NCJ Number
67682
Date Published
1977
Length
0 pages
Annotation
THESE CASSETTE TAPES INCLUDE SPEECHES BY JUVENILE COURT JUDGES AND OTHER OFFICIALS IN THE JUVENILE JUSTICE SYSTEM DEALING WITH THE MOST CONTROVERSIAL ISSUES IN JUVENILE JUSTICE.
Abstract
THE FIRST ISSUE INVOLVES THE CONFLICT BETWEEN JUDICIAL DISCRETION AND MANDATORY SENTENCING. JUDICIAL DISCRETION ADVOCATES RECOGNIZE INDIVIDUALIZED TREATMENT OF JUVENILES, DISCRETION OF POLICE, CORRECTIONS OFFICIALS, AND PROSECUTORS; AND PLEA BARGAINING. ALSO, JUDGES CAN MONITOR WHAT IS DONE AFTER SENTENCING. THE OTHER SIDE WANTS LESS DISPARITY ON SENTENCING SIMILAR CASES, MORE EFFECTIVE CRIME DETERRENCE, AND MORE IMPRISONMENT FOR SERIOUS CRIMES. THE SECOND ISSUE DEALS WITH THE PROSECUTOR'S RESPONSIBILITY TO BE ACCOUNTABLE FOR DEFENDANTS BEFORE, DURING, AND AFTER TRIAL BY FOLLOWING INDIVIDUALS THROUGH ALL ASPECTS OF THE JUVENILE JUSTICE SYSTEM. THE THIRD ISSUE IS THAT OF THE PARENS PATRIAE-DUE PROCESS CONFLICT. PARENS PATRIAE ACTS IN THE BEST INTEREST OF THE CHILD, WHILE DUE PROCESS ACTS IN THE BEST INTEREST OF THE COMMUNITY. MOST FEEL THAT A COMBINATION OF THE TWO WILL PROVIDE THE MOST EFFECTIVE JUDICIAL PROCESS. THE FOURTH ISSUE INVOLVES THE CONFLICT THAT ARISES WHEN DEALING WITH RIGHTS OF BOTH THE CHILD AND THE PARENTS, WHILE FOCUSING ON THE PROBLEMS OF A PURE PARENS PATRIAE PHILOSOPHY. NEXT, THE PROPER ROLES AND RESPONSIBILITIES OF PROSECUTORS, JUDGES, AND DEFENSE ATTORNEYS ARE PRESENTED WITH MAJOR EMPHASIS ON EVIDENTIARY PROCEDURES. A DISCUSSION OF THE DEVELOPMENT OF JUVENILE JUSTICE INFORMATION SYSTEMS IS ALSO PRESENTED AS TOOLS FOR EFFICIENT JUDICIAL MANAGEMENT AND PROCEDURE. THE NEXT TOPIC IS THE MAJOR RECOMMENDATIONS OF THE JUVENILE JUSTICE STANDARDS. OBJECTIONS RAISED AGAINST THESE STANDARDS ARE REDUCED DISCRETION AND ELIMINATION OF DEFENDANTS' SOCIAL HISTORIES REVIEW. ANOTHER SUBJECT DEALS WITH THE PORTLAND, OREGON JUVENILE IN PLACEMENT PROJECT, WHICH ENSURES PERMANENT PLANNING FOR CHILDREN REMOVED FROM THEIR PARENTS. FINALLY, DISCUSSIONS ARE PRESENTED ON THE CONFLICT THAT ARISES BETWEEN THE NEED TO DISCOVER CHILD ABUSE AND NEGLECT CASES AND THE RIGHTS OF FAMILY PRIVACY.