NCJ Number
30048
Journal
Syracuse Law Review Volume: 26 Issue: 3 Dated: (SUMMER 1975) Pages: 1017-1049
Date Published
1975
Length
33 pages
Annotation
THIS NOTE ENCOURAGES EXPANSIVE DEVELOPMENT OF THE RIGHT TO TREATMENT FOR JUVENILES, USING STRICT-SECURITY CONFINEMENT OF JUVENILES IN NEW YORK AS A MODEL FOR ANALYSIS.
Abstract
JUVENILE PLACEMENTS IN NONJUVENILE PENAL INSTITUTIONS AND IN STRICT-SECURITY JUVENILE INSTITUTIONS ARE EXAMINED AND PERTINENT FEDERAL AND STATE CASE LAW IS CITED. THE JUDICIAL AND LEGISLATIVE IMPLICATIONS OF THREE COURT DECISIONS - MARTAREZZA V. KELLY (SDNY 1972), MORALES V. TURMAN (E.D. TEXAS 1973), AND NELSON V. HEYNE (SEVENTH CIRCUIT 1974) - DECLARING A CONSTITUTIONAL RIGHT TO TREATMENT FOR JUVENILES ARE ALSO CONSIDERED. THE AUTHOR SUGGESTS THAT DUE PROCESS REQUIRES PREADJUDICATION IDENTIFICATION AND TRANSFER OF NONTREATABLE JUVENILES TO THE CRIMINAL COURT SYSTEM TO ALLOW FOR OPEN TREATMENT PLACEMENTS IN NON-PENAL ENVIRONMENTS FOR TREATABLE CHILDREN. ALSO RECOMMENDED ARE THE PROMULGATION OF OBJECTIVE STANDARDS FOR ALL NONSECURE JUVENILE TREATMENT FACILITIES, THE IMPLEMENTATION OF SPECIFIC PROCEDURES TO ASSURE THE MOST EFFECTIVE DIAGNOSIS AND INDIVIDUALIZED, TREATMENT POSSIBLE, AND PERIODIC SUBJECTIVE REVIEW OF THE ADEQUACY OF TREATMENT PROGRAMS.