NCJ Number
74491
Journal
Journal of Humanics Volume: 8 Issue: 1 Dated: (1980) Pages: 77-97
Date Published
1980
Length
21 pages
Annotation
Sources of decisionmaking irrationality and case processing inequity in juvenile court system are examined, major juvenile court policy issues are considered, and suggestions for reform are presented.
Abstract
Although this system was originally developed to separate juveniles from adults in the legal system and to provide rehabilitation opportunities, its primary result has been to deprive youth of their legal rights. The dichotomous purposes of the juvenile court have made the system ineffective. Allowing courts to concentrate on legal aspects of juvenile cases and assigning all treatment responsibilities to social service agencies would make that juvenile courts accountable for their clients' welfare. Because most courts are incapable of treating disturbed juveniles, they should be used as a treatment contracting vehicle. To insure that juvenile clients are served by advocates concerned with clients, legal rights rather than their 'best interests,' juvenile courts should use the adversary model used in adult courts. Juveniles should be assigned an attorney prior to processing and should be assumed incapable of making intelligent waivers of their rights. Juvenile courts should handle trivial cases unofficially but without utilizing informal probation. Each State should establish a central agency to monitor court actions such as recordkeeping, insure uniform procedures in all municipalities, and check court-operated detention facilities. The States should also provide incentives to the courts to maintain youth in the community, and should see that appropriate services are provided. Juvenile courts should not be directly involved in detention facility operation. The personnel requirements and training procedures for all juvenile court personnel should be upgraded. The Federal government should consider instituting mandatory reporting requirements as a condition for receiving Federal funds. Thirty-six references are included.