NCJ Number
56085
Journal
Juvenile Justice Volume: 28 Issue: 4 Dated: (NOVEMBER 1977) Pages: 9-14
Date Published
1977
Length
6 pages
Annotation
FAMILY COURT HEARINGS, DISPOSITIONS, AND ADMINISTRATION ARE DISCUSSED.
Abstract
FAMILY COURTS HAVE THE ROLE OF SUPPORTING AND MAINTAINING THE FAMILY IN THE MIDST OF FAMILY CIRCUMSTANCES THAT HAVE INVOLVED THE FAMILY IN COURT PROCEEDINGS; AND, WHERE APPROPRIATE, THE COURT MUST ASSURE THE ORDERLY SEVERANCE OF A FAMILY STRUCTURE. WHILE A FAMILY COURT SYSTEM MAY BE BASED ON A 'HELPING' RATHER THAN A 'PUNITIVE' PHILOSOPHY, THIS DOES NOT ENTITLE IT TO IGNORE THE CONSTITUTIONAL, ADVERSARIAL REQUIREMENTS OF FACT-FINDING WHICH GUARANTEE THE RIGHTS OF ANY PERSON CHARGED WITH A VIOLATION OF THE LAW. ALSO, THE COURT'S INTEREST IN THE INDIVIDUAL'S WELFARE SHOULD NEVER BECOME A SUBJECTIVE EXERCISE UNBALANCED BY THE COMMUNITY'S INTERESTS. IN THE DISPOSITION OF CASES, THE HELP THAT CAN BE PROVIDED BY FAMILY COURTS IS ONLY AS GOOD AS THE CORRECTIONAL AND COMMUNITY SERVICES AVAILABLE FOR USE BY THE COURTS. IT IS THE RESPONSIBILITY OF THE COURTS TO KNOW THE VARIETY OF SERVICES AVAILABLE FOR COURT USE AND THEIR OBJECTIVES AND EFFECTIVENESS. THE COURT SHOULD ALSO MONITOR THE SERVICES PERFORMED FOR EACH INDIVIDUAL PROCESSED TO ASSURE THAT THE COURT'S INTENTIONS IN ITS DISPOSITION ARE BEING REALIZED. ORGANIZATIONALLY, A FAMILY COURT SHOULD HAVE A CHIEF ADMINISTRATIVE JUDGE WHO HAS RESPONSIBILITY FOR COURT OPERATIONS AND IS RESPONSIBLE EITHER TO THE CHIEF JUDGE OF THE CIRCUIT, IF THE FAMILY COURT IS A DIVISION OF THAT COURT, OR TO THE CHIEF JUSTICE OF THE HIGHEST STATE COURT. THE COURT ADMINISTRATION SHOULD BE STREAMLINED, WITH STAFF HAVING NO UNNECESSARY DUTIES AND WITH RESPONSIBILITIES BEING CLEARLY DEFINED FOR EACH LEVEL OF AUTHORITY. THE COURT INFORMATION SYSTEM SHOULD SUPPLY THE JUDGE WITH DATA ON THE DEFENDANT'S PAST RECORD AT THE PRELIMINARY HEARING STAGE; AT THE DISPOSITIONAL STAGE, EACH JUDGE SHOULD BE AWARE OF THE PATTERN OF OTHER DISPOSITIONS FOR SIMILAR OFFENSES. COMPUTERS CAN HELP ORGANIZE AND SUPPLY THE FOREGOING TYPES OF INFORMATION AND ALSO HELP TO MONITOR THE PROCESSING OF CASES. (RCB)