NCJ Number
53068
Date Published
1977
Length
62 pages
Annotation
TEN VOLUMES OF THE INSTITUTE OF JUDICIAL ADMINISTRATION AND AMERICAN BAR ASSOCIATION JUVENILE JUSTICE STANDARDS ARE EXAMINED BY REPRESENTATIVES OF LEGAL AGENCIES AND ORGANIZATIONS THAT WORK WITH INDIGENTS.
Abstract
IN THE FALL OF 1977, THE NATIONAL JUVENILE LAW CENTER APPROACHED THE RESEARCH INSTITUTE OF THE LEGAL SERVICES CORPORATION WITH A PROPOSAL DESIGNED TO PROVIDE THIS CRITIQUE OF THE FIRST 10 VOLUMES OF THE JUVENILE JUSTICE STANDARDS. THE CRITIQUE IS BASED ON THE VIEWS OF INDIVIDUAL LAWYERS AND LEGAL AGENCIES WHO PROVIDE SERVICES TO INDIGENTS AND THE VIEWS OF INDIGENTS THEMSELVES. THE CRITIQUE RECOMMENDS THAT THE FOLLOWING VOLUMES BE APPROVED WITH THE CHANGES NOTED AND DISCUSSED IN THE ANALYSIS: ADJUDICATION, APPEALS AND COLLATERAL REVIEW, COUNSEL FOR PRIVATE PARTIES, COURT ORGANIZATION AND ADMINISTRATION, DISPOSITIONAL PROCEDURES, PRETRIAL COURT PROCEEDINGS, PROSECUTION, AND TRANSFER BETWEEN COURTS. IT IS RECOMMENDED THAT CONSIDERATION OF THE VOLUME ON ABUSE AND NEGLECT BE DEFERRED TO PERMIT SUBSTANTIAL REVISION OF CERTAIN SECTIONS. THE VOLUME ON RIGHTS OF MINORS LACKED SUFFICIENT COHERENT RATIONALE, AND WITHDRAWAL OF THIS VOLUME IS SUGGESTED. A NUMBER OF BASIC ISSUES UNDERLYING JUVENILE COURT INTERVENTION IN THE LIVES OF POOR PEOPLE WERE NOT ADDRESSED ADEQUATELY IN THE VOLUMES REVIEWED. INCREASED LIMITS ON JUVENILE AND FAMILY COURT DISCRETION ARE SUGGESTED THROUGHOUT THE CRITIQUE TO DISCONTINUE THE PRESENT PRACTICE OF INTERVENING IN THE LIVES OF POOR FAMILIES WITHOUT OFFERING ALTERNATIVES TO IMPROVE THE CIRCUMSTANCES OF THE INDIVIDUALS AND FAMILIES INVOLVED. AS A GENERAL PRINCIPLE, IT IS RECOMMENDED THAT INTERVENTION NOT OCCUR UNLESS IT IS CLEAR THAT THE COURT CAN ACT TO IMPROVE THE SITUATION PRESENTED. FURTHERMORE, THE CRITIQUE REJECTS THE NOTION THAT THE PROVISION OF AD HOC SERVICES TO POOR FAMILIES THROUGH COURT INTERVENTION IS IN ANY SENSE A SUBSTITUTE FOR MEETING THE BASIC HUMAN NEEDS OF ALL FAMILIES. (RCB)