Legal Issues (From Child Delinquents: Development, Intervention, and Service Needs, P 323-338, 2001, Rolf Loeber and David P. Farrington, eds. -- NCJ-207774)

• NCJ Number: 207788
• Author(s): Janet K. Wiig
• Date Published: 2001
• Length: 16 pages
• Sale Source: Sage Publications, Inc
• Publication Format: Book (Hardbound)
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

This chapter identifies legal issues pertinent to the processing of child delinquents (ages 7-12) and provides examples of how States have been managing this population.

Abstract

Jurisdictional issues are first addressed. These include the minimum age for delinquency jurisdiction; alternative bases for court jurisdiction (e.g., dependency, child in need of protective services [CHIPS], child in need of services [CHINS], and family in need of services [FINS]); dual jurisdiction (delinquency and CHIPS); jurisdiction over parents; and waiver from the juvenile court to the criminal court. The chapter then examines the options and special considerations that affect the disposition of child-delinquency cases. In those States that have a minimum age for delinquency and a specified alternative basis for court jurisdiction (dependency, CHINS, CHIPS, or FINS), the child is subject to a range of dispositions that are less confining than traditional delinquency dispositions. A third set of legal issues examined pertains to the competency of a child related to age. A determination of the child's developmental characteristics is critical in the determination of the child's competency to consult with the attorney representing him/her and the child's ability to understand the legal proceedings. The fourth section of the chapter discusses how rights normally afforded older juvenile offenders may be conferred on very young offenders. Such rights are particularly important when the child is charged with a serious crime that carries severe penalties. The chapter's concluding section considers alternatives to court jurisdiction and standards for intervention. Voluntary placement in an intervention program as an alternative to formal court processing is usually related to the risk to public safety posed by the child. The policy question that is central in such a practice is whether an intervention based on assessed risk carries the potential violation of the child's constitutional rights, given the unreliability of delinquency prediction. 69 notes