NCJ Number
86617
Journal
Juvenile and Family Court Journal Volume: 33 Issue: 3 Dated: (August 1982) Pages: 53-69
Date Published
1982
Length
17 pages
Annotation
This observational study of 627 juvenile court cases examines whether constitutional safeguards are being implemented and lawyers are operating effectively. The factors affecting juvenile court decisionmaking are also identified.
Abstract
Over a 10-week period, some 40 volunteers from community organizations systematically observed the proceedings of a juvenile court in a large North Central city. Data were collected through the use of a four-page questionnaire. Categories of information included type of hearing, type of court official hearing case, length of time of hearing, demographic characteristics of juvenile, description of charges, persons present in the courtroom, events in hearing process, and court ruling and disposition. The findings indicated that even though more than a decade has passed since the Supreme Court's Gault decision (guaranteeing certain due process rights for those appearing before juvenile courts), juvenile court officials were still not in full compliance with the Gault ruling. Even though some rights were being advised to a majority of juveniles (i.e., the rights to counsel and to remain silent), other rights were not mentioned (e.g., the rights to subpoena and cross-examination). Attorneys were apparently ineffective in obtaining positive rulings and dispositions for their clients largely because they were unprepared. A factor most related to court rulings was the juvenile's school record; a youth with a good school record was less likely to be ruled delinquent or unruly and more likely to have the case dismissed. Rulings are still based in the parens patriae perspective upon which juvenile courts were initially founded, since the judges are more concerned about the type of youth before them than the nature of the misbehavior. Court officials should examine whether legalistic indicators such as offense seriousness might be better criteria for determining which juveniles should return home and which should be institutionalized. Tabular data and 22 notes are provided.