Indication and importance of educational orders according to § 10 JGG.

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By way of the 1st JGGÄndG of 1990 the legislator intended to strengthen the principle of education in juvenile criminal law in the sense of a positive influence on juveniles conduct of life by integrating further educational measures in the catalogue of educational orders in § 10 JGG as one part of the educational restrictions of the JGG (Erziehungsmaßregeln). Findings from the analysis of crime statistics and a series of file reviews are commonly interpreted as indicating that the legislators aim to force back short-time juvenile detention (Jugendarrest) as a correctional measure (Zuchtmittel) and unsuspended youth custody had not been realized. With regard to educational orders a qualitative loss of practical importance in relation to correctional orders, which are directed at punishing wrong, is accentuated. Own preliminary analyses of crime statistics and court files, however, suggest that these estimations do not reflect reality entirely sufficiently. On the contrary, the conjecture that educational orders are (or have become) an important qualitative and suitable tool of substantial educational reaction to offences of also socio-biographically disadvantaged juvenile offenders, which is applied to more than only petty offences. The designated target of this evaluation is to examine and, where appropriate, to verify the previously mentioned conjecture.