NCJ Number
55319
Journal
Southern University Law Review Issue: 4, N 1 Dated: (FALL 1977) Pages: 37-71
Date Published
1978
Length
35 pages
Annotation
MAJOR U.S. SUPREME COURT DECISIONS PERTAINING TO THE RIGHTS OF JUVENILES IN DELINQUENCY PROCEEDINGS AND THE IMPACT OF THOSE DECISIONS ON LOUISIANA'S JUVENILE COURT SYSTEM ARE EXAMINED.
Abstract
THE DISCUSSION FOCUSES ON THE COURT'S DELINEATION OF THE DUE PROCESS RIGHTS OF JUVENILES IN ITS 1967 IN RE GAULT DECISION, ANALYZING THE GAULT CASE AND RELATED CASES THAT CAME BEFORE AND AFTER IT. A REVIEW OF DELINQUENCY PROCEEDINGS IN LOUISIANA PRIOR TO AND FOLLOWING GAULT ILLUSTRATES THE EFFECT OF THE DECISION ON THE STATE'S JUVENILE JUSTICE SYSTEM. OVERALL, THE ANALYSIS REVEALS A TREND TOWARD RELINQUISHING THOSE ASPECTS OF JUVENILE DELINQUENCY PROCEEDINGS THAT, IF APPLIED TO ADULTS, WOULD INTERFERE WITH GUARANTEED CONSTITUTIONAL RIGHTS. THE TREND BEGAN IN EARNEST IN 1967 AND PROMISES TO CONTINUE. WHEN CONSTITUTIONALLY GUARANTEED RIGHTS AND PROTECTIONS BECOME TOTALLY APPLICABLE TO JUVENILE OFFENDERS, JUVENILE COURTS MAY BECOME UNNECESSARY FOR PURPOSES OF DETERMINING DELINQUENCY AND MAY FIND THEMSELVES INVOLVED ONLY IN THE DISPOSITION OF CASES IN WHICH YOUTHS ALREADY HAVE BEEN DECLARED DELINQUENT. PERHAPS IN SERVING PRIMARILY AS DISPOSITIONAL CENTERS THE JUVENILE COURTS FINALLY WOULD BE FULFILLING THE ROLE FOR WHICH THEY WERE CREATED--HELPING CHILDREN. EXTENSIVE FOOTNOTES ARE PROVIDED. (LKM)