NCJ Number
58883
Journal
Crime and Delinquency Volume: 25 Issue: 3 Dated: (JULY 1979) Pages: 281-298
Date Published
1979
Length
18 pages
Annotation
CURRENT LEGISLATIVE DEVELOPMENTS AND REFORM PROPOSALS REGARDING CRIMINAL JUSTICE HANDLING OF JUVENILES ARE REVIEWED, AND THE CALL FOR ABOLISHMENT OF A SEPARATE JUVENILE JUSTICE SYSTEM IS CRITIQUED.
Abstract
SEVERAL CURRENT TRENDS ARE DISCERNIBLE WITH REFERENCE TO THE JUVENILE COURT INCLUDING A HARSHER APPROACH TO SERIOUS, CHRONIC JUVENILE OFFENDERS, THOUGH THIS ORIENTATION IS NOT SHARED BY ALL JUVENILE COURTS; AN EASING OF PUNITIVENESS TOWARD STATUS OFFENDERS, CHARACTERIZED BY REDUCED INTERVENTION AND CURBS ON INCARCERATION; AND AN EXPANSION OF THE PROSECUTOR'S DECISIONMAKING ROLE AT INTAKE. STATE LEGISLATORS, REFLECTING THE PUBLIC'S CONCERN, ARE REDEFINING JUVENILE COURT PURPOSES AND PRACTICES. NATIONAL STUDY COMMISSIONS HAVE PROPOSED CHANGES THAT ARE MORE RADICAL, SUCH AS THE ELIMINATION OF JUVENILE COURT JURISDICTION OVER STATUS OFFENDERS; THE REPLACEMENT OF INDIVIDUALIZED REHABILITATION AS AN OPERATING GOAL OF JUVENILE JUSTICE WITH OFFENSE-BASED, DETERMINATE DISPOSITIONS; AND THE PROHIBITION OF WAIVER OF DEFENSE COUNSEL. SOME LEGAL THEORISTS ARE CALLING FOR ABOLITION OF THE JUVENILE COURT WITH THE TRANSFER OF ITS DELINQUENCY JURISDICTION TO THE CRIMINAL COURTS, FOR THE FOLLOWING REASONS: (1) JUVENILE COURT JUDGES AND OTHER AGENTS REPEATEDLY FAIL TO APPLY THE STATUTORY AND CONSTITUTIONAL PROTECTIONS THAT HAVE BEEN MANDATED; CRIMINAL COURTS WOULD PROVIDE WIDER PROTECTION OF JUVENILE RIGHTS THAN DO JUVENILE COURTS; (2) THE TREND TOWARD THE APPLICATION OF CRIMINAL SANCTIONS IN JUVENILE OFFENSES PARALLELS THE CRIMINAL COURT MODEL MORE CLOSELY THAN DOES THE TRADITIONAL JUVENILE COURT APPROACH; (3) THE CRIMINAL JUSTICE PROCESS NOW ACCOMMODATES THE JUVENILE SYSTEM PRACTICES OF INTAKE AND DIVERSION, AS WELL AS PROVIDING MORE DIVERSIFIED SENTENCING ALTERNATIVES; AND (4) A JUVENILE'S CRIMINAL COURT DEFENSE ATTORNEY WOULD BE FREE TO FUNCTION IN AN ADVERSARIAL ROLE. REFORM OF THE JUVENILE COURT IS NEEDED, BUT ABOLITION WOULD CREATE MASSIVE PROBLEMS. THE MISDEMEANOR COURTS, WHICH WOULD ABSORB THE BULK OF DELINQUENT OFFENDERS, CURRENTLY SUFFER FROM MONUMENTAL PROBLEMS WITHOUT THE ADDITIONAL BURDEN OF PROCESSING JUVENILES. THE PROPOSAL OF THE INSTITUTE OF JUDICIAL JUSTICE STANDARDS TO RESTRUCTURE THE JUVENILE COURT INTO A FAMILY COURT DIVISION OF THE GENERAL TRIAL COURT IS ATTRACTIVE, BUT IT SHOULD NOT BE UNDERTAKEN WITHOUT RIGOROUS ANALYSIS AND CAREFUL PLANNING. (AUTHOR ABSTRACT MODIFIED--RCB)