NCJ Number
74738
Date Published
1980
Length
389 pages
Annotation
This manual for juvenile justice reform advocates focuses on legal challenges to the unlawful jailing, detention, and institutionalization of children.
Abstract
Reforms are viewed as necessary because the juvenile justice system has failed to produce its promised results. Children are still placed in adult jails; punishment, isolation, abuse, and neglect are the hallmarks of institutional life, rather than solicitous care and treatment; and status ofenders are still treated as criminals in a majority of States. To remedy this situation, the constitutional and statutory bases for litigation, relevant case law, litigative devices, and strategy considerations are set forth for the reference of both advocates with no formal legal training and attorneys new to the juvenile justice field. State statutory citations are current as of September 1980 and reflect enacted legislation published in State codes and code supplements. Introductory chapters present an overview of legal arguments available to challenge the incarceration of children in adult jails and the confinement of status offenders in secure juvenile facilities. Issues such as cruel and unusual punishment and constitutional due process are considered, as are Federal and State statutory claims. Further chapters discuss intake, detention, and disposition matters and give special attention to the right to a probable cause determination. Others are concerned with children in jails, status offenders, and conditions of confinement. Tactical considerations and limitations of Federal court jurisdiction are dealt with in concluding chapters. Chapter notes are provided. For the appendix to this document, see NCJ 74739.