NCJ Number
103137
Date Published
1986
Length
84 pages
Annotation
This analysis of the philosophical and historical underpinnings of the U.S. juvenile court system and its contemporary operations argues that the juvenile courts should operate under a justice model rather than the present treatment or child welfare model.
Abstract
The essay first traces the rise of positivistic-deterministic doctrines which emphasize causes of criminality rather than the crime itself. Using the juvenile court act passed in Illinois in 1899, the author shows how such institutions were designed to be coercive social clinics for abused or delinquent children rather than courts. An overview of the nature of remedial justice and crime and punishment provides the basis for the argument that juvenile courts should return to justice for its own sake. A discussion of the need for justice for status offenders outlines procedures that focus on justice and control but do not exclude treatment measures. The book examines several areas pertaining to statutory reform: purpose clauses, definitions, jurisdiction, dispositional reporting, the dispositional process, and transfer or certification proceedings. Sample legislative provisions for a justice model are offered. The author also discusses children's rights to nurture, to fairness in the social environment, and to moral, ethical, and social training. References.