NCJ Number
76662
Journal
Indiana Law Journal Volume: 54 Issue: 4 Dated: (1978-1979) Pages: complete issue
Date Published
1979
Length
166 pages
Annotation
Articles describe, interpret, and assess various aspects of the new Indiana Juvenile Code.
Abstract
Indiana's new Juvenile Code is noted to be a State response to juvenile justice issues raised by the U.S. Supreme Court decision in the Gault case, which implies that juvenile justice systems must give juveniles due process rights that enhance the processes of justice and fairness in the disposition of juvenile cases. One aspect of the new code discussed is the jurisdiction it establishes over misbehaving children and their parents. The definition of delinquent acts includes not only acts that would be crimes if committed by adults, but behavior customarily termed status offenses. The code provides that the parents of a child charged with delinquency may be made parties for dispositional purposes, so that the parents may also be required to participate in treatment programs along with the juvenile. The role of the attorney for the State under the new code is also discussed. Whereas, under the previous juvenile code, judges decided on whether or not to file formal charges in juvenile court, prosecutors are entrusted with this discretion under the new code. Another article develops the thesis that although the new code improves upon the due process rights guaranteed to juveniles, these rights still fall short of the rights held by adults, notably in the area of pretrial detention. The new code allows the detention of juveniles prior to trial, when there is probable cause to believe the juvenile is a danger to himself/herself or the community. Finally, the code is assessed from the perspective of judges involved in the juvenile court system. Footnotes are provided. For specific papers, see NCJ 76663-66.