NCJ Number
49380
Journal
American Journal of Orthopsychiatry Volume: 48 Issue: 3 Dated: (JULY 1978) Pages: 390-393
Date Published
1978
Length
4 pages
Annotation
THE TREND TOWARD FORMALIZING FAMILY COURT PROCESSES IN THE INTEREST OF DUE PROCESS, PROVIDING MANDATORY SENTENCES FOR JUVENILE CRIMES, AND REMOVING STATUS OFFENDERS FROM THE COURT'S JURISDICTION IS EXAMINED.
Abstract
THE TREND TOWARD FORMALIZING FAMILY COURT PROCESSES TO INSURE DUE PROCESS SAFEGUARDS UNDER THE ADVERSARY STRUCTURE IS CONSIDERED THE WRONG DIRECTION TO BE TAKING IF THE WELFARE OF DELINQUENTS AND THE HEALING OF TROUBLED FAMILIES IS TO BE NURTURED BY THE COURTS. WHILE THE IMPORTANCE OF DETERMINING THE TRUTH IN A CASE WHERE A JUVENILE IS CHARGED WITH A CRIME IS BELIEVED BEST SERVED BY FOLLOWING DUE PROCESS PROCEDURES, IT IS FELT THAT THE DISPOSITION OF A CASE WHERE IT HAS BEEN DETERMINED THAT A CRIME WAS COMMITTED BY THE ACCUSED SHOULD ADMIT ADDITIONAL FACTS ABOUT THE YOUTH AND HIS FAMILY SO AS TO AID THE JUDGE IN DETERMINING THE BEST STRATEGY FOR REHABILITATION. THE TREND TOWARD MANDATORY SENTENCING FITTED TO THE SEVERITY OF THE CRIME IS CONSIDERED REGRESSIVE IN DEALING WITH JUVENILE OFFENDERS. IT IS URGED THAT JUDICIAL DISCRETION BE PRESERVED IN THE DISPOSITION OF FAMILY COURT CASES IN THE INTEREST OF TREATING EACH OFFENDER ACCORDING TO DISCERNED REHABILITATION NEEDS. THE ADVERSARY STRUCTURE FOR PROCEDURES IS DEEMED INAPPROPRIATE IN THE CONTEXT OF A DISPOSITIONAL DECISION.ATTEMPTS TO REMOVE STATUS OFFENDERS FROM THE JURISDICTION OF THE FAMILY COURTS IN THE INTEREST OF DECRIMINALIZING THEIR BEHAVIOR WHILE INSTITUTING THE CRIMINAL COURT PROCEEDINGS FOR JUVENILE ACCUSED OF OTHER CRIMES ARE BELIEVED TO LEAD TOWARD THE DISCONTINUANCE OF ANY GOVERNMENT SUPPORTED HELP FOR JUVENILES AND THEIR FAMILIES WHEN NONCRIMINAL DEVIANT BEHAVIOR IS EVIDENCED. IT IS FEARED THAT WITHOUT SERVICES TO FAMILIES MANDATED BY FAMILY COURT, NONCRIMINAL DEVIANT YOUTHS, WILL DEVELOP INTO CRIMINALS REFERENCES ARE PROVIDED. (RCB)