NCJ Number
36835
Journal
Michigan Law Review Volume: 74 Issue: 6 Dated: (MAY 1976) Pages: 1097-1165
Date Published
1976
Length
69 pages
Annotation
THIS ARTICLE OUTLINES THE ABUSES AND MISUSES OF THE PINS (PERSONS IN NEED OF SUPERVISION) JURISDICTION, DISCUSSES THE CHALLENGES RAISED AGAINST IT, AND EXPLORES THE VALUE OF AN ADJUDICATORY HEARING, IN COMBATTING PINS ABUSES.
Abstract
POTENTIAL DEFENSES AND AFFIRMATIVE DEFENSES THAT ARE ARGUABLY AVAILABLE, BUT ONLY SPORADICALLY ASSERTED IN PINS ACTIONS ARE ALSO ASSESSED. THE AUTHORS SUGGEST THAT THE DEFICIENCIES OF THE PINS JURISDICTION CAN BE MITIGATED IF, AT ADJUDICATORY HEARINGS, THERE IS VIGOROUS ASSERTION OF DEFENSES SUCH AS CONTRIBUTORY NEGLECT BY PARENTS AND FAILURE TO EXHAUST NON-JUDICIAL REMEDIES, AS WELL AS DEFENSES BASED ON STRICT ADHERENCE TO STATUTORY REQUIREMENTS THAT SEEK EXCLUSION OF CONDUCT WHICH IS DE MINIMIS, CONDONED, OR ISOLATED.