NCJ Number
19167
Date Published
1974
Length
614 pages
Annotation
A COMPREHENSIVE GUIDE TO THE ISSUES, POINTS OF LAW, AND POSSIBLE DEFENSE STRATEGIES INVOLVED IN THE PROCESSES OF THE JUVENILE JUSTICE SYSTEM.
Abstract
PRESENTED IN LOOSE LEAF FORM, IT IS DIVIDED INTO SEVENTEEN SECTIONS EACH DEALING WITH A MAJOR CONCERN OF JUVENILE LAW. AS BACKGROUND INFORMATION, THE HISTORY OF THE JUVENILE COURT ARE EXAMINED FROM ITS ORIGINS IN THE EARLY 19TH CENTURY TO THE CURRENT 'DUE PROCESS REVOLUTION'. AN OVERVIEW OF JURISDICTIONAL ASPECTS OF THE JUVENILE COURT, INCLUDING THE BASES FOR THE EXERCISE OF COURT JURISDICTION, THE ARGUMENTS THAT MAY BE USED FOR CHALLENGING JUVENILE STATUTES ON VAGUENESS GROUNDS, AGE LIMITS, AND QUESTIONS OF VENUE, IS PROVIDED. THE ROLE OF COUNSEL IN JUVENILE COURT IS EXTENSIVELY ANALYZED AND AN OUTLINE OF THE RIGHT TO COUNSEL AT EACH STATE OF THE JUVENILE COURT PROCESS IS PRESENTED. THE POWER OF A POLICE OFFICER OR OTHER PERSON TO TAKE A CHILD INTO CUSTODY AND THE RIGHTS OF THE CHILD WHICH ARISE ONCE HE HAS BEEN TAKEN INTO CUSTODY ARE REVIEWED. THE PROBLEM OF CONFESSIONS AND INCRIMINATING STATEMENTS MADE BY JUVENILES IS THEN EXPLORED. MOST OF THIS DISCUSSION IS GEARED TOWARD EXCLUDING THE CONFESSIONS OR STATEMENTS FROM CONSIDERATION AT AN ADJUDICATORY HEARING OR AT A TRIAL FOLLOWING A TRANSFER OF THE CASE TO CRIMINAL COURT. OTHER TOPICS INCLUDED IN THIS GUIDE ARE: APPLICATIONS OF THE SEARCH AND SEIZURE LAW TO JUVENILE CASES; THE SAFEGUARDS TO THE ACCUSED CHILD IN JUVENILE COURT PROCEEDINGS IN WHICH THE IDENTITY OF THE CHILD AS THE PERPETRATOR OF THE UNLAWFUL ACT IS AT ISSUE; DETENTION ISSUES SUCH AS PROBABLE CAUSE DETERMINATIONS AND THE JUVENILE'S RIGHT TO BAIL; A DISCUSSION OF JUVENILE COURT INTAKE; AND PRE-HEARING ISSUES SUCH AS THE AVAILABILITY OF DISCOVERY, DOUBLE JEOPARDY, AND THE RIGHT TO A SPEEDY TRIAL. ALSO DISCUSSED ARE THE TRANSFER OF JURISDICTION TO A CRIMINAL COURT, JUVENILE HEARINGS, DISPOSITIONS, APPEALS AND COLLATERAL ATTACK, JUVENILE INSTITUTIONS, AND SPECIAL PROBLEMS IN CHILD NEGLECT PROCEEDINGS. FINALLY, A SECTION PROVIDING FORMS FOR MOTIONS BY DEFENSE COUNSEL IS PRESENTED. IN ADDITION TO THE DESCRIPTION AND ANALYSES PROVIDED IN EACH SECTION, AN INTRODUCTORY SUMMARY AND SELECTED BIBLIOGRAPHY ARE INCLUDED. (SNI ABSTRACT)