NCJ Number
68747
Journal
Duke Law Journal Volume: 1971 Issue: 5 Dated: (1971) Pages: 913-937
Date Published
1971
Length
25 pages
Annotation
THIS ESSAY EXAMINES ISSUES RELATED TO DUE PROCESS FOR JUVENILES IN CONNECTION WITH THE DECISION OF ARREST.
Abstract
JUVENILE COURTS' ATTENTION HAS BEEN FOCUSED MAINLY ON ASSURING FAIRNESS RATHER THAN ON EXTENDING TO JUVENILES THE SAME CONSTITUTIONAL PROTECTIONS ACCORDED ADULTS. THIS EMPHASIS RESULTED FROM THE PREMISE THAT JUVENILE PROCEEDINGS WERE CIVIL AND NOT CRIMINAL IN NATURE AND THE DIFFERENTIAL TREATMENT FOLLOWED FROM THE PRINCIPLE OF PARENS PATRIAE (THE PARENTAL RESPONSIBILITY OF THE STATE TO THE CHILD). RECENT EFFORTS HAVE FOCUSED ON PROVIDING BOTH FAIRNESS AND DUE PROCESS TO JUVENILES. THE SOURCE OF THESE EFFORTS WAS THE GAULT CASE (1967). HOWEVER, THE DECISION TO ARREST REMAINS AN AREA IN WHICH PROCEDURAL REQUIREMENTS ARE VAGUE. THE POLICE OFFICER MUST DETERMINE WHAT CONDUCT IS CRIMINAL, THE SERIOUSNESS OF THE INCIDENT, AND THE APPROPRIATE RESPONSE. BECAUSE POLICE EXERCISE MUCH MORE DISCRETION IN DEALING WITH JUVENILES THAN WITH ADULTS, ENCOUNTERS BETWEEN YOUTH AND POLICE ARE A CRUCIAL STAGE IN THE JUVENILE JUSTICE PROCESS. THE STANDARD JUVENILE COURT ACT PERMITS AN OFFICER TO TAKE CHILDREN INTO CUSTODY NOT ONLY FOR OBSERVED CRIMINAL BEHAVIOR BUT ALSO FOR SUSPECTED CRIMINAL BEHAVIOR, FOR PROTECTION FROM DANGER, AND FOR SUSPICION OF BEING A RUNAWAY. TWO CALIFORNIA LAWS ILLUSTRATE THE PROBLEM OF VAGUENESS AND LACK OF PROTECTION OF JUVENILES' RIGHTS. IN CONTRAST, NEW YORK'S LAW PROVIDES THAT A JUVENILE MAY BE TAKEN INTO CUSTODY WITHOUT A WARRANT ONLY WHEN COMMITTING AN ACT WHICH FOR AN ADULT WOULD JUSTIFY ARREST. THE OFFICE MUST OBTAIN A SUMMONS TO TAKE INTO CUSTODY A YOUTH DEEMED IN NEED OF SUPERVISION. SEVERAL STATE LAWS OR COURT DECISIONS REQUIRE MIRANDA WARNINGS BEFORE QUESTIONING. ANALYSIS OF OTHER STAGES IN THE JUVENILE CUSTODIAL PROCESS UNDERLINES THE NEED FOR STRICTER LIMITS ON THE DECISION TO ARREST. THE ARTICLE RECOMMENDS THAT (1) OFFICERS DEALING WITH JUVENILES BE GIVEN SPECIAL TRAINING AND EXPERIENCE; (2) YOUNG PEOPLE RECEIVE THE SAME DUE PROCESS RIGHTS AS ADULTS AND BE TAKEN INTO CUSTODY WITHOUT WARRANTS ONLY FOR VIOLATIONS FOR WHICH AN ADULT WOULD ALSO BE ARRESTED; AND (3) YOUNG PEOPLE BE HANDLED DIFFERENTLY FROM ADULTS. FOOTNOTES ARE INCLUDED.