This Code Is Rated 'R' - Second-class Citizenship Under Indiana's New Juvenile Code

• NCJ Number: 76665
• Journal: Indiana Law Journal Volume: 54 Issue: 4 Dated: (1978-1979) Pages: 621-637
• Author(s): J R Kiefer
• Date Published: 1979
• Length: 17 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

Indiana's new Juvenile Code is assessed as being an improvement upon guaranteeing juveniles the due process rights guaranteed adults in the criminal justice system, while still falling short of the full equality of rights that accompany first-class citizenship.

Abstract

Over a decade ago the U.S. Supreme Court held that the Bill of Rights is not for adults only, but should be applied to the criminal justice processing of juveniles charged with delinquent acts that would be crimes if committed by adults. The new Indiana Juvenile Code which become effective on October 1, 1979, is a substantial improvement over the 1945 act that it replaces, both in terms of procedures and juvenile rights. The purposes and policies upon which the code is predicated reflect a compromise by the drafters and a recognition of the competing interests and diverse goals of the system. The code continues a policy, although in slightly different language, of providing juveniles with care, treatment, rehabilitation, or protection. The new code has three key provisions relating to the rights of those charged with delinquency. First, the code creates many statutory rights, some of which merely recite constitutional rights and others which fill a void in the provisions of due process. Second, the code mandates that juveniles advised of their rights throughout the system, not only by judge, but also by the probation officer. Finally, a waiver of rights section specifies the exclusive procedure for a juvenile to waive constitutional and statutory rights. The rights of juveniles are limited in comparison with adults in the area of pretrial detention, in that judges are permitted to detain juveniles if the court finds probable cause to believe that the detention is essential to protect the child or the community. This violates the fundamental right of presumption of innocence. A total of 85 footnotes are provided.