NCJ Number
58745
Date Published
1978
Length
160 pages
Annotation
STATE LAWS AFFECTING THE RIGHTS OF JUVENILES IN THE JUSTICE SYSTEM ARE DEFINED IN THIS REPORT IN RELATION TO JURISDICTION, THE PREJUDICIAL PROCESS (POLICE INQUIRY), WAIVER OF JURISDICTION, ADJUDICATION, AND DISPOSITION.
Abstract
RIGHTS OF JUVENILES, AS ARTICULATED IN VARIOUS STATUTES, CONCERN AGE JURISDICTION, JURISDICTION OVER CONDUCT (NEGLECT AND DEPRIVATION), CHILDREN IN NEED OF SUPERVISION, JUVENILE DELINQUENCY, PROSECUTORIAL DISCRETION, AND OTHER LIMITATIONS ON JURISDICTION (DISCRETIONARY TRANSFER FROM A CRIMINAL COURT AND DIFFERENTIAL AGE JURISDICTION), AND CONCURRENT JURISDICTION. POLICE INVESTIGATION PROCEDURES INVOLVE TAKING A JUVENILE INTO CUSTODY, SEARCH AND SEIZURE REQUIREMENTS, THE IN 'LOCO PARENTIS' DOCTRINE, POSTCUSTODY RELEASE, AND THE APPLICATION OF THE MIRANDA DOCTRINE TO JUVENILE PROCEEDINGS. CONSIDERATION IS GIVEN TO WAIVER HEARINGS AND DUE PROCESS REQUIREMENTS, WAIVER STANDARDS, ADJUDICATORY HEARINGS, RIGHT TO COUNSEL, RIGHT TO A JURY TRIAL, BURDEN OF PROOF, RULES OF EVIDENCE, CONFRONTATION AND CROSS-EXAMINATION, CORROBORATION OF CONFESSIONS, DOUBLE JEOPARDY, PROCEDURES IN DISPOSITION HEARINGS, AVAILABLE DISPOSITIONS FOR DELINQUENT YOUTH AND CHILDREN IN NEED OF SUPERVISION, AVAILABLE DISPOSITIONS FOR ABANDONED AND NEGLECTED CHILDREN, COMMITMENT DURATION, AND POSTDISPOSITION AND RIGHT TO TREATMENT. SELECTED STATE STATUTES AND RELEVANT CASE LAW ARE LISTED IN APPENDIXES. (DEP)