NCJ Number
60157
Date Published
1979
Length
27 pages
Annotation
DISCRETIONARY DECISIONMAKERS IN THE JUVENILE JUSTICE SYSTEM ARE IDENTIFIED, THEIR GENERAL USE OF DISCRETION ASSESSED AND RECOMMENDATIONS MADE FOR LIMITING DISCRETIONARY POWERS.
Abstract
JURISDICTIONAL DISPARITIES AMONG STATES IN THE HANDLING OF JUVENILES, A SERIES OF DISCRETIONARY DECISIONS MADE BY A MULTITUDE OF DECISIONMAKERS WHICH IMPACT A SINGLE JUVENILE, AND THE INHERENT VAGUENESS OF JUVENILE COURT GOALS PRODUCE UNPREDICATABLE AND APPARENTLY ARBITRARY DECISIONS FOR JUVENILES TREATED IN THE JUVENILE JUSTICE SYSTEM. DISCRETIONARY DECISIONS BY COMPLAINANTS, THE POLICE, THE INTAKE OFFICER, THE PROSECUTOR AND DEFENSE COUNSEL, THE JUDGE, SOCIAL INVESTIGATORS AND BEHAVIORAL SCIENTISTS, THE PROBATION OFFICER, YOUTH AGENCIES, AND MEMBERS OF THE COMMUNITY ARE GENERALLY MADE WITHOUT THE BENEFIT OF LIMITS WHICH COULD PROVIDE AN OVERALL CONSISTENCY TO INTERVENTION IN THE LIVES OF JUVENILES. THE INSTITUTE OF JUDICIAL ADMINISTRATION-AMERICAN BAR ASSOCIATION JOINT COMMISSION ON JUVENILE JUSTICE STANDARDS HAS PROMULGATED STANDARDS TO REDUCE THE DISCRETIONARY POWERS OF THE DECISIONMAKERS IN THE JUVENILE JUSTICE SYSTEM. BY PROVIDING EXPLICIT CRITERIA FOR THE VARIOUS RULINGS AND ACTIONS AFFECTING A JUVENILE'S FREEDOM, THE STANDARDS AIM FOR A COHERENT, PREDICTABLE, AND JUST OUTCOME THAT BOTH THE JUVENILE AND THE COMMUNITY CAN ANTICIPATE AS THE CONSEQUENCE OF A GIVEN SET OF FACTS. STANDARDS APPLYING AT VARIOUS POINTS OF DISCRETIONARY DECISIONMAKING IN THE PROCESSING OF JUVENILES ARE DISCUSSED. FOOTNOTES ARE PROVIDED. (RCB)