NCJ Number
69382
Date Published
1977
Length
34 pages
Annotation
FOCUSING ON DUE PROCESS GUARANTEES, THE STUDY TESTS THE UTILITY OF PROCEDURAL REFORMS IN REDUCING JUVENILE COURT DISCRETION.
Abstract
THE U.S. SUPREME COURT'S DUE PROCESS MANDATES EMPHASIZED IN KENT, GAULT, AND WINSHIP (E.G., THE RIGHT TO COUNSEL, THE RIGHT TO CONFRONT AND CROSS-EXAMINE WITNESSES, AND THE RIGHT TO REMAIN SILENT) INTEND TO CONTROL UNFAIR, DISCRETIONARY BEHAVIOR IN JUVENILE COURTS. THE REPORT SURVEYS A RANDOM SAMPLE OF 600 COURTS IN 400 COUNTIES (POPULATION OVER 50,000) WITH REGARD TO FOUR TYPES OF IMPACT OF THE DUE PROCESS MANDATES: (1) COMPLIANCE TO THE MANDATES, (2) INCREASED INPUT OF JUVENILES AND THEIR ADVOCATES AT ADJUDICATION, (3) INFLUENCE OF THE MANDATES ON STAGES OTHER THAN THE ADJUDICATION STAGE OF THE HEARINGS, AND (4) ALTERATIONS IN OUTCOMES OR THE QUANTITY OF DECISIONS. BASED ON THE QUESTIONNAIRE REPLIES OF 277 JUDGES AND 237 ADMINISTRATORS (NEARLY A 60 PERCENT RESPONSE RATE), RESULTS INDICATE THAT (1) NEARLY ONE-THIRD OF LISTED MANDATES WERE NOT COMPLIED WITH IN A GIVEN COURT AS REPORTED BY THE JUDGE, (2) THE RELATIONS AND INFLUENCE OF ALL LEGAL ACTORS AT ADJUDICATION (JUDGE, DEFENSE ATTORNEY, PROBATION OFFICERS) HAD NOT CHANGED AT ALL, (3) THE MANDATES HAD A SOMEWHAT LARGER INFLUENCE ON DISPOSITION THAN ADJUDICATION, AND (4) THE MANDATES APPEARED TO HAVE NO EFFECT ON AGGREGATE CASE OUTCOMES AND DID LITTLE TO REDUCE THE NUMBER OF COMMITMENTS AND FORMALLY HANDLED CASES. IT IS CONCLUDED THAT OTHER FORMS OF LEGAL CHANGE WOULD BE MORE USEFUL. STATISTICAL CHARTS AND TABLES SUPPORT THE RESULTS, AND 21 REFERENCES ARE INCLUDED.