B1360 11/26/10 14/43 The Law Magazine and Review: A QUARTERLY REVIEW OF JURISPRUDENCE. UNIV. OF MICH. LAW LIBRARY. །ད Being the combined Law Magazine, founded in 1828, and Law Review, founded in 1844. (FIFTH SERIES, VOL. XXXV, 1909-1910.) JORDAN & SONS, LIMITED, 116, CHANCERY LANE, W.C. 1910. THE LAW MAGAZINE AND REVIEW. No. CCCLIV.-NOVEMBER, 1909. I.—THE JUDICIAL TREATMENT OF JUVENILE OFFENDERS. N prescribing rules for the treatment of juvenile offenders we are beset by two difficulties. If magistrates are given a free hand, they are apt to be unnecessarily severe; if their hands are tied by means of regulations, they are apt to be too lenient. The state of the law prior to the passing of the Children Act 1908, approximated to the former error; since the passing of the statute, it has approximated to the latter. I say "approximated," because there was neither a free hand then, nor is there rigid restriction now, although the condition of matters certainly approached, and at present approaches, to these respective extremes. The tendency of modern legislation dealing with children. is towards leniency. The ideas and methods of lawyers in this respect have undergone a great change. It is hard to realise that quite recently young persons were sentenced to death or to long periods of imprisonment; but, while we recognise a commendable advance, we must be careful, lest, in our desire to be merciful, we are really cruel, and lest we encourage children in evil, by failing to make punishment dreaded. The sanctions of the law must be made effectual in the matter of preventing crime. Fear of consequences is still an important factor in restraining the young from wickedness, and, unless those who hold judicial and |