NCJ Number
16187
Journal
Crime and Delinquency Volume: 20 Issue: 4 Dated: (OCTOBER 1974) Pages: 373-388
Date Published
1974
Length
16 pages
Annotation
THIS ARTICLE FOCUSES ON THE RIGHTS OF JUVENILES CONFINED IN TRAINING SCHOOLS PURSUANT TO JUVENILE OR FAMILY COURT PLACEMENTS.
Abstract
UNLIKE CONVICTED ADULTS, THESE CHILDREN ARE NOT MEANT TO SUFFER ANY CIVIL DISABILITIES. THEY ARE, THEREFORE, ENTITLED NOT ONLY TO ALL THE RIGHTS OF ADULT PRISONERS BUT TO THOSE RIGHTS POSSESSED BY NONCONFINED CHILDREN AS WELL, LIMITED ONLY BY THE RESTRICTIONS ABSOLUTELY NECESSARY FOR AND RATIONALLY RELATED TO THE PURPOSE OF CONFINEMENT: TREATMENT. THIS ANALYSIS BEGINS WITH A DISCUSSION OF POSTADJUDICATION LEGAL RIGHTS PERTAINING TO COMMITMENT, SUCH AS THE RIGHT TO CHALLENGE THE LEGALITY OF CONFINEMENT, THE RIGHT TO AN ATTORNEY, AND THE RIGHT TO PAROLE REVOCATION HEARING WITH COUNSEL. SECOND, IT DESCRIBES PROCEDURAL DUE PROCESS GUARANTEES WITHIN THE INSTITUTION, SUCH AS THE RIGHT TO NOTICE AND KNOWLEDGE OF WRITTEN RULES AND REGULATIONS, THE RIGHT TO BE FREE FROM ARBITRARY INSTITUTIONAL PUNISHMENT, AND THE RIGHT TO BE FREE FROM ARBITRARY TRANSFER. THIRD, IT ANALYZES THE RIGHT TO TREATMENT AND ITS COROLLARY, THE RIGHT NOT TO BE TREATED. NEXT, IT DELINEATES INDIVIDUAL AND PERSONAL RIGHTS SUCH AS THE RIGHT TO BE FREE FROM CRUEL AND UNUSUAL PUNISHMENT, THE RIGHT OF EXPRESSION AND CHOICE OF PERSONAL APPEARANCE, THE RIGHT TO WORSHIP OR NOT WORSHIP, THE RIGHT TO RECEIVE AND SEND UNCENSORED MAIL, THE RIGHT TO ADEQUATE COMPENSATION FOR WORK, AND THE RIGHT TO CONFIDENTIALITY OF TRAINING SCHOOL RECORDS. FINALLY, IT DISCUSSES CONFINEMENT PURSUANT TO FEDERAL ADJUDICATIONS. THE ARTICLE CONCLUDES WITH A SECTION ON CIRCUMSTANCES ESPECIALLY VULNERABLE TO LITIGATION. (AUTHOR ABSTRACT)