NCJ Number
18721
Date Published
1974
Length
0 pages
Annotation
A FILM WHICH EXAMINES THE DIFFERENCES BETWEEN ADULT CRIMINAL PROCEDURES AND JUVENILE LAW, AND REVIEWS CONSTITUTIONAL ISSUES IN THE HANDLING OF JUVENILES.
Abstract
THE FILM OPENS WITH THE ARREST OF TWO BROTHERS, AGED FIFTEEN AND EIGHTEEN, FOR ARMED ROBBERY. THE OLDER BROTHER IS FINGERPRINTED, PHOTOGRAPHED, BRIEFLY QUESTIONED, AND QUICKLY RELEASED ON BAIL. THE YOUNGER, WHILE ALSO FINGERPRINTED, PHOTOGRAPHED, AND QUESTIONED, IS INSTEAD DETAINED WITHOUT BAIL IN THE JUVENILE HALL. AT THE DETENTION HEARING A FEW DAYS LATER, IT IS DECIDED THAT HE SHOULD REMAIN IN CUSTODY UNTIL HIS TRIAL, SCHEDULED TO TAKE PLACE IN TWO WEEKS. IN THIS MANNER, THE FUNDAMENTAL ASPECTS OF JUVENILE LAW - THE EMPHASIS ON NON-CRIMINAL, INFORMAL PROCEEDINGS, THE EFFORT TO TREAT RATHER THAN PUNISH, SPEEDY HANDLING OF CASES, AND THE PARENTAL ROLE OF THE STATE IN DEALING WITH JUVENILES ARE DEMONSTRATED. ONCE DENIED BAIL, THE COUNSEL FOR THE YOUNGER BROTHER PETITIONS FOR A WRIT OF HABEAS CORPUS. IN THE LAWYERS' ARGUMENTS, CONSTITUTIONAL ISSUES ON THE RIGHTS OF JUVENILES, SUCH AS THE RIGHT TO A JURY TRIAL, THE RIGHT TO COUNSEL, PROCEDURAL DUE PROCESS GUARANTEES, AND THE ISSUE OF BAIL FOR JUVENILES ARE REVIEWED. TWO MODELS OF THE JUVENILE JUSTICE SYSTEM ARE OUTLINED - THE PARENS PATRIE MODEL IN WHICH INFORMAL PROCEDURES ARE JUSTIFIED BY THE CONCERN FOR THE BEST INTERESTS OF THE JUVENILE, AND THE DUE PROCESS MODEL, IN WHICH CONSTITUTIONAL RIGHTS ARE GUARANTEED. THE FILM IS OPENENDED, LEAVING THE VIEWER TO DECIDE THE RELATIVE MERITS OF EACH MODEL. (SNI ABSTRACT)