NCJ Number
48419
Date Published
1978
Length
93 pages
Annotation
THE STRUCTURE AND ORGANIZATION OF ENGLAND'S JUVENILE COURTS AND THE SOCIAL INTERACTIONS THAT TAKE PLACE IN THE COURTS ARE EXAMINED, WITH A VIEW TOWARD ISSUES PERTAINING TO LEGAL REPRESENTATION OF CHILDREN IN COURT.
Abstract
THE REPORT REFLECTS A 1-YEAR STUDY OF 2 COURTS IN 2 LARGE CITIES AND DETAILED EXAMINATIONS OF 90 CASES. WIDE VARIATIONS IN SENTENCING POLICY, COURTROOM PROCEDURE AND APPROACH, AND THE RELATIVE CONTRIBUTIONS BY PROFESSIONAL PARTICIPANTS WERE FOUND BETWEEN THE TWO COURTS. THE ACTIVITIES OF SOCIAL WORKERS, PROBATION OFFICERS, AND LAWYERS ARE EXAMINED IN LIGHT OF THIS VARIATION, AND THE ACTIVITIES OF PROFESSIONALS ARE SET AGAINST THE PERCEPTIONS AND EXPERIENCES OF THE DEFENDANTS. REPRESENTATION OF CHILDREN IS SEEN NOT AS A UNITED ACTIVITY WITHIN A SINGLE COURT PROCESS BUT RATHER AS AN ACTIVITY RADICALLY CONDITIONED BY THE CONSTRAINTS SURROUNDING IT. THE STUDY CONCLUDES THAT THE CONCEPT OF REPRESENTATION DEPENDS ON THE DETERMINATION OF AN 'INTEREST,' AND THAT THE JUVENILE DEFENDANT'S INTEREST VARIES BETWEEN AND WITHIN COURTS DEPENDING UPON THE EMPHASIS ACCORDED TO WELFARE OR PUNITIVE STANDARDS OF JUDGMENT. IMPLICATIONS OF THE FINDINGS ARE DISCUSSED. SUPPORTING DATA ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED--LKM)