MASSACHUSETTS STUBBORN CHILD LAW - LAW AND ORDER IN THE HOME (FROM YOUNGEST MINORITY - LAWYERS IN DEFENSE OF CHILDREN, 1974 BY SANFORD N KATZ - SEE NCJ-31349)

• NCJ Number: 31352
• Author(s): L R SIDMAN
• Date Published: 1974
• Length: 26 pages
• Corporate Author: American Bar Association
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THIS STATUTE MAKES JUVENILE INCORRIGIBILITY AND VARIOUS NON-VIOLENT, VICTIMLESS CRIMES SUBJECT TO SIX MONTHS IMPRISONMENT OR A FINE OF 200 DOLLARS OR BOTH.

Abstract

IN THE 1971 DECISION IN COMMONWEALTH V. BRASHER, THE SUPREME JUDICIAL COURT OF MASSACHUSETTS UPHELD THE CONSTITUTIONALITY OF THAT STATUTE IN A CASE INVOLVING THE INSTITUTIONALIZATION OF A FIFTEEN-YEAR-OLD FOR THE 'STUBBORN REFUSAL TO SUBMIT TO THE LAWFUL AND REASONABLE COMMANDS OF A PERSON WHOSE COMMANDS SHE WAS BOUND TO OBEY', AN EMPLOYEE OF A FOSTER CARE INSTITUTION. THIS ARTICLE ARGUES THAT THE SUPREME JUDICIAL COURT OF MASSACHUSETTS ERRED, AS A MATTER OF LAW AND AS A MATTER OF PUBLIC POLICY, IN UPHOLDING THIS 325 YEAR OLD LAW. THE LINE OF ARGUMENT PRESENTED FOLLOWS THAT PRESENTED BY THE DEFENSE COUNSEL, TREATING THE ISSUES OF GOVERNMENTAL INTRUSION INTO FAMILY LIFE, DUE PROCESS, AND SUFFICIENCY OF EVIDENCE. ALSO CONSIDERED IS THE APPLICABILITY OF THE EQUAL PROTECTION CLAUSE TO THE BRASHER CASE. THE AUTHOR CONCLUDES BY ADVOCATING NEW SOCIO-LEGAL INSTITUTIONS FOR JUVENILES, SUCH AS CHILD-CARE UNITS WHICH WOULD REPLACE COURTS AS THE SYSTEM'S FIRST RESORT AND BRING TOGETHER LAWYERS, PHYSICIANS, PSYCHOLOGISTS, SOCIAL WORKERS, EDUCATORS, AND RECREATION SPECIALISTS TO SERVE AS AN OPERATIONAL THINK-TANK WHICH WOULD REFER CHILDREN TO AUXILIARY AGENCIES.