NCJ Number
58080
Journal
Criminal Law Review Volume: 1978 Dated: (SEPTEMBER 1978) Pages: 529-539
Date Published
1978
Length
11 pages
Annotation
NEW JUVENILE JUSTICE STANDARDS ARE PROPOSED TO DEVELOP A MORE RATIONAL JUSTICE POLICY IN LIGHT OF INCREASING DEMANDS PLACED ON THE SYSTEM.
Abstract
SINCE 1960, ARRESTS OF JUVENILES FOR VIOLENT CRIMES HAVE INCREASED ABOUT 250 PERCENT. CHILDREN BETWEEN THE AGES OF 10 AND 17, 16 PERCENT OF THE POPULATION, NOW ACCOUNT FOR ALMOST HALF OF THE ARRESTS FOR THEFT, ROBBERY, AND ASSAULT. IT IS WIDELY RECOGNIZED THAT THE PRESENT SYSTEM, WITH TREATMENT AND REHABILITATION AS THE PREMISES, HAS FAILED. CONSEQUENTLY, NEW STANDARDS HAVE BEEN PROPOSED: (1) THE PRINCIPLE OF PROPORTIONALITY OF SANCTIONS--IN IN OTHER WORDS, THE PUNISHMENT SHOULD FIT THE SERIOUSNESS OF THE OFFENSE; (2) DETERMINATE SENTENCES OR DISPOSITIONS TO AVOID THE WIDE DISPARITY OF SANCTIONS RECEIVED FOR THE SAME OFFENSE; (3) SELECTION BY THE COURT OF THE LEAST RESTRICTIVE CATEGORY AND DURATION OF DISPOSITION THAT IS APPROPRIATE FOR THE OFFENSE; (4) REMOVAL FROM THE JURISDICTION OF THE JUVENILE COURT OF NONCRIMINAL BEHAVIOR SUCH AS RUNNING AWAY AND VICTIMLESS OFFENSES; (5) THE PRINCIPLE OF VISIBILITY AND ACCOUNTABILITY OF DECISIONMAKING--DISCRETION SHOULD BE LIMITED, GUIDELINES SET FOR DECISIONS AT EVERY STAGE OF THE PROCEEDINGS AND OPEN PROCEDURES SHOULD BE FOLLOWED, INCLUDING THE RIGHT OF A TRIAL BY JURY; (6) THE RIGHT OF LEGAL COUNSEL TO JUVENILES; (7) THE RIGHT OF JUVENILES TO DECIDE ON ACTIONS AFFECTING THEIR LIVES AND FREEDOM UNLESS THEY ARE FOUND INCAPABLE OF DOING SO; (8) REDEFINITIONS OF THE ROLE OF PARENTS IN THE PROCEEDINGS, WITH PARTICULAR ATTENTION TO POSSIBLE CONFLICTS OF INTEREST; (9) LIMITATIONS ON INTERVENTION PRIOR TO ADJUDICATION AND DISPOSITION TO REDUCE THE VOLUME AND DURATION OF DETENTION DURING THIS PERIOD, AND LIMITATIONS ON TREATMENT WITHOUT THE JUVENILE'S INFORMED CONSENT; AND (10) THE PRINCIPLE OF WAIVER OF JUVENILE COURT JURISDICTION WHICH ALLOWS JUVENILES WHO HAVE COMMITTED SERIOUS OFFENSES TO BE TRANSFERRED TO A CRIMINAL COURT. THESE PRINCIPLES SHATTER THE PRINCIPLE OF REHABILITATION AS THE GOAL OF THE COURT SYSTEM. REHABILITATION IS STILL SUPPORTED, BUT IT IS NOT THE BASIS OF THE COURT'S JURISDICTION; JUSTICE IS THE PRIMARY GOAL, WHILE REHABILITATION IS CONSIDERED SECONDARY. FOOTNOTES ARE INCLUDED.