JUVENILE JUSTICE ADVOCACY - PRACTICE IN A UNIQUE COURT

• NCJ Number: 19171
• Author(s): D J BESHAROV
• Date Published: 1974
• Length: 582 pages
• Sale Source: Practicing Law Institute
• Language: English
• Country: United States of America
• Note: CRIMINAL URBAN LAW PRACTICE HANDBOOK SERIES NUMBER 4

Annotation

DESCRIBES THE JUVENILE JUSTICE SYSTEM AS A PROCESS OF DECISION AND EXPLAINS THE WAY A PARTICIPANT CAN AFFECT THE PROCESS OF DECISION THROUGH ADVOCACY, BOTH FORMAL AND INFORMAL.

Abstract

JUVENILE JUSTICE ADVOCACY DESCRIBES WHAT HAS BECOME OF THE JUVENILE COURT SYSTEM SINCE THE U.S. SUPREME COURT'S LANDMARK GAULT DECISION. IT ANALYZES LEGAL DEVELOPMENTS SINCE THEN, CATALOGUES STATUTORY CHANGES AND NEW JUDICIAL DECISIONS, AND HIGHLIGHTS LEGAL DOCTRINES WHICH ARE LIKELY TO BE SUCCESSFULLY INVOKED IN JUVENILE COURT LITIGATION. THE AUTHOR ATTEMPTS TO DESCRIBE THE JUVENILE JUSTICE SYSTEM AS A PROCESS OF DECISION AND EXPLAINS THE WAY A PARTICIPANT CAN AFFECT THAT PROCESS THROUGH ADVOCACY, BOTH FORMAL AND INFORMAL. HE BEGINS BY DISCUSSING THE HISTORICAL ORIGINS OF THE JUVENILE COURT SYSTEM, THE FAILURE OF THE JUVENILE COURT IDEAL, AND THE EFFECT OF SUPREME COURT REVIEW. GENERAL INFORMATION IS THEN PRESENTED ON THE JUVENILE JUSTICE SYSTEM: DEALING WITH THE SYSTEM AS A SEQUENCE OF DECISIONS, FACTORS IN THE DECISION-MAKING PROCESS AND THE PROCESS OF PREDICTIVE CATEGORIZATION. ATTENTION IS THEN DEVOTED TO THE GENERAL PRINCIPLES OF ADVOCACY, WHICH REFERS TO THE PROCESS OF INTERACTION OR INFLUENCING THE DECISIONS OF OTHERS. COMMENTS ARE MADE ON THE ROLE OF ADVOCACY, PROSECUTION ADVOCACY, THE CONFLICT OVER COUNSEL'S ROLE, AND SOME SKILLS AND TECHNIQUES OF ADVOCACY. THE AUTHOR THEN FOCUSES ON THE POLICE, THE SCHOOLS, AND THE CHILD PROTECTIVE AGENCIES. THE REMAINDER OF THE DOCUMENT IS CONCERNED WITH THE JUVENILE COURT. A DISCUSSION OF COURT INTAKE AND ADJUSTMENT COVERS THE JUVENILE PROBATION OFFICE, ADVOCACY WITHIN THE INTAKE AND ADJUSTMENT PROCESS, OTHER RESPONSIBILITIES OF THE INTAKE SERVICE, AND YOUTH SERVICE BUREAUS. JUVENILE COURT JURISDICTION, THE PETITION, THE DECISION TO PROSECUTE, AND ESCAPING FORMAL COURT ACTION ARE EXAMINED IN A SECTION ON THE EARLY STAGES OF JUVENILE COURT PROCESSING. ALSO INCLUDED ARE CASE PREPARATION, NOTICE OF CHARGES, ARRAIGNMENTS, DETENTION PROCEEDINGS, HANDLING PRELIMINARY HEARINGS, AND PACING THE CASE. OTHER TOPICS COVERED IN THE DOCUMENT ARE TRANSFER OR WAIVER TO THE CRIMINAL COURTS, JUVENILE COURT MOTION PRACTICE, NEGOTIATIONS AND THE PLEA BARGAIN, JUVENILE COURT TRIAL ADVOCACY, AND THE DISPOSITIONAL OR SENTENCING STAGE. APPENDED MATERIAL PRESENTS TABLES LISTING CASES AND STATUTES CITED IN THE TEXT AND A DISCUSSION OF 'KIDS AND DRUGS'. (SNI ABSTRACT)