NCJ Number
51779
Journal
ALERT Dated: (MAY/AUGUST) Pages: 1-15
Date Published
1978
Length
20 pages
Annotation
PROVISIONS OF THE MAINE JUVENILE CODE, EFFECTIVE IN JULY 1978, ARE REVIEWED THAT DEAL WITH JUVENILE CRIME, THE INITIATION OF COURT PROCEEDINGS, ADJUDICATION AND DISPOSITION, AND INTERIM CARE.
Abstract
THE CODE REPEALS ALMOST ALL PRIOR LAWS PERTAINING TO JUVENILE OFFENDERS AND MAKES SEVERAL CHANGES IN PROCEDURES RELATING TO JUVENILES. IT CHANGES THE DEFINITION OF A JUVENILE CRIME, REDEFINES STANDARDS FOR BINDING A JUVENILE OVER AS AN ADULT, INTRODUCES THE INTAKE WORKER SYSTEM FOR SCREENING JUVENILE CASES, MAKES PUBLIC THE JUVENILE HEARINGS IN MAJOR CASES, AND SETS FORTH PROCEDURES AND STANDARDS IN THE AREAS OF PRETRIAL DETENTION, SENTENCING, AND APPEALS. IN ADDITION, THE CODE DETAILS PROCEDURES FOR HANDLING RUNAWAYS AND CHILDREN WHO ARE LOST, ABANDONED, OR FOUND IN DANGEROUS CIRCUMSTANCES. IT IS RECOGNIZED IN THE CODE THAT JUVENILE PROCEEDINGS ARE OF AN ADVERSARY NATURE AND SHOULD BE ACCORDED THE SAME IMPORTANCE AND FORMALITY AS ADULT CRIMINAL PROCEEDINGS. JUVENILE CRIMES ARE DEFINED BY THE CODE AS OFFENSES COMMITTED BY PERSONS UNDER 18 YEARS OF AGE. PRETRIAL PROCEDURES OUTLINED IN THE CODE ARE CONCERNED WITH FUNCTIONS OF THE JUVENILE INTAKE WORKER (PLACEMENT OF RUNAWAYS AND OTHER JUVENILES TAKEN INTO INTERIM CARE, RELEASE OR FURTHER DETENTION OF JUVENILES UNDER ARREST, AND SCREENING OF COMPLAINTS AGAINST JUVENILES REFERRED FOR PROSECUTION) AND ARREST AND DETENTION COMPLYING WITH SAFEGUARDS ESTABLISHED IN THE MIRANDA RULE. THE FOLLOWING AREAS CONCERNING THE INITIATION OF COURT PROCEEDINGS ARE COVERED BY THE CODE: PETITIONS, VENUE, STATUTES OF LIMITATIONS, SUMMONS, APPOINTMENT OF COUNSEL, ANSWERS, AND BINDING OVER. ADJUDICATORY AND DISPOSITIONAL HEARINGS ARE COVERED, AS WELL AS DISPOSITIONAL ALTERNATIVES AND THE APPEALS PROCESS FOR JUVENILES. INTERIM CARE IS DEFINED AS THE STATUS OF TEMPORARY PHYSICAL CONTROL OVER A JUVENILE BY A LAW ENFORCEMENT OFFICER. A JUVENILE PROCEDURE FLOWCHART IS INCLUDED. INFORMATION ON VIOLATIONS OF LIQUOR LAWS IN MASSACHUSETTS, SAMPLE PETITION AND SUMMONS FORMS, A LIST OF INTAKE WORKERS, AN OUTLINE OF THE CONTENTS OF THE JUVENILE CODE, AND A DISCUSSION OF COURT DECISIONS AFFECTING JUVENILES ARE APPENDED (DEP)