NCJ Number
86419
Date Published
1981
Length
204 pages
Annotation
This examination of family courts in Brooklyn and the Bronx (New York) shows that they have become increasingly preoccupied with protecting the due-process rights of juvenile defendants while shifting away from the provision of needed services for troubled youth.
Abstract
During the 1970's, the family courts of New York City received a great deal of criticism because many serious delinquent acts were being committed by youth who had previously appeared before the court. This study was initiated to determine what problems were being experienced by the courts in case processing and to identify the underlying causes of the problems. Extensive, openended interviews were conducted with court personnel to obtain their views of court operations. Further, the experiences of 500 juveniles brought to the family court for the first time on delinquency and status offense charges were tracked over 18 months. The due process emphasis of the court has elevated the contest between prosecution and defense to enormous importance. In 'routine' delinquency cases, legal aid lawyers are more heavily staffed and better organized than public prosecutors, so there are high rates of dismissal. In the more serious designated felony cases, however, a much greater emphasis is given to prosecution, resulting in much higher conviction rates for serious offenders. Thus, for all but the most serious offenders, the court offers little more than exposure to a process and a return to the streets. The court consequently appears to be forsaking its traditional role of providing services to youth at-risk so as to prevent their becoming involved in serious crime. The court should give renewed attention to services for troubled youth. Appended is a socio-legal analysis of juvenile justice reform in New York City and data on the staffing of public prosecutors and public defenders in the family courts of Brooklyn and the Bronx for 1975 and 1977. A glossary and 126 references are provided.