PARENS PATRIAE VS DUE PROCESS - THE DEVELOPMENT OF AN EMPIRICAL INDICATOR AS THE BASIS FOR AN EVALUATION OF THE JUVENILE COURT FROM TWO COMPETING PERSPECTIVES

• NCJ Number: 53705
• Author(s): D GOOD; B HUTCHINSON
• Date Published: 1978
• Length: 12 pages
• Corporate Author: Minnesota Crime Control Planning Board (See Minnesota Criminal Justice Program)
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

PARTIAL FINDINGS OF AN ONGOING RESEARCH PROJECT OF THE MINNESOTA CRIME CONTROL PLANNING BOARD ARE REPORTED THAT FOCUS ON LEGAL CONCEPTS OF DUE PROCESS AND PARENS PATRIAE (RIGHT TO TREATMENT) IN JUVENILE COURTS.

Abstract

POLICYMAKERS IN JUVENILE JUSTICE ARE PARTICULARLY CONCERNED WITH MONITORING THE OPERATION OF JUVENILE COURTS, GIVEN THE BROAD STATUTORY AND CASE LAW MANDATE OF THESE COURTS TO STRUCTURE THEMSELVES IN ACCORDANCE WITH DUE PROCESS OR PARENS PATRIAE REQUIREMENTS. FIVE QUESTIONS FACE POLICYMAKERS WITH REGARD TO THE ISSUE OF DUE PROCESS AND THE RIGHT TO TREATMENT IN COUNTY JUVENILE COURTS: (1) WHETHER THERE IS VARIATION ACROSS COURTS IN THE HANDLING OF JUVENILE MATTERS, (2) WHAT LEVEL OF DUE PROCESS IS PROVIDED, (3) WHAT LEVEL OF THE RIGHT TO TREATMENT IS OFFERED, (4) WHETHER COURTS UTILIZE DUE PROCESS AND THE RIGHT TO TREATMENT IN A TRADEOFF, AND (5) WHAT JUVENILE JUSTICE MEASURES ARE MOST SUCCESSFUL IN TERMS OF OUTCOME. FOR EACH CONCEPT, DUE PROCESS AND PARENS PATRIAE, AN INDEX IS CONSTRUCTED IN WHICH VARIABLES ARE TREATED AS COMPONENTS OF EQUAL WEIGHT IN A SUMMATIVE SCALE. VARIABLES IN THE DUE PROCESS INDEX ARE ATTORNEY ASSIGNED OR RETAINED WHEN COURT ORDERS SECURE DETENTION, ATTORNEY PRESENT AT HEARINGS ON FELONY PETITIONS, COUNTY ATTORNEY PRESENT AT HEARINGS ON FELONY PETITIONS, REFERENCE HEARINGS FOR FELONY CAUSE, AND TIME FROM PETITION TO ADJUDICATORY HEARING FOR FELONY PETITIONS LESS THAN 60 DAYS. VARIABLES IN THE PARENS PATRIAE INDEX ARE SEPARATE ADJUDICATORY AND DISPOSITIONAL HEARINGS, UTILIZATION OF INVESTIGATION AND REPORT, AND SOCIAL SERVICE CASE WORKERS AT HEARINGS. THE VALIDITY OF THE TWO INDEXES IS TESTED USING THE SEVERITY OF OFFENSE BY SEVERITY OF DISPOSITION AND THE NUMBER OF PRIOR OFFENSES BY SEVERITY OF DISPOSITION. GIVEN THE DIFFICULTY OF EMPIRICALLY DERIVING DISPOSITIONAL INDICATORS OF THE RIGHT TO TREATMENT AND DUE PROCESS, ANY INTERPRETATION OF THE RESULTS ARE VIEWED AS SUBJECTIVE. SUPPORTING DATA ARE PROVIDED. (DEP)