NCJ Number
93220
Date Published
1983
Length
396 pages
Annotation
This presentation and analysis of juvenile law and its current rapid development provides an overview of the juvenile justice process, procedural rules of juvenile law, a survey of Federal and State cases and law, and an analysis of constitutional, statutory, and decisional law.
Abstract
The opening discussion of the philosophy of the juvenile court considers its origins, philosophical underpinnings, and current philosophy, followed by an examination of juvenile court jurisdictional issues, including maximum and minimum ages, types of conduct covered, limitations on jurisdiction, and concurrent jurisdiction. The review of police investigation of juveniles covers taking into custody, search and seizures, postcustody release, police interrogation, and lineups. Topics considered in relation to waiver of jurisdiction are transfer to criminal court, waiver hearing, due process requirements, and waiver standards. The portrayal of the adjudicatory process is devoted to fact-finding hearings, right to counsel, right to jury, burden of proof, rules of evidence, confrontation and cross examination, corroboration of confessions, double jeopardy, mental capacity, and discovery. The discussion of aspects of the dispositional process focuses on disposition hearing and procedures, delinquent children, children in need of supervision, abandoned and neglected children, duration of commitment, right to treatment, transfer to a penal institution, and probation and parole revocation. An examination of where the juvenile court and the juvenile justice process should be changed to operate more fairly and efficiently concludes the volume. The appendixes contain the Uniform Juvenile Court Act and a chart of selected State statutes. This second edition includes changes in juvenile law and procedures that have occurred since the publication of the first edition in 1974, notably, the issue of mental incapacity of children in juvenile proceedings, the due process rights of juveniles in proceedings to revoke probation or parole, and new material on the ability to appeal waiver orders. Footnotes are extensive, citing cases, statutes, and articles throughout the text. A bibliography of about 56 listings and a table of cases are provided as well.