NCJ Number
47104
Date Published
1976
Length
115 pages
Annotation
THIS DETAILED LOOK AT THE JUVENILE JUSTICE SYSTEM GIVES A BRIEF HISTORY OF THE DEVELOPMENT OF JUVENILE COURT DOCTRINE, REVIEWS WHAT IS CURRENTLY KNOWN ABOUT JUVENILE DELINQUENCY, AND EXAMINES THE WISCONSIN JUVENILE SYSTEM.
Abstract
THE BACKGROUND PORTION OF THIS REPORT TRACES THE ORIGINS OF SPECIAL COURTS FOR JUVENILES, CHANGES IN THE DOCTRINE OF PARENS PATRIAE, AND THE GROWTH OF DUE PROCESS IN JUVENILE PROCEEDINGS. COURT DECISIONS LEADING TO THESE CHANGES ARE CITED. THE SECTION ON THE EXTENT, CAUSES, AND PROPOSED CURES FOR JUVENILE DELINQUENCY IS HEAVILY FOOTNOTED. A SIMILAR STUDY IS PRESENTED ON THE PROBLEM OF STATUS OFFENDERS. THE FOCUS THEN SHIFTS TO THE CONFLICTING ROLES OF THE FEDERAL, STATE, AND LOCAL GOVERNMENTS IN JUVENILE CRIME AND DEPENDENCY CASES. NOT ONLY DO FEDERAL LAWS SET STANDARDS AND IMPOSE REQUIREMENTS ON LOCAL SYSTEMS, FEDERAL GRANTS FORCE UPON PROGRAMS WHICH MAY NOT TRULY MEET LOCAL NEEDS. OTHER AREAS OF CONFLICT AMONG GOVERNMENTAL LEVELS ARE EXAMINED. THE FINAL SECTION PRESENTS A DETAILED SUMMARY OF THE OPERATION OF THE WISCONSIN JUVENILE JUSTICE SYSTEM. THE ROLE OF THE POLICE, THE PROBLEMS OF DETENTION, AND THE ORGANIZATION OF THE JUVENILE COURT SYSTEM ARE ANALYZED. SUPERVISORY SERVICES, CORRECTIONAL INSTITUTIONS, AND TREATMENT ALTERNATIVES ARE EXAMINED. A SUMMARY IDENTIFIES FIVE PROBLEMS FACING JUVENILE JUSTICE SYSTEMS: (1) THE AMOUNT OF JURISDICTION JUVENILE COURTS SHOULD HAVE IF THEY CHANGE FROM PARENS PATRIA TO A JUVENILE CRIMINAL COURT; (2) THE DISCRETION ALLOWED POLICE, SOCIAL WORKERS, JUDGES, AND OTHERS IN THE SYSTEM, AND THE SUBSEQUENT VARIATION IN TREATMENT FROM CASE TO CASE AND COUNTY TO COUNTY; (3) THE LARGE NUMBER OF JUVENILES JAILED WHO HAVE NOT BEEN ADJUDGED GUILTY OF A CRIME; (4) THE UNEQUAL DISTRIBUTION AND INADEQUACY OF RESOURCES FOR PREVENTION AND TREATMENT; AND (5) THE FAILURE OF THE SYSTEM TO AVOID CRIMINALIZING JUVENILES AND THE LABELING OF THOSE WHO HAVE COMMITTED ONLY TRANSGRESSIONS OF IMMATURITY. TABLES PRESENT SUPPORTING STATISTICS. REFERENCES ARE INCLUDED. (GLR)