NCJ Number
42785
Date Published
1977
Length
69 pages
Annotation
THE FUNDAMENTAL ASSUMPTION OF THE STANDARDS IN THIS VOLUME IS THAT A DISPOSITIONAL DECISION INVOLVES THE VITAL INTERESTS OF BOTH THE JUVENILE AND THE STATE.
Abstract
THE STANDARDS IN THIS VOLUME SEEK TO MAXIMIZE ACCURACY IN DISPOSITIONAL FACT FINDING AND PROVIDE FULL OPPORTUNITY FOR MEANINGFUL PARTICIPATION BY THE JUVENILE, THE JUVNEILE'S COUNSEL, THE PARENTS OR GUARDIANS, REPRESENTATIVES OF THE STATE, AND, UNDER CERTAIN CONDITIONS, THE VICTIM OF THE OFFENSE. THE STANDARDS ALSO INTEND TO MINIMIZE THE SIGNIFICANCE ATTACHED TO HEARSAY AND CONCLUSIONS. EXPLICIT FACT FINDING AND RECORDED REASONS FOR SELECTION OF PRTICULAR DISPOSITIONS ARE DIRECTED IN THE STANDARDS, AND THERE IS PROVISION FOR A BROAD SHARING OF RELEVANT INFORMATION. FURTHER, THERE IS AN EFFORT TO LIMIT DISPOSITIONAL FACTS TO THOSE THAT ARE DIRECTLY RELEVANT TO DISPOSTIONAL OBJECTIVES. THE ATMOSHERE AND INTENTION OF THE HEARING IS DESIGNED TO BALANCE FORMALITY WTH INFORMALITY AND GIVE FAIR OPPORTUNITY TO INFLUENCE AN IMPARTIAL DECISION MAKER'S JUDGEMENT WITHIN THE ALLOWABLE LIMITS OF DISCRETION. THE STANDARDS TAKE SERIOUSLY THE PROSPECT OF A DEPRIVATION OF LIBERTY AS A GRIEVOUS LOSS. WITHIN THE LEGAL LIMITS FIXED FOR AN OFFENSE, THE STANDARDS PROVIDE AN OPPROTUNITY TO FASHION A DISPOSITION RESPONSIVE TO THE INDIVIDUAL CONDITION OR SITUATION OF THE JUVENILE. FOR OTHER VOLUMES IN THIS SERIES, SEE NCJ-42751-42754, AND NCJ-42780-42790....RCB