NCJ Number
224880
Date Published
January 2007
Length
209 pages
Annotation
In an attempt to advance the rights and well-being of court-involved youth, this book undertook a systematic review of current law on this issue.
Abstract
The conclusion drawn from this exhaustive review is that most States do not have comprehensive protections that prevent statements made by, and information obtained from youth during juvenile court processes from being used against the youth at the guilt and punishment states in delinquency cases and criminal trials. The Juvenile Law Center recommends that all States enact statutes or court rules providing that any self-incriminating information including statements gathered from youth who participate in behavioral screening, assessment, or treatment as part of their juvenile court case cannot be used against the youth in any delinquency or criminal case to either make a finding of guilt or to enhance punishment. While the potential benefit to court-involved youth of earlier and comprehensive screening, assessment, and treatment is discussed elsewhere, the potential risks to such youth have not been as widely explored. Statutes, court rules and case law were reviewed in each State and the District of Columbia to find safeguards against self-incrimination when screening, assessment, and/or treatment for behavioral disorders is undertaken in the juvenile court process. Through this monograph, the Juvenile Law Center undertook a systematic review of current law to determine to what extent protections already existed on the Federal and State level to prevent information elicited from youth from later being used against them in delinquency or criminal proceedings. It offers technical assistance to States and localities that wish to undertake an interagency effort to enact these safeguards. References and appendixes A-C