NCJ Number
56087
Journal
Juvenile Justice Volume: 28 Issue: 4 Dated: (NOVEMBER 1977) Pages: 19-27
Date Published
1977
Length
9 pages
Annotation
THE IMPACTS OF LEAA STANDARDS, THE JUVENILE JUSTICE STANDARDS PROJECT, U.S. SUPREME COURT DECISIONS, AND A NUMBER OF STATE SUPREME COURT DECISIONS ON THE FORM AND FUNCTION OF JUVENILE COURT ARE SURVEYED.
Abstract
AS A RESULT OF THESE FORCES, THE DOCTRINE OF PARENS PATRIAE IS BEING REPLACED BY A CONCERN WITH DUE PROCESS, CONSTITUTIONAL RIGHTS OF THE JUVENILE, AND MINIMUM INTERVENTION BY THE COURT. THE JUVENILE COURT JUDGE IS BEING ASKED TO JUDGE, NOT ACT AS A SURROGATE FATHER. BOTH THE LEAA STANDARDS AND THE JUVENILE JUSTICE STANDARDS (A JOINT PROJECT OF THE INSTITUTE OF JUDICIAL ADMINISTRATION AND THE AMERICAN BAR ASSOCIATION) WOULD REMOVE STATUS OFFENDERS FROM THE JUVENILE JUSTICE SYSTEM. THE NUMEROUS OTHER CHANGES PROPOSED BY THE JUVENILE JUSTICE STANDARDS ARE ALSO PRESENTED. THEIR MAJOR THRUST IS TO LIMIT JUVENILE COURT INTERVENTION AND TO FOCUS THE COURT'S ATTENTION ON THE CRIME OF WHICH THE JUVENILE IS CONVICTED. THEY ALSO MANDATE DUE PROCESS FOR JUVENILES AND STATE THAT WHEN THE INTERESTS OF THE PARENT AND THE CHILD CONFLICT, THE CHILD SHALL PREVAIL. THE U.S. SUPREME COURT DECISIONS OF KENT, GAULT, WINSHIP, IN RE BURRUS, MCKEIVER V. PA., AND BREED V. JONES ARE REVIEWED. THEN CASES FROM OREGON, WASHINGTON, ILLINOIS, ALASKA, VIRGINIA, FLORIDA, NEW JERSEY, IOWA, AND LOUISIANA ARE SUMMARIZED. AS A RESULT OF THESE CASES, THE JUVENILE COURT IS BECOMING A JUNIOR CRIMINAL COURT. IT IS FOLLOWING THE SAME RULES OF EVIDENCE AND PROVIDING THE SAME DUE PROCESS AS IS FOUND IN AN ADULT CRIMINAL COURT. HOWEVER, UNLIKE AN ADULT COURT, IT VIEWS THE TOTAL CHILD AND IS AWARE THAT THE OFFENDER IS A CHILD. IT IS NOTED THAT THE TRADITIONAL DOCTRINE OF PARENS PATRIAE HAS BEEN WEIGHED AND FOUND WANTING. (GLR)