DELINQUENCY DISPOSITIONS UNDER THE JUVENILE JUSTICE STANDARDS - THE CONSEQUENCES OF A CHANGE OF RATIONALE

• NCJ Number: 47258
• Journal: New York University Law Review Volume: 52 Issue: 5 Dated: (NOVEMBER 1977) Pages: 1093-1119
• Author(s): F B MCCARTHY
• Date Published: 1977
• Length: 27 pages
• Corporate Author: New York University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

PROPOSED STANDARDS REGARDING THE DISPOSITION OF JUVENILE DELINQUENCY CASES ARE EXAMINED, AND THE POSSIBILITY THAT JURISDICTION OVER DELINQUENTS SHOULD BE TRANSFERRED FROM JUVENILE COURT TO ADULT CRIMINAL COURT IS CONSIDERED.

Abstract

THE DISCUSSION REFERS TO THE STANDARDS ON DISPOSITIONS, DISPOSITIONAL PROCEDURES, AND JUVENILE DELINQUENCY AND SANCTIONS PROPOSED BY THE INSTITUTE OF JUDICIAL ADMINISTRATION AND AMERICAN BAR ASSOCIATION JOINT COMMISSION ON JUVENILE JUSTICE STANDARDS. THE STANDARDS REJECT THE REHABILITATIVE MODEL OF JUVENILE JUSTICE, MAKING CRIMINAL LAW AND PROCEDURES THE CORNERSTONES OF A NEW RELATIONSHIP BETWEEN THE CHILD AND THE STATE. THE STANDARDS ADVOCATE AS THE PRINCIPAL AIM OF THE JUVENILE JUSTICE SYSTEM THE EFFECTIVE PUNISHMENT OF JUVENILES WHO ENDANGER PUBLIC SAFETY. RECOGNIZING THAT THE JUVENILE'S LIBERTY IS AT STAKE IN THE DISPOSITIONAL PROCESS, THE STANDARDS RECOMMEND A WIDE RANGE OF PROCEDURAL PROTECTIONS. IT IS POINTED OUT THAT DISPOSITION OF JUVENILE DELINQUENTS IS THE SAGE OF THE JUVENILE JUSTICE PROCESS AT WHICH THE CONFLICT BETWEEN THOSE ENDORSING A CONTINUATION OF THE COURT'S TRADITIONAL ROLE AS PARENS PATRIAE AND THOSE ADVOCATING A SHIFT TOWARD THE AIMS OF THE CRIMINAL JUSTICE SYSTEM IS MOST APPARENT. THE EVOLUTION OF THE JUVENILE COURTS TOWARD A MODEL REFLECTING THE PURPOSES OF ADULT COURTS IS TRACED. MAJOR CHANGES RECOMMENDED IN THE PROPOSED STANDARDS ARE REVIEWED, WITH EMPHASIS ON TWO FEATURES -- THOSE INVOLVING THE ROLES OF THE JUVENILE COURT JUDGE AND OF THE PROSECUTOR -- SAID TO EPITOMIZE THE DRIFT TOWARD THE CRIMINAL JUSICE MODEL. IT IS NOTED THAT THE STANDARDS IMPLY, BUT FALL SHORT OF CONCLUDING THAT JUVENILE COURTS NO LONGER SHOULD POSSESS JURISDICTION OVER CHILDREN WHO COMMIT CRIMINAL ACTS. IN EFFECT, THE STANDARDS LEAVE DELINQUENCY CASES IN A COURT SYSTEM WHOSE OTHER CONCERNS -- RUNAWAY AND ABUSE AND NEGLECT CASES -- ARE FUNDAMENTALLY DIFFERENT. (AUTHOR ABSTRACT MODIFIED--LKM) MODIFIED--LKM)