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Balancing Power Through Law - The State v the Juvenile in Delinquency Proceedings

NCJ Number
100226
Journal
Justice Quarterly Volume: 2 Issue: 4 Dated: (December 1985) Pages: 535-551
Author(s)
K J Block
Date Published
1985
Length
17 pages
Annotation
A content analysis of Maryland's juvenile court law spanning 1947-78 examines the extent to which changes in juvenile court procedures have balanced the power resources of the juvenile and the State.
Abstract
The study analyzed seven codes from the Annotated Code of Maryland and explored three power components: power base (resources that can be used to influence the other party in a conflict, such as personnel and information resources), power means (actions that translate abstract power resources into decisionmaking effects), and power scope (acts which one party can require another to perform). The codes were analyzed according to eight variables related to law specifications about who can do what, to whom, when, and with what consequences. Results showed that during the 1960's, attorneys for both the juvenile and the State were mandated; formal hearings were introduced at major decisionmaking points; and rights to notice, to transcripts, and to challenge the evidence were accompanied by a shift of the burden of proof onto the State. Although these developments appeared to increase juvenile power resources, these were offset by power resources granted to the court. The overall gap in resources between the juvenile and the State was not eliminated by code reform. Tabular data and 16 references.