NCJ Number
32945
Journal
Saint Louis University Law Journal Volume: 20 Issue: 1 Dated: (1975) Pages: 1-99
Date Published
1976
Length
99 pages
Annotation
THIS ARTICLE ANALYZES AND SURVEYS VARIOUS PROVISIONS OF JUVENILE COURT REFORM PROPOSALS FILED IN STATE LEGISLATURES SINCE 1972.
Abstract
THE PROPOSALS CONSIDERED WERE DESIGNED TO REMODEL JUVENILE COURT SYSTEMS IN RESPONSE TO UNITED STATES SUPREME COURT DECISIONS SINCE 1966 (KENT V. UNITED STATES) WHICH HAVE CONSISTENTLY APPLIED TO JUVENILE PROCEEDINGS THE SAME CONSTITUTIONAL GUARANTEES ENJOYED BY ADULT DEFENDANTS IN CRIMINAL PROSECUTIONS. THIS SURVEY WAS DESIGNED TO PROVIDE AN UNDERSTANDING OF THE NATURE AND SCOPE OF REFORM MEASURES BEING CONSIDERED BY STATE LEGISLATURES AND TO ANALYZE THE DEFICIENCIES OF MANY OF THESE PROPOSALS BASED ON CRITERIA IN LEADING CASES AND GENERAL POLICY CONSIDERATIONS. BECAUSE MANY OF THE PROPOSALS DO NOT REPRESENT ADEQUATE SOLUTIONS TO MAJOR PROBLEMS WITH THE JUVENILE COURT SYSTEM, A MODEL STATUTE IS INCLUDED IN THE APPENDIX. THIS MODEL REQUIRES THE COURT TO ASSIST CHILDREN BY APPLYING THE LEAST RESTRICTIVE ALTERNATIVES AVAILABLE AND DIRECTS IT TO ASSIST AND SUPERVISE THE CHILD IN HIS HOME AND IN HIS COMMUNITY BEFORE APPLYING MORE DRASTIC MEASURES. THE DISCUSSION OF THE LEGISLATIVE PROPOSALS IS BASICALLY ORGANIZED ACCORDING TO ISSUES COVERED BY EACH SECTION OF THE MODEL STATUTE. THE TOPICS DISCUSSED INCLUDE JUVENILE COURT JURISDICTION, JUVENILE COURT PERSONNEL, STANDARDS FOR ARREST, VENUE, PRETRIAL DETENTION AND SHELTER CARE, INTAKE, PRE-HEARING PROCEDURES, FUNDAMENTAL RIGHTS OF PARTIES IN THE ADJUDICATORY PHASE, AND TRANSFER OF JURISDICTION TO CRIMINAL COURT. OTHER AREAS CONSIDERED ARE THE ADJUDICATORY HEARING, THE DISPOSITIONAL HEARING, DISPOSITION, TERMINATION OF PARENTAL RIGHTS, APPEAL AND COLLATERAL ATTACK, PROTECTIONS IN CELATION TO IDENTIFICATION PROCEDURES, AND EXPUNGEMENT OF RECORDS. (SNI ABSTRACT)