NCJ Number
76921
Date Published
1979
Length
40 pages
Annotation
A symposium presentation and subsequent discussion focus on plea negotiations and other aspects of adjudication in the juvenile justice system and compare three proposed sets of standards on the subject.
Abstract
The proposed standards are those of the Joint Commission of the Institute for Judicial Administration/American Bar Association (IJA/ABA), the National Advisory Committee for Juvenile Justice and Delinquency Prevention (NAC), and the Task Force on Juvenile Justice and Delinquency Prevention (Task Force). The standards vary significantly with respect to the range of subjects included under the category of adjudication. While the adjudication chapter of the Task Force volume focuses primarily on the factfinding hearing, the NAC adjudication standards range from the jurisdiction and organization of the family court to disposition and appeal. The IJA/ABA standards fall between these two extremes. Both the Task Force and NAC recommend the elimination of plea bargaining from delinquency proceedings on the grounds that it is detrimental to the fairness and effectiveness of the juvenile justice process. The IJA/ABA standards, on the other hand, provide a choice. The primary standards recognize plea bargaining's existence in juvenile proceedings, concede its legitimacy, and seek to regulate it as is done in criminal justice standards. Alternative standards provide measures for prohibiting plea bargaining. Thus, the three sets of standards are not necessarily in conflict. The subsequent discussion focuses on three issues: whether to permit plea bargaining in delinquency proceedings, the role of the judge if plea bargaining is permitted, and whether plea bargaining should cover the disposition or only the charge.