NCJ Number
50047
Journal
New Yorker Volume: 54 Issue: 26 Dated: (AUGUST 14, 1978) Pages: 55-89
Date Published
1978
Length
33 pages
Annotation
AN EXAMINATION OF THE JUVENILE JUSTICE SYSTEM'S PRACTICE OF PLACING CHILDREN INTO INSTITUTIONS, EVEN THOUGH THEY HAVE COMMITTED NO ACT FOR WHICH AN ADULT COULD BE PROSECUTED, IS EXAMINED IN THIS ARTICLE.
Abstract
YOUNG PEOPLE WHO ARE CONSIDERED IN NEED OF SUPERVISION, EVEN THOUGH THEY HAVE COMMITTED NO CRIME, REPRESENT APPROXIMATELY 40 PERCENT OF THE ROUGHLY 100,000 CHILDREN SENT TO JAIL EACH YEAR. THESE CHILDREN ARE LABELED WITH SUCH TERMS AS PERSONS IN NEED OF SUPERVISION (PINS) OR JUVENILES IN NEED OF SUPERVISION (JINS). UNDER ONE NAME OR ANOTHER, 41 STATES HAVE SUCH LAWS. IT IS CLEAR THAT SUCH PROCEDURES DO NOT HELP THE CHILDREN AND DENY THEM THE RIGHT TO USEFUL TREATMENT WHICH WAS GRANTED TO ADULTS BY A 1975 U.S. SUPREME COURT DECISION. NEW YORK STATE'S 1962 FAMILY COURT CONTAINS A PINS STATUTE WHICH CRITICS ASSERT IS NOT ONLY AMBIGUOUSLY WRITTEN BUT, IN EFFECT, DISCRIMINATORY BECAUSE POOR CHILDREN ARE AFFECTED MOST BY THE LAW. AN EXAMINATION OF COURT CASES WHICH HAVE CONTESTED THIS ACT REVEALS THE SERIOUS ABUSES POSSIBLE IN SUCH A SYSTEM. THE PROCESS BY WHICH JUVENILES ARE SENT TO INSTITUTIONS UNDER NEW YORK LAW IS DISCUSSED. THE DISCRETIONARY POWER OF JUDGES IN SUCH CASES PRESENTS SERIOUS PROBLEMS. EVIDENTLY, JUDGES ARE MORE LENIENT WITH JUVENILE DELINQUENTS THAN WITH PINS. THE FEDERAL 1974 JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT IMPOSES EXTENSIVE REFORMS ON MOST STATE SYSTEMS WHICH HAVE PROVEN DIFFICULT TO MEET. HOWEVER, ADDITIONAL EFFORTS MUST BE TAKEN TO ENSURE THAT CHILDREN RECEIVE THE BEST CARE AVAILABLE TO THEM UNDER SUCH ACTS. NO REFERENCES ARE PROVIDED. (KCP)