NCJ Number
160282
Journal
Wisconsin Law Review Volume: 1993 Issue: 1 Dated: (1993) Pages: 163-185
Date Published
1993
Length
23 pages
Annotation
This essay argues against the proposal to abolish the juvenile court system and process juveniles accused of crime in the adult criminal court system.
Abstract
In deciding whether to abandon the juvenile court system, two issues must be addressed. First, is the disparity in procedural and constitutional protection between the adult and juvenile courts significant enough to justify opting out of the juvenile justice system; and second, if children are tried in the criminal courts, will their immaturity and vulnerability be taken into account adequately in assessing culpability and determining sentences. The answer to both of these questions is "No." Although juveniles do receive diminished constitutional protection and minimal treatment under the current juvenile court system, this disparity in procedural safeguards is not substantial enough to offset the benefits of the juvenile justice process. Abandonment of the juvenile court would be an admission that its humane purposes were misguided or unattainable, and this is not so. The juvenile court can be reformed to better meet the legal and rehabilitative needs of juveniles. There can be enhanced constitutional and procedural protection in the adjudicative stage of juvenile proceedings, and the court can do better in coordinating the provision of a wide range of services tailored to the treatment needs of each juvenile. The juvenile courts afford benefits that are unlikely to be replicated in adult criminal courts, such as the institutionalized intake diversionary system, anonymity, diminished stigma, shorter sentences, and recognition of rehabilitation as a viable goal. These benefits are worth nourishing and improving to make the juvenile court system what it was intended to be and what it can be. 141 footnotes