NCJ Number
44230
Journal
Boston University Law Review Volume: 57 Issue: 4 Dated: (JULY 1977) Pages: 617-626
Date Published
1977
Length
10 pages
Annotation
AN OVERVIEW IS PRESENTED OF THE FACTORS THAT STIMULATED INITIATION OF THE IJA/ABA PROJECT, THE PROJECT'S DRAFTING PROCESS, AND THE PRINCIPLES UNDERLYING THE 23-VOLUME DRAFT STATEMENT OF STANDARDS THAT RESULTED.
Abstract
THE STANDARDS PROJECT WAS UNDERTAKEN IN RECOGNITION OF THE JUVENILE JUSTICE SYSTEM'S FAILURE TO ACHIEVE ITS TWOFOLD GOAL OF PREVENTING JUVENILE CRIME AND REHABILITATING JUVENILE OFFENDERS, AND OF THE SYSTEM'S INABILITY TO PROVIDE ABUSED AND NEGLECTED CHILDREN WITH THE SERVICES NEEDED TO PROMOTE THEIR NORMAL GROWTH AND DEVELOPMENT. CONTRIBUTING TO THE 6-YEAR DRAFTING EFFORT WERE LAWYERS, JUDGES, AND EXPERTS IN SOCIAL WORK, PENOLOGY, CORRECTIONS, EDUCATION, SOCIOLOGY, CHILD DEVELOPMENT, HEALTH CARE, AND PSYCHIATRY. THE STANDARDS REFLECT 10 BASIC PRINCIPLES: (1) PROPORTIONALITY IN SANCTIONS FOR JUVENILE OFFENDERS, BASED ON THE SERIOUSNESS OF THE OFFENSE AND NOT ON THE COURT'S VIEW OF THE JUVENILE'S NEEDS, SHOULD REPLACE VAGUE, SUBJECTIVE CRITERIA; (2) SENTENCES OR DISPOSITIONS SHOULD BE DETERMINATE; (3) THE LEAST RESTRICTIVE INTERVENTION ALTERNATIVE SHOULD BE CHOSEN; (4) NONCRIMINAL MISBEHAVIOR (STATUS OFFENSES) AND PRIVATE OFFENSES (VICTIMLESS CRIMES) SHOULD BE REMOVED FROM JUVENILE COURT JURISDICTION; (5) DECISIONMAKING SHOULD BE VISIBLE AND ACCOUNTABLE; (6) RIGHT TO COUNSEL SHOULD BE ASSURED; (7) JUVENILES SHOULD HAVE THE RIGHT TO DECIDE ON ACTIONS AFFECTING THEIR LIVES AND FREEDOM; (8) THE ROLE OF PARENTS IN JUVENILE PROCEEDINGS SHOULD BE REDEFINED TO REFLECT POSSIBLE CONFLICTS BETWEEN THE INTERESTS OF PARENT AND CHILD; (9) LIMITATIONS SHOULD BE IMPOSED ON INTERVENTIONS PRIOR TO ADJUDICATION AND DISPOSITION; AND (10) STRICT CRITERIA FOR WAIVER OF JUVENILE COURT JURISDICTION SHOULD BE ESTABLISHED IN ORDER TO REGULATE TRANSFER OF JUVENILES TO ADULT CRIMINAL COURT.