NCJ Number
48789
Journal
Juvenile and Family Court Journal Volume: 29 Issue: 2 Dated: (MAY 1978) Pages: 33-40
Date Published
1977
Length
8 pages
Annotation
ARGUMENTS AGAINST REMOVING STATUS OFFENDERS FROM THE JURISDICTION OF THE JUVENILE COURTS ARE PRESENTED.
Abstract
THE FOLLOWING FALLACIES ARE SAID TO UNDERLIE PROPOSALS TO ELIMINATE STATUS OFFENSES FROM JUVENILE CODES: THAT CHILDREN CAN BE MEANINGFULLY IDENTIFIED AS STATUS OFFENDERS; THAT RUNAWAY OR INCORRIGIBLE CHILDREN AND THEIR PARENTS ALWAYS WILL ACCEPT TREATMENT OR COUNSELING ON A VOLUNTARY BASIS; THAT SO-CALLED STATUS OFFENSES ARE LESS SERIOUS THAN ADULT-TYPE OFFENSES; THAT THERE SHOULD BE NO LAWS FOR CHILDREN EXCEPT THOSE THAT APPLY TO ADULTS; THAT THERE ARE NO RIGHTS TO PROTECT AND HENCE NO NEED FOR DUE PROCESS IN STATUS OFFENSE SITUATIONS; THAT ELIMINATION OF STATUS OFFENSES WILL REDUCE STIGMA; THAT THE JUVENILE JUSTICE SYSTEM ACTUALLY CAUSES RUNAWAY PROBLEMS, SCHOOL TRUANCY, AND CRIME; THAT THE JUVENILE COURTS HAVE DONE A POOR JOB AND SHOULD BE ELIMINATED IN FAVOR OF ADULT COURTS; THAT NON-COURT AGENCIES WILLJ DO A BETTER JOB WITH RUNAWAY AND TRUANCY CASES; AND THAT AN 'EITHER-OR' CHOICE MUST BE MADE BETWEEN THE COURTS AND THE SOCIAL AGENCIES. IT IS SUGGESTED THAT CHILDREN DO NOT WANT TO BE LIBERATED; I.E., THEY DO NOT WANT UNLIMITED PERMISSIVENESS ON THE PART OF ADULTS. RATHER, CHILDREN WANT ADULTS TO CARE ENOUGH TO SHOW LOVE AND TO MAKE RULES THAT ARE FAIR AND CERTAIN. IT IS CONCLUDED THAT A UNIFIED, COORDINATED SYSTEM FOR DEALING WITH STATUS OFFENSES IS NEEDED AND THAT MAXIMUM USE OF DIVERSION AND LIMITED USE OF DETENTION ARE DESIRABLE. RECOMMENDATIONS FOR IMPROVING FACILITIES FOR YOUTHS, ASSUMING EVALUATION SCREENING FOR ALL RUNAWAY CHILDREN, AND IMPROVING THE EDUCATION AND TRAINING OF PERSONS WHO COUNSEL CHILDREN AND THEIR PARENTS ARE PRESENTED. (LKM)