NCJ Number
104812
Journal
Juvenile and Family Court Journal Volume: 37 Issue: 5 Dated: (1986) Pages: 43-50
Date Published
1986
Length
8 pages
Annotation
The best interests of children are maintained and furthered by protecting their due process rights, especially in delinquency proceedings; these rights have been eroded through recent legislation and court decisions.
Abstract
Over the years, advances in juveniles' right to due process and individualized treatment have been made, particularly under the Warren Supreme Court, but these rights have recently been undermined. In many States, juveniles have been increasingly incarcerated even as delinquency rates have declined. Juvenile reform legislation now calls for more mandatory and determinate sentencing for juveniles, lowering of the upper age of juvenile jurisdiction, greater ease in obtaining waivers to adult court for juvenile prosecution, and greater access to juvenile records. Recent U.S. Supreme Court decisions regarding the due process rights of juveniles have reflected this trend. As public opinion becomes more punitive toward juveniles and government response reflects this opinion, more juveniles will be judicially processed for offenses that would previously have been diverted. This warrants an increase in the number and kind of judicial and legislative protections for juveniles. There should be increased use of a guardian ad litem and defense counsel for all juvenile proceedings. The guardian ad litem is free to advocate in the child's best interest without confusing that role with the legal representation of the child. 48 notes.