NCJ Number
58229
Date Published
1979
Length
5 pages
Annotation
THE HISTORY OF THE U.S. JUVENILE JUSTICE SYSTEM IS REVIEWED, THE SYSTEM'S FAILURES, PARTICULARLY WITH RESPECT TO FEMALES, ARE POINTED OUT, AND LANDMARK CASES INVOLVING CHILDREN'S RIGHTS ARE DISCUSSED.
Abstract
SIMILARITIES BETWEEN AGE- AND GENDER-BASED DISCRIMINATION UNDER THE LAW, ESPECIALLY THE UNDERLYING VIEW THAT WOMEN AND CHILDREN REQUIRE SPECIAL PROTECTION, ARE NOTED. THE HISTORY OF THE JUVENILE COURT IS TRACED BRIEFLY. TWO MAJOR U.S. SUPREME COURT CASES INVOLVING THE RIGHTS OF MINORS--THE GAULT CASE, IN WHICH THE COURT DELINEATED THE DUE PROCESS RIGHTS OF JUVENILES, AND MORALES V. TURMAN, WHICH LED TO THE RELEASE OF 900 CHILDREN HELD IN TEXAS CORRECTIONAL INSTITUTIONS--ARE DISCUSSED. ALTHOUGH THESE CASES ARE OF GREAT IMPORTANCE, THE JUVENILE JUSTICE SYSTEM CONTINUES TO BE PLAGUED WITH PROBLEMS. IF THE PHILOSOPHY OF THE JUVENILE COURT HAS BEEN THAT CHILDREN SHOULD BE PROTECTED AND REHABILITATED, IT HAS FAILED MISERABLY. THAT AN ESTIMATED 75 PERCENT OF ADULTS SERVING TIME IN PRISON HAVE BEEN INVOLVED IN THE JUVENILE JUSTICE SYSTEM INDICATES THAT THE SYSTEM HAS ALSO FAILED TO PROTECT SOCIETY. IT IS CONCLUDED THAT THE JUVENILE JUSTICE SYSTEM IS DESTRUCTIVE TO AT LEAST AS MANY CHILDREN AS IT HELPS, THAT THE MOST PROMISING METHOD OF DEALING WITH JUVENILE CRIME IS TO PREVENT IT, AND THAT JUVENILE COURTS SHOULD NOT PRESENT THEMSELVES TO COMMUNITIES AS THE APPROPRIATE AGENCIES FOR DEALING WITH SOCIAL AND BEHAVIORAL PROBLEMS THE ROOTS OF WHICH LIE IN SUCH FACTORS AS POVERTY, UNEMPLOYMENT, AND DISCRIMINATION. THAT ADOLESCENCE IS A PERIOD IN WHICH CHILDREN MUST LEARN TO COPE WITH PROBLEMS WITHOUT INTERFERENCE BY THE STATE IS BROUGHT OUT. (LKM)