NCJ Number
47256
Journal
New York University Law Review Volume: 52 Issue: 5 Dated: (NOVEMBER 1977) Pages: 1051-1063
Date Published
1977
Length
13 pages
Annotation
THE BACKGROUND OF THE JUVENILE COURT'S JURISDICTION OVER NONCRIMINAL MISBEHAVIOR IS REVIEWED, AND PROPOSED STANDARDS FOR LIMITING THAT JURISDICTION ARE DESCRIBED AND ASSESSED.
Abstract
THE DISCUSSION REFERS TO THE VOLUME ON NONCRIMINAL MISBEHAVIOR PRODUCED BY THE INSTITUTE OF JUDICIAL ADMINISTRATION AND AMERICAN BAR ASSOCIATION JOINT COMMISSION ON JUVENILE JUSTICE STANDARDS. AT ISSUE IS THE COURT'S JURISDICTION OVER CHILDREN WHO ARE DISOBEDIENT, TRUANT, INCORRIGIBLE, OR UNGOVERNABLE -- PERSONS IN NEED OF SUPERVISION (PINS). ALTHOUGH JUVENILE COURT JURISDICTION OVER PINS HAS COME UNDER ATTACK, LEGAL CHALLENGES GENERALLY HAVE FAILED TO DIMINISH THE SCOPE OF THAT JURISDICTION. THE JOINT COMMISSION'S PROPOSED STANDARDS PROVIDE A COMPROMISE BETWEEN TOTAL ABOLITION AND TOTAL RETENTION OF PINS JURISDICTION. THE PROPOSED SYSTEM PERMITS A DEGREE OF STATE-SPONSORED HELP FOR CHILDREN IN NEED BUT SIGNIFICANTLY REDUCES THE POWER OF THE COURTS TO INTERVENE COERCIVELY IN THE LIVES OF NONDELINQUENT CHILDREN. FOR THE MOST PART, THE STANDARDS ELIMINATE PINS JURISDICTION AS IT IS COMMONLY KNOWN. THE SERVICES AND INTERVENTION PROPOSED IN THE STANDARDS ARE NONCOERCIVE, AND THE PROCEDURES FOR DELIVERING SERVICES ARE CHILD-ORIENTED. ARGUMENTS AGAINST ABOLITION OF PINS JURISDICTION, BASED ON THE GROUNDS THAT ADEQUATE CHILD-ORIENTED SERVICES ARE UNAVAILABLE OR THAT ABOLITION WILL WEAKEN THE JUVENILE COURTS, ARE COUNTERED. (LKM)