NCJ Number
79050
Journal
Federal Probation Volume: 45 Issue: 2 Dated: (June 1981) Pages: 48-53
Date Published
1981
Length
6 pages
Annotation
A model statute for governing juvenile court procedures is presented.
Abstract
The constitutionality of the juvenile court system appears to be well established according to numerous court decisions. The basis for the constitutionality ruling is that juvenile courts are noncriminal; hence, informal procedures may be used and most requirements of criminal procedure do not apply. The problem is that in most jurisdictions, the noncriminality is fictional, as juveniles are treated punitively. The constitutionality of the juvenile court, therefore, is subject to attack, and if the juvenile court system is to clear itself of such charges, the statutes governing its procedures must be strengthened. The proposed model statute aims at giving meaning to the parens patriae concept upon which the juvenile court is based by providing both procedural due process and substantive protections. The model act intends to implement the noncriminal effect of juvenile adjudication. Substantive due process ingredients are provided to avoid overcommitment. This is done by authorizing the use of citation in place of taking a child into custody; prompt attention to a release decision, if a child is taken into custody, is required. A jury trial is authorized in cases where an adult would be entitled to a jury trial for the underlying offense. The model provides that the juvenile court's jurisdiction over children under 16 is exclusive. Twenty-two footnotes are listed.