JUDICIAL RECOGNITION AND IMPLEMENTATION OF A RIGHT TO TREATMENT FOR INSTITUTIONALIZED JUVENILES

• NCJ Number: 14388
• Journal: NOTRE DAME LAWYER Volume: 49 Issue: 5 Dated: (JUNE 1974) Pages: 1051-1063
• Author(s): B BRITT
• Date Published: 1974
• Length: 13 pages
• Corporate Author: University of Notre Dame
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

AFFIRMS THE DECISIONS OF FEDERAL COURTS IN THE AREA OF JUVENILE REHABILITATIVE TREATMENT AND URGES THE DETERMINATION OF THE EFFECTIVENESS OF PARTICULAR TREATMENT AS A PROPER JUDICIAL CONCERN.

Abstract

THE FEDERAL COURTS' RECOGNITION OF A CONSTITUTIONALLY GUARANTEED RIGHT TO TREATMENT FOR INCARCERATED JUVENILES IS CONSIDERED A PROPER INTERPRETATION OF THE ORIGINAL INTENT IN THE ESTABLISHMENT OF A SEPARATE JUVENILE JUSTICE SYSTEM. IT IS HELD THAT IN THE LIGHT OF THE RELUCTANCE OF STATE LEGISLATURES TO DEAL WITH CORRECTIONAL PROBLEMS, IT IS PARTICULARLY PROPER FOR THE COURTS TO ACT IN THIS AREA. THE AUTHOR RECOMMENDS THAT COURTS TAKE STEPS TO GUARANTEE THAT POSITIVE TREATMENT RESULTS ARE PRODUCED. HE INDICATES THAT THIS WOULD REQUIRE THE COURTS TO RETAIN JURISDICTION IN ORDER TO SUPERVISE THE ADEQUACY OF TREATMENT.