NCJ Number
62089
Journal
CHILDREN'S RIGHTS REPORT Volume: 2 Issue: 8 Dated: (MAY 1978) Pages: 2-7
Date Published
1978
Length
7 pages
Annotation
BASIC FLAWS INHERENT IN THE INDETERMINATE SENTENCING OF JUVENILE OFFENDERS ARE DISCUSSED; THE THERAPEUTIC MODEL AND SUGGESTED ALTERNATIVES ARE EMPHASIZED.
Abstract
JUVENILE COURT PHILOSOPHY FOCUSES ON THE PERSONAL CONDITION AND SOCIAL SITUATION OF THE CHILD. IN DOING SO, JUVENILE LAW MORE CLOSELY RESEMBLES THERAPEUTIC CIVIL COMMITMENT LAW THAN CRIMINAL LAW. STATUTORY GUIDES FOR THE SELECTION OF DISPOSITIONS AND FOR THE CONDUCT OF DISPOSITIONAL PROCEEDINGS ARE VIRTUALLY NONEXISTENT. THE 'BEST INTERESTS OF THE CHILD' AND 'THE PROTECTION OF THE COMMUNITY' REPRESENT THE MOST FREQUENTLY USED STATUTORY LANGUAGE, AND THESE ARE SO BROAD AND INHERENTLY CONTRADICTORY AS TO BE TOTALLY INEFFECTIVE. CURRENTLY THE TREATMENT/REHABILITATION IDEAL, UPON WHICH THE JUVENILE JUSTICE SYSTEM IS BASED, IS UNDER LEGITIMATE ATTACK. EFFORTS TO FACILITATE INDIVIDUAL CHANGE CANNOT BE BASED ON THE ASSUMPTION THAT AN ACT OF DELINQUENCY IS PATHOLOGICAL IN ORIGIN AND THAT WHATEVER EFFORTS ARE MADE MUST BE LIMITED TO THE PRINCIPLES OF LAW AND SIMULTANEOUSLY GUIDED BY THE PRINCIPLE OF VOLUNTARINESS. REMOVAL OF THE TREATMENT RATIONALE DOES NOT DESTROY THE RATIONALE FOR A SEPARATE SYSTEM OR FOR THE UTILIZATION OF AN AMELIORATIVE APPROACH. IT DOES, HOWEVER, REQUIRE A RATIONALE ENCOMPASSING REDUCTION OF DISCRETION AND DISPARITY, ACHIEVEMENT OF IMPARTIALITY AND EQUITY, OBJECTIVENESS, CONSIDERED IN AND ELIMINATION OF THE PROSPECT OF COERCION. FURTHER, IT IS RECOMMENDED THAT MODIFIED, FIXED SENTENCES FOR YOUTHFUL OFFENDERS WHO COMMIT FELONIES OR SERIOUS OFFENSES AGAINST PERSONS OR PROPERTY BE ADOPTED. TRAINING AND INDUSTRIAL SCHOOLS SHOULD BE CLOSED AND RESIDENTIAL FACILITIES WITH VARYING LEVELS OF SECURITY SHOULD BE ESTABLISHED. A FOOTNOTE IS INCLUDED IN THE ARTICLE.