NCJ Number
79275
Journal
Law Library Volume: 72 Issue: 1 Dated: (Winter 1979) Pages: 21-46
Date Published
1979
Length
26 pages
Annotation
Background information on the history and philosophy of the juvenile court, legislative and court decisions affecting juvenile justice, and efforts to establish uniform standards in juvenile justice are discussed.
Abstract
The juvenile court was established as a socialized court, which combined legal and social philosophy, in preference to a criminal court for juveniles. Court decisions maintained its legality by applying standards of fairness and due process according to traditional concepts rather than constitutional rights. Beginning with 'Kent,' U.S. Supreme Court decisions have changed the juvenile court to a constitutional court, using the 14th amendment and the Bill of Rights as the basis for due process requirements. These decisions have dealt primarily with adjudication. The effect on the entire judicial process, from preadjudication to disposition, is not fully known because the Supreme Court has not considered these issues, although lower courts have applied constitutional due process to such cases. Future court attention will be applied to substantive issues, such as the doctrines of void-for-vagueness, need for treatment, and the right to treatment once a child is committed for treatment. Other issues to be faced include the extent to which courts should have authority to intervene in children's and their families' lives and whether such intervention achieves the desired results. Related to the court's effectiveness and performance are the issues of whether courts will be given the resources from legislatures and local governments for adequate staff and facilities and whether actual practices in juvenile justice systems will conform to the constitutional requirements as expressed by the Supreme Court. Changes in the juvenile justice system will also come from statutory reforms rooted in public opinion. An extensive bibliography of over 100 works is divided into sections on guides to the literature, bibliographies, encyclopedias, looseleaf services, statistics, indexes and abstracts, periodicals, standards, monographs and articles, and handbooks and directories. Footnotes are included. (Author summary modified)