NCJ Number
56974
Date Published
1978
Length
84 pages
Annotation
MATERIALS FOR INCLUSION IN A LAW SCHOOL COURSE ARE PRESENTED; THEY CONSIDER, AMONG OTHER ISSUES, JUVENILE DELINQUENCY, JUVENILE COURTS, THE JUVENILE JUSTICE SYSTEM, PUNISHMENT, AND JUVENILE COURT PROCEDURES.
Abstract
THIS EXAMINATION OF JUVENILE DELINQUENCY IS CENTERED AROUND THE ISSUE OF HOW JUVENILE OFFENDERS ARE TREATED DIFFERENT FROM ADULT OFFENDERS AND THE EXTENT TO WHICH THEY SHOULD BE TREATED DIFFERENTLY. THE PRIMARY DIFFERENCE BETWEEN THE JUVENILE PROCESS AND THE ADULT CRIMINAL PROCESS INVOLVES PARENT-CHILD RELATIONSHIPS, THE YOUNG PERSON'S POSSIBLE LACK OF MATURITY AND COMPETENCE, AND REHABILITATIVE GOALS OF JUVENILE COURTS. JUVENILE COURTS ARE PART OF THE LARGER JUVENILE JUSTICE SYSTEM THAT INCLUDES THE POLICE AND CORRECTIONAL AGENCIES. JUVENILE COURT DELINQUENCY PROCEEDINGS HAVE TWO ASPECTS: (1) THE ADJUDICATORY OR JURISDICTIONAL PHASE; AND (2) THE DISPOSITIONAL PHASE. THE NUMBER OF CHILDREN SEEN IN COURTS, COMPLETING THE ADJUDICATORY PROCESS, AND PLACED IN INSTITUTIONS REPRESENTS A SMALL PERCENTAGE OF ALL CHILDREN WHO COME IN CONTACT WITH SOME PART OF THE TOTAL JUVENILE JUSTICE SYSTEM. OTHER WAYS OF PUNISHING CRIMINAL CONDUCT ARE DETERRENCE, INCAPACITATION, AND RETRIBUTION. THE ROLE OF THE LAWYER IN THE JUVENILE COURT PROCESS IS CRUCIAL IN TERMS OF POSSIBLE INEXPERIENCE AND IMMATURITY EXHIBITED BY MINORS, THE REHABILITATIVE GOAL OF JUVENILE PROCEEDINGS, AND PROBLEMS CREATED FOR THE LAWYER REPRESENTING A JUVENILE CLIENT BY REASON OF THE CHILD'S PARENTS AND THEIR DESIRES FOR THE CHILD. HISTORICAL DEVELOPMENTS IN THE JUVENILE JUSTICE SYSTEM ARE REVIEWED, AND THE BUREAUCRATIC CONTEXT OF THE JUVENILE JUSTICE SYSTEM IN A LARGE CITY JUVENILE COURT IS EXAMINED. PROCEDURAL DIFFERENCES BETWEEN THE JUVENILE DELINQUENCY PROCESS AND THE ADULT CRIMINAL PROCESS ARE NOTED. LEGISLATIVE AND LEGAL ORGANIZATION INVOLVEMENT IN THE PREVENTION OF JUVENILE DELINQUENCY IS DISCUSSED. CASE LAW IS CITED. (DEP)