Law of Delinquency (From Introduction to Juvenile Delinquency: Youth and the Law, P 27-50, 1984, James T Carey and Patrick D McAnany -- See NCJ-116445)

• NCJ Number: 116447
• Author(s): J T Carey; P D McAnany
• Date Published: 1984
• Length: 24 pages
• Sale Source: Prentice Hall
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

After reviewing the nature, form, and subject matter of law as it pertains to juveniles, this chapter discusses the law of the juvenile court, the legal structure of delinquency, and goals for delinquent jurisdiction.

Abstract

Although law is intended for all citizens to obey, including juveniles, juvenile court law is a specialized law for juveniles that addresses delinquency, youth in need of supervision, neglected juveniles, and juveniles' dependency needs. Under this structure, juvenile law is a set of principles rather than a set of clear rules. The power to decide whether or not a juvenile comes under the jurisdiction of the juvenile court is delegated to judges with specialized powers and discretion to act on behalf of those youth who come before the court. In discussing the elements of delinquency law, the chapter examines jurisdiction, which involves the substantive or defining rules that give the court power to act on or in behalf of certain juvenile criminals; procedure, which consists of the rules for handling a delinquency case from investigation to determination of guilt or innocence; and remedy, which involves alternative dispositions available to courts and rules for selecting the disposition. In considering the goals for juvenile justice jurisdiction, notably control, help, or justice, the chapter offers some suggestions for a justice model that would eliminate status offenses as a delinquency category, grade offenses similar to adult criminal law, and provide a hierarchy of dispositions according to their penal impact on the juvenile's life.