NCJ Number
58924
Journal
Bulletin of the American Academy of Psychiatry and the Law Volume: 4 Issue: 3 Dated: (1976) Pages: 227-230
Date Published
1976
Length
4 pages
Annotation
OBJECTIVES SOUGHT BY THE JUVENILE COURT IN ADDITION TO PROVIDING TREATMENT ARE PRESENTED FROM A LAWYER'S VIEWPOINT; THIS ARTICLE IS A REPLY TO A BEHAVIORAL SCIENTIST'S PERSPECTIVE OF THE JUVENILE COURT SYSTEM.
Abstract
THE LAWYER AND THE BEHAVIORAL SCIENTIST HAVE HIGHLY DIFFERENT PERSPECTIVES OF THE JUVENILE COURT SYSTEM. AT THE PRESENT TIME, THE FUNCTION OF THE JUVENILE COURT IS PRIMARILY TO DETERMINE WHETHER OR NOT THE STATE MAY FORCE A CHILD TO SUBMIT TO TREATMENT. IT IS THE OBLIGATION OF THE COURT TO ADJUDICATE ALL THE INTERESTS OF THE STATE, THE CHILD, AND SOCIETY. THE JUVENILE COURT SYSTEM IS NECESSARY BECAUSE THROUGH THE EXERCISE OF THE POWER OF JUVENILE AUTHORITIES MANY CHILDREN CAN BE SEPARATED FROM THEIR FAMILIES AND FORCED TO UNDERGO TREATMENT AGAINST THEIR WILL. SUCH POWERS OF COERCION ARE SIMILAR TO THOSE RESERVED FOR CIVIL COMMITMENT OF THE MENTALLY ILL. THE BEHAVIORISTIC THEORY, THEREFORE, HAS POTENTIALLY DANGEROUS RAMIFICATIONS SINCE IT WOULD ARGUE THAT ADDITIONAL SOCIAL ILLS BE HANDLED IN AN EQUIVALENT, COERCIVE MANNER. IN ADDITION, THE TREATMENT OF ANTISOCIAL CHILDREN IS NOT THE SOLE PURPOSE OF THE JUVENILE COURT. THE COURT STANDS AS A MEANS OF PROVIDING HELP, BUT ALSO AS A GUARDIAN OF THE CHILD TO INSURE THAT THE EXERCISE OF POWER BY THE STATE IS JUSTIFIABLE. THE COURT MUST OBSERVE THE DELICATE BALANCE BETWEEN SOCIETY'S INTEREST IN THE SECURITY OF THE COMMUNITY AND THE IDEAL OF INDIVIDUAL LIBERTY. THE BEHAVIORAL SCIENTIST ARGUES THAT ISOLATING THE INDIVIDUAL AS THE PROBLEM IS ERRONEOUS; HOWEVER, THE THE FACT IS THAT THE JUVENILE COURT CANNOT DEAL WITH SOCIETAL RACISM, ECONOMIC DEPRESSION, IN FACT, THE WHOLE STRUCTURE OF SOCIETY. ITS PRIMARY RESPONSIBILITY IS TO DETERMINE WHOM THE STATE MAY TREAT ON AN INVOLUNTARY BASIS. IT IS CONCLUDED THAT THE BEHAVIORAL SCIENCES AND THE LAW BOTH SEEK TO PROVIDE NEEDED TREATMENT FOR CHILDREN, BUT THAT THE LAW MUST SERVE OTHER GOALS AS WELL. (LWM)