NCJ Number
173353
Journal
Journal of Criminal Law and Criminology Volume: 88 Issue: 1 Dated: Fall 1997 Pages: 190-241
Date Published
1997
Length
52 pages
Annotation
Based upon his observations and experiences as a lawyer who represents children charged with crimes in juvenile court, the author argues that the juvenile court and the juvenile justice system, including community-based support programs for children and families, should be retained after being reinvigorated with both financial and human resources.
Abstract
The author's observations and conclusions are first given an empirical context through the description of a juvenile case that highlights the competing interests and tensions involved in deciding whether children should be tried in juvenile or criminal court. The paper then describes and addresses the uncertainties that cause many to question whether juvenile courts have a future. This is followed by a discussion of the reasons for believing that juvenile courts can and should be revitalized to address the concerns of critics and why the adult criminal justice system will not "do justice" for children. Finally, the author profiles an admittedly imprecise vision of what juvenile courts of the future might be like, taking into account current failures, successes, and new challenges. He argues that the best ideas for the revitalization of the court to meet new challenges are most likely to come from the lawyers who represent children. He further notes that juvenile courts must meet realistic expectations if they are to achieve their distinctive usefulness. This involves providing fair, impartial, and informed adjudications and case dispositions; the lawyers who practice in juvenile courts must be both generalists and specialists; and treatment and rehabilitation services must function properly. 112 footnotes