NCJ Number
72697
Date Published
1980
Length
357 pages
Annotation
Prepared for judges and attorneys involved with juvenile offenders, this reference book details current laws and case decisions which govern juvenile justice produres from arrest through trial, disposition, and parole.
Abstract
The original 1974 edition of this work has been updated to include new material on the mental incapacity of children in juvenile proceedings, due process rights to revoke probation or parole, and appealability of waiver orders. Following a summary of trends in juvenile justice philosophy in the United States, the book examines jurisdiction wii to age limits, types of conduct that permit court intervention, limitations posed by prosecutors and statutes,f and the problems of concurrent jurisdiction. Laws and judicial decisions concering police investigations of juveniles are described according to custody, procedures, search and seizure, postcustody release, interrogation, and lineups. The discussion on waiver of jurisdiction focuses on requirements of due process, which are necessary to protect juveniles from procedural arbitrariness, and critically examines waiver standards. Procedural rights of the adjudicatory process arre outlined, including h earings, right to counsel, right to jury, burden of proof, rules of evidence, and cross examination. The issues of a child's mental competeny and constitutional provisions concerning double jeopardy are also covered. State laws and jcase decisions affecting disposition hearings are followed by informatin on available dispositions for different types of juvenile offenders, and duration of commitment in an institution. Legal issues involving right to treatment, transfer to an adult penal institution, and revocation of probation of parole are analyzed. Finally, thee development of the constitutionalization of the juvenile justice process as revealed in the decisions of the U.S. Supreme Court is traced as a basis for predicting future trends of the juvenile court. Case notes are included. The appendixes contain the text of the Uniform Juvenile Court Act and a chart of selected State statutes. A bibliography of approximately 56 references tables of cases, and a general index are provided.