Messa alla prova e mediazione. Discrezionalità degli attori e pratiche di utilizzo

The aim of the research is to understand and attempt to explain, using the case study of Juvenile Courts in Emilia Romagna and New Jersey how the mediation culture could be shaped according to the personal discretion of the professional of the juvenile justice system. In this perspective, the research wants to demonstrate the importance, within the wider prospect of the high discretion of the Juvenile Justice System operators, that some specific factors (socialization in the work environment, well-established procedures in the Court and among the social services, collaboration or lack of cooperation of the workers) can contribute to the choice of alternative sanctions for juveniles. Using a case study approach doesn't allow to gather quantitative data and obtain general results, but it will represent a significant and useful consideration from which we can (re)start to define new procedure in the field of Juvenile Justice, as required by the major European and International Organization [i.e.“Directive 2012/29/UE of the European Parliament and the Council, establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA]. The selection of one specific legal institution, probation, †" related particularly to the Juvenile criminal procedure †" seems to be the best choice in order to understand the concrete application of the mediation between the young author and his victim. The connection with the US aims to enrich the entire analysis and to make a comparison of the use of restorative justice instruments †" focusing specifically on mediation †" between the two Countries considered. The US is the birthplace of diversion programs and restorative paradigm, therefore it represents an important element of reflection regarding the attention of the system towards victims (their needs and feelings, for example) and the possible creation of a new restorative justice culture.