NCJ Number
54666
Date Published
1976
Length
0 pages
Annotation
THIS TAPE CASSETTE FROM THE THIRD NATIONAL CONFERENCE ON JUVENILE JUSTICE CONSIDERS THE VARIOUS ARGUMENTS CONCERNING PLEA BARGAINING IN JUVENILE COURT.
Abstract
THE GOALS OF THE JUVENILE JUSTICE SYSTEM GENERALLY FOCUS ON REHABILITATION RATHER THAN ON RETRIBUTION. TWO DISTINCT APPROACHES TO THIS GOAL SEE THE JUVENILE JUSTICE SYSTEM AS EITHER FUNCTIONING IN THE PLACE OF THE CHILD'S PARENTS, OR AS FUNCTIONING AS A PART OF THE ADVERSARY SYSTEM. IN THE FORMER APPROACH, JUDGES MAY OBJECT TO BARGAINING WHICH DETRACTS FROM THEIR ABILITY TO ACT IN THE PLACE OF THE PARENTS. A DEFENDANT, EVEN A JUVENILE, MAY WISH TO AVOID THE TRAUMA OF A TRIAL AND MAY FAVOR THE ALTERNATIVE APPROACH. AS IN THE ADULT CRIMINAL JUSTICE SYSTEM, THE DEFENDANT MAY BE ABLE TO CIRCUMVENT SOME ASPECTS OF JUDICIAL AUTHORITY AND NEGOTIATE DIRECTLY WITH THE PROSECUTOR. DEFENSE COUNSEL'S KNOWLEDGE OF THE CHILD'S FAMILY SITUATION MAY LIKEWISE COMPEL BARGAINING TO AVOID THE STIGMA OF CONVICTION. OFFERS OF COMPROMISE WITHIN THE JUVENILE JUSTICE SYSTEM HAVE LEGAL AND PRACTICAL VALUE, WITH THE JUDGE ENTERING THE PROCESS AFTER THE NEGOTIATION. JUDGES SHOULD ASSURE THEMSELVES OF THE MAINTENANCE OF A CHILD'S RIGHTS IN PLEA BARGAINING, AS THEY DO IN THE ADULT COURTS. (TWK)