NCJ Number
59888
Journal
New England Journal on Prison Law Volume: 3 Issue: 2 Dated: (SPRING 1977) Pages: 381-436
Date Published
1977
Length
56 pages
Annotation
LEGAL ISSUES RAISED BY JUVENILE DIVERSION PROGRAMS, SUCH AS DEPRIVATION OF LIBERTY AND LACK OF DUE PROCESS SAFEGUARDS, ARE DISCUSSED; RAMIFICATIONS OF UNCHECKED DISCRETIONARY POWERS ARE EMPHASIZED.
Abstract
MODERN JUVENILE DIVERSION PROGRAMS HAVE RESULTED FROM THE PARTIAL FAILURE OF ANOTHER DIVERSIONARY MOVEMENT, THE JUVENILE COURT ITSELF. THE JUVENILE COURT WAS ESTABLISHED TO DIVERT JUVENILES FROM THE ADULT CRIMINAL PROCESS AND TO MAKE CHILD OFFENDERS ELIGIBLE FOR THERAPEUTIC, REHABILITATIVE PROGRAMS IN LIEU OF PUNISHMENT. CRITICISM OF JUVENILE PROCEEDINGS' INFORMALITY AND LACK OF CONSTITUTIONAL SAFEGUARDS GAVE IMPETUS TO THE DEVELOPMENT OF ALTERNATIVES TO THE JUVENILE COURT, INCLUDING DIVERSION. BUT WITH ALL THE ENTHUSIASM FOR DIVERSIONARY PROGRAMS, LITTLE ATTENTION HAS BEEN PAID TO THE POSSIBLE DANGERS TO JUVENILE RIGHTS THAT DIVERSION POSES. UNCHECKED DISCRETION ON THE PART OF DIVERSIONARY PERSONNEL INCLUDING PROBATION OFFICERS, PROSECUTORS, AND AGENCIES OUTSIDE OF THE JUVENILE JUSTICE SYSTEM, COULD BE DETRIMENTAL TO JUVENILES. COERCIVE INTERVENTION BY DIVERSIONARY PROGRAMS CAN ACTUALLY LEAD TO A 'WIDENING OF THE NET' OF CONTROL EXERCISED BY THE JUVENILE JUSTICE SYSTEM. THE DEVELOPMENT OF A MULTITUDE OF DIVERSION PROGRAMS HAS OPENED THE POSSIBILITY THAT MANY JUVENILES WHO NORMALLY WOULD NOT BE PROCESSED BY THE SYSTEM WILL INSTEAD COME INTO CONTACT WITH OTHER FORMAL AGENCIES OF SOCIAL CONTROL. LABELING THEORISTS AND CRITICS OF JUVENILE CORRECTIONS ARGUE THAT MANY CHILDREN WOULD DO BETTER SIMPLY BY BEING LEFT ALONE. MUCH MORE ATTENTION MUST BE FOCUSED ON THE LEGAL RIGHTS OF JUVENILES IN THE DIVERSION PROCESS. FOOTNOTES ARE INCLUDED IN THE ARTICLE.