NCJ Number
67696
Date Published
1978
Length
0 pages
Annotation
ISSUES RELATED TO COURT PROCEDURES FOR DEALING WITH JUVENILE DESIGNATED FELONIES AND THE DESIRABILITY OR DISADVANTAGES FOR THE JUVENILE INVOLVED OF CHOOSING A JURY TRIAL ARE DISCUSSED FROM A JUDGE'S PERSPECTIVE.
Abstract
PART OF AN AUDIOCASSETTE SERIES CONTAINING THE PROCEEDINGS OF THE 1978 JUVENILE JUSTICE NATIONAL CONFERENCE, THIS IS AN EXAMINATION OF THE LEGAL, JUDICIAL, AND CONSTITUTIONAL ASPECTS OF TRIALS INVOLVING YOUTHS ACCUSED OF JUVENILE DESIGNATED FELONIES. JURY TRIALS ARE THE BEST WAY OF ENSURING THAT JUVENILE DEFENDANTS ARE GUARANTEED DUE PROCESS. IN RESPONSE TO A POSSIBLE OBJECTION, THE STATEMENT IS MADE THAT JUVENILE TRIALS BY JURY DO NOT CLOG THE COURTS. THE CONTRADICTIONS INHERENT IN THE SENTENCING AND DISPOSITION OF A JUVENILE TRIAL CASE (PUNISHMENT AND REHABILITATION OBJECTIVES) ARE CITED. THE BENEFITS OF COURT JURISDICTION FOR A JUVENILE OFFENDER ARE DESCRIBED (PROVIDING TREATMENT, CARE, AND COUNSELING SERVICES, ROUTINELY AVAILABLE TO ADULT OFFENDERS). ON THE OTHER HAND, FACED WITH THE EXTREME DIFFICULTY OF PROVING A JUVENILE'S GUILT BEYOND A REASONABLE DOUBT, UNLESS THE DEFENDANT COOPERATES FULLY, AN ALTERNATIVE CAN BE CHOSEN. A CONSENT DECREE PLACES A JUVENILE ON 6-MONTHS' PROBATION, WITHOUT REQUIRING THE SUSPECT'S ADMISSION OF GUILT OR A TRIAL. IF THE YOUNG PERSON AND HIS OR HER PARENTS CONSENT TO THIS ALTERNATIVE, ONLY AN ARREST RECORD WILL BE LEFT IN THE JUVENILE'S HISTORY. OTHER ISSUES DISCUSSED INCLUDE THE DESIRABILITY OF HAVING JUVENILE DEFENDANTS CHOOSE BETWEEN A JURY TRIAL AND CONFIDENTIAL HEARINGS TO A CONSENT DECREE, IF THEY UNDERSTAND THEIR RIGHTS AND THE LEGAL ASPECTS OF EACH ALTERNATIVE; AND THE POSSIBILITY THAT JUVENILE COURTS MAY BE ABOLISHED (ALTHOUGH THE SUPREME COURT HAS RULED THAT, AT LEAST FOR THE TIME BEING, THEY SHOULD BE RETAINED), REFERRING ALL JUVENILE CASES TO ADULT COURTS. THE HOPE IS EXPRESSED THAT JUVENILE COURTS, WHOSE PURPOSES ARE DIFFERENT FROM THOSE OF ADULT COURTS, WILL CONTINUE TO OPERATE. NO WRITTEN TEXT IS PROVIDED WITH THE CASSETTES. FOR RELATED TOPICS, SEE NCJ 67692.