Can the Courts Fairly Account for the Diminished Competence and Culpability of Juveniles? A Judge's Perspective (From Youth on Trial: A Developmental Perspective on Juvenile Justice, P 403-434, 2000, Thomas Grisso and Robert G. Schwartz, eds. -- See NCJ-184852)

• NCJ Number: 184868
• Author(s): Gary L. Crippen
• Date Published: 2000
• Length: 32 pages
• Sale Source: University of Chicago Press
• Publication Format: Book (Hardbound)
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Based on a developmental view of adolescence, this chapter identifies the essential elements of justice for adolescent offenders in the juvenile courts, with attention to efforts in juvenile justice in Minnesota.

Abstract

This chapter also examines the rationale offered by those who argue that juvenile courts should be abolished. A discussion of the significant elements of juvenile justice and reform in Minnesota between 1994 and 1996 focuses on the use of counsel (ending unwise waivers and right to appeal); dispositions (standards, dispositional findings, appeal, and research); waivers/advisories; jury; and prehearing detention. The author concludes that there is no cause to abandon pursuit of the well-founded process and standards that make juvenile courts a suitable forum of justice for adolescent offenders. Reformers have defined new approaches that some legislators have implemented. This is especially evident with respect to the role of counsel in the juvenile court and the control of the court's dispositions. Those who would abolish the juvenile court offer no constructive, reasoned case for the prosecution of juvenile offenses in the criminal courts, due to the absence of research and analysis that can show the criminal courts have a better capacity to use the rule of law to further justice for juveniles. 53 references and 50 notes