DUE PROCESS - REALITY OR MYTH? (FROM INTRODUCTION TO JUVENILE DELINQUENCY - TEXT AND READINGS, 1978 BY P F CROMWELL, JR., G G KILLINGER, R C SARRI, AND H M SOLOMON - SEE NCJ-45572)

• NCJ Number: 45575
• Author(s): M SOSIN; R C SARRI
• Date Published: 1978
• Length: 30 pages
• Corporate Author: West Publishing Co
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

A NATIONAL SURVEY REPORTS THAT IMPLEMENTAION OF DUE PROCESS IN JUVENILE COURTS HAS CHANGED LITTLE IN SPITE OF SUPREME COURT RULINGS, AND MOST COMPLIANCE IS FORMAL.

Abstract

DESPITE THE FLURRY OF LEGISLATIVE REFORM WHICH FOLLOWED THE U.S. SUPREME COURT DECISIONS OF KENT V. UNITED STATES, GAULT V. UNITED STATES, AND WINSHIP V. UNITED STATES, ACTUAL JUVENILE COURT PROCEDURES HAVE CHANGED BUT LITTLE, ACCORDING TO SEVERAL NATIONAL SURVEYS. AS WAS TRUE BEFORE THE FIRST DUE PROCESS DECISION IN 1976, RESPECT FOR THE RIGHTS OF THE JUVENILE DEPENDS UPON THE PHILOSOPHY OF THE PRESIDING JUDGE. THIS PARTICULAR SURVEY OF 274 JUVENILE COURTS IN MAJOR U.S. CITIES FOUND 90 TO 98 PERCENT COMPLIED WITH FORMAL REQUIREMENTS -WRITTEN NOTICE OF CHARGES, RIGHT TO COUNSEL AT ADJUDICATION, THE CRITERION OF PROOF BEYOND REASONABLE DOUBT, AND FORMAL HEARINGS FOR SENTENCING OR PROBATION REVOCATION. THE NUMBER OF COURTS ADOPTING FORMAL COMPLIANCE PROCEDURES FOR DUE PROCESS SAFEGUARDS FOR HEARINGS, TRANSCRIPTS, AND BAIL VARIED, BETWEEN 35 PERCENT AND 99 PERCENT. SUBSTANTIVE COMPLIANCE WAS LESS WIDESPREAD. WHILE 75 PERCENT SAID PROBATION REPORTS WERE ALWAYS OPEN TO CHALLENGE, JUDGES REVIEWED PROBATION CASES ROUTINELY IN ONLY 45 PERCENT, AND PARENTS HAD ACCESS TO THE SOCIAL FILE IN 27 PERCENT. THE SURVEY ALSO FOUND DUE PROCESS HAS A SIGNIFICANT CORRELATION TO DISPOSITIONAL OUTCOMES. GREATER ADHERANCE TO FORMAL PROCEDURES REDUCES THE LIKELIHOOD OF COMMITMENT. HOWEVER, THERE IS NO RELATION BETWEEN IMPLEMENTATION OF COURT PROCEDURES AND THE NUMBER OF DIFFERENT PROGRAMS THAT ARE AVAILABLE FOR TREATMENT. GREATER PARTICIPATION BY LAWYERS HAS BEEN THE BIGGEST RESULT OF DUE PROCESS. THESE PROCEDURES SEEM TO MAKE LIMITED DIFFERENCES IN THE OPERATION OF THE COURT ON THE WHOLE, BUT THESE DIFFERENCES ARE ALMOST ALWAYS IN THE DIRECTION OF MORE FAIR PROCESS FOR CHILDREN. THE ISSUES SURROUNDING THE ROLE OF THE ATTORNEY ARE CRUCIAL. INCREASED ACTIVE INVOLVEMENT BY LAWYERS, AS OPPOSED TO MERE FORMAL REPRESENTATION, IS SEEN AS ESSENTIAL TO SECURE GREATER PROTECTION OF JUVENILE RIGHTS IN COURT. (GLR)