DELINQUENCY ADJUDICATIONS AGAINST JUVENILES

• NCJ Number: 47918
• Author(s): B J GEORGE; J M BRUNDAGE; T A CROXTON; P M ISENSTADT
• Date Published: 1978
• Length: 35 pages
• Sponsoring Agency: Webber Foundation; McGregor Fund; National Bank of Detroit
• Corporate Author: Citizens Research Council of Michigan
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America
• Note: CRIMINAL JUSTICE ISSUES SERIES

Annotation

THREE PAPERS ARE PRESENTED REGARDING THE STATUS OF YOUTHFUL DEFENDANTS IN JUVENILE AND ADULT CRIMINAL COURT PROCEEDINGS.

Abstract

THE FIRST ARTICLE IS A BACKGROUND PAPER ON DELINQUENCY ADJUDICATION, WITH SPECIAL ATTENTION GIVEN TO THE FOUNDING AND HISTORY OF THE JUVENILE COURT SYSTEM IN MICHIGAN. IT IS NOTED THAT, IN REACTION TO CRUELTIES INHERENT IN CONFINING JUVENILES BEFORE AND DURING TRIAL AND AFTER CONVICTION, SOMETIMES WITH HARDENED CRIMINALS, AMERICAN JURISDICTIONS DEVELOPED SPECIAL JUVENILE COURTS. THESE COURTS HAD JURISDICTION BASED ON AGE AND WERE EMPOWERED TO ADJUDICATE CHARGES OF DELINQUENCY. AS EARLY AS 1857, MICHIGAN RECOGNIZED THE NEED TO PROVIDE SPECIAL INSTITUTIONS FOR YOUNG PERSONS CHARGED WITH OR CONVICTED OF CRIMES, ALTHOUGH A COMPREHENSIVE LAW ESTABLISHING A JUVENILE JUSTICE SYSTEM IN THE STATE WAS NOT PASSED UNTIL 1905. THE STRUCTURE OF THE MICHIGAN JUVENILE JUSTICE SYSTEM IS DISCUSSED; RELEASE POLICIES AND CRITICISMS OF THE EXISTING SYSTEM ARE EXAMINED. THE SECOND ARTICLE DEALS WITH ARGUMENTS AGAINST THREE SPECIFIC REFORMS OF THE JUVENILE ADJUDICATION PROCESS. THE THREE ISSUES EXAMINED ARE: (1) THE REMOVAL OF JURISDICTION OVER STATUS OFFENSES FROM THE JURISDICTION OF THE JUVENILE COURT; (2) THE INCORPORATION OF THE JUVENILE COURT WITHIN A FAMILY COURT STRUCTURE; AND (3) THE AUTOMATIC WAIVER OF MINORS, 14 YEARS OF AGE OR OLDER AND CHARGED WITH COMMITTING SERIOUS FELONIES, TO THE ADULT CRIMINAL JUSTICE SYSTEM. THE THIRD ARTICLE DEALS WITH THE BREAKDOWN OF THE REHABILITATIVE PROCESS AS REGARDS JUVENILE OFFENDERS AND SUGGESTS ALTERNATIVE ADJUDICATION PROCEDURES FOR YOUTHFUL OFFENDERS CHARGED WITH SERIOUS OR VIOLENT FELONIES. IT IS ARGUED THAT THERE ARE TWO AREAS IN WHICH PROCEDURE MUST BE CHANGED THROUGH LEGISLATIVE ACTION: (1) MOST SERIOUS CRIMES OF VIOLENCE COMMITTED BY YOUTHS 15 YEARS OF AGE OR OLDER SHOULD BE REMOVED FROM THE JURISDICTION OF THE JUVENILE COURT; AND (2) THE PURVIEW OF THE JUVENILE COURT REGARDING REGULATION OF STATUS BEHAVIOR MUST BE REDUCED. ALTERNATIVE JUVENILE ADJUDICATION CONSIDERATIONS ARE EXAMINED, WITH ATTENTION TO LEGISLATION BEFORE THE MICHIGAN ASSEMBLY AND WAIVER TO THE ADULT CRIMINAL JUSTICE SYSTEM. FOR INDIVIDUAL PAPERS, SEE NCJ 47919-47921. (KBL)