NCJ Number
69126
Date Published
1978
Length
0 pages
Annotation
IN THIS CASSETTE TAPE, TWO ATTORNEYS AND A CORRECTIONS OFFICIAL DISCUSS THE GUIDELINES AND CASE LAW REGARDING THE RIGHTS OF JUVENILES IN CORRECTIONAL FACILITIES AND THE LIABILITIES OF CORRECTIONAL STAFF.
Abstract
THE PRESENTATIONS WERE RECORDED AT THE FIFTH NATIONAL CONFERENCE ON JUVENILE JUSTICE AND WERE EDITED FOR OPTIMAL LISTENING. THE CONFERENCE WAS SPONSORED BY THE NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES AND THE NATIONAL DISTRICT ATTORNEYS ASSOCIATION. PARTICIPANTS INCLUDED LAW ENFORCEMENT OFFICIALS, CORRECTIONS OFFICIALS, EDUCATORS, RESEARCHERS, AND OTHERS. CHILDREN IN DETENTION SHOULD HAVE THE RIGHTS TO EDUCATION, HEALTH CARE, CLOTHING, HOUSING, ACCESS TO FAMILY AND FRIENDS, LOVE AND AFFECTION, PROTECTION FROM VIOLENCE, AND PRIVACY. THE MOST IMPORTANT RIGHT IS THE RIGHT TO BE TREATED AS A CHILD. OTHER RIGHTS INCLUDE THE RIGHT TO FREEDOM OF EXPRESSION, RELIGION, AND, IF OF THE PROPER AGE, VOTING. EDUCATION SHOULD BE CONSISTENT WITH THAT MANDATED BY THE STATE. MEDICAL CARE INCLUDES PSYCHIATRIC HEALTH CARE. PROPER FOOD AND CLOTHING ARE OFTEN NOT GIVEN ADEQUATE CONSIDERATION. THE CORRECTIONAL OFFICIAL'S RESPONSIBILITY TO ACCOMMODATE CHILDREN'S RIGHTS BEGINS AT THE POINT OF ADMISSION TO DETENTION. NONDELINQUENTS AND STATUS OFFENDERS SHOULD BE KEPT OUT OF CORRECTIONAL FACILITIES. USE OF FORCE SHOULD BE RESTRICTED TO THOSE WHO ARE DEMONSTRABLY DANGEROUS. INDIVIDUAL DETENTION OFFICERS SHOULD ASSUME THAT ALL THEIR ACTIONS MAY BE INDEPENDENTLY REVIEWED AT A LATER DATE. THEY SHOULD MAKE WRITTEN REPORTS OF ALL UNUSUAL INCIDENTS. THE EIGHTH AND FOURTEENTH AMENDMENTS OF THE CONSTITUTION, STATE LAW, AND CASE LAW ALL AFFECT DETENTION PROCEDURES. SEVERAL CASES HAVE PROVIDED SPECIFIC DEFINITIONS OF CRUEL AND UNUSUAL PUNISHMENT. OTHER CASES HAVE DEFINED JUVENILES' RIGHTS, CORRECTIONAL STAFF'S LIABILITIES, AND COURTS' JURISDICTIONS. FOR RELATED CASSETTE TAPES, SEE NCJ 69125, 69127-30, AND 72652.