, inviting to investigate further. Starting from an interactionist analysis of sociology of the professions and sociology of juvenile justice, we will show how, in regards to some contextual evolutions, certain lawyers have tried to create a name for themselves in the juvenile courts, by forming an association and following a specialized training. But it is not enough to be recognised for one's competencies by patrons and peers, it is also necessary to bring something to the organization in which one works. One will quote their usual role of negotiation of the ceremonial order of a penal audience, appeasing conflicts and, more unusually, their investment in the management of juvenile defense. Lastly, we will see how the defense of their position has encouraged a regulation of professional capacities, thus returning each to his own seat. In the research on which this article is based, the collection of the data consisted in observing the work of lawyer in penal juvenile audiences and carrying out fifty discussions with juvenile lawyers and judges. It was held in three different courts, from 1997 to 1999.

Language: fr