NCJ Number
45786
Journal
Juvenile Justice Volume: 28 Issue: 4 Dated: (NOVEMBER 1977) Pages: 35-37
Date Published
1977
Length
4 pages
Annotation
GUARANTEES OF DUE PROCESS AND CONSTITUTIONAL SAFEGUARDS, A CLEARLY DEFINED DECISIONMAKING PROCESS, AND LEGAL JURSDICTION OVER REHABILITATION EFFORTS, ARE REASONS CITED FOR JUVENILE OFFENDERS BELONGING IN JUVENILE COURT.
Abstract
IT IS ARGUED THAT THE COURT PROCESS DOES NOT STIGMATIZE THE CHILD, BUT THAT THE BEHAVIOR OF THE CHILD PRIOR TO COURT APPEARANCE HAS ALREADY CREATED DEROGATORY SOCIAL LABELING. PROVISION FOR COURT DECISIONMAKING THAT DEALS WITH THE CHILD IN A WAY APPROPRIATE TO HIS OR HER NEEDS AND BEHAVIOR IS RECOMMENDED. WHEN CHILDREN ARE DIVERTED FROM THE COURT PROCESS TO SOCIAL AGENCIES, IT IS BELIEVED THEY ARE OFTEN IGNORED IF PROGRAMS PROVE UNSUCCESSFUL IN CHANGING THEIR BEHAVIOR. IT IS FURTHER MAINTAINED THAT DECISIONS ABOUT WHAT HAPPENS TO A CHILD SHOULD BE MADE WITH GUARANTEES THAT THE CONSTITUTIONAL RIGHTS OF THE CHILD BE PROTECTED. SUCH GUARANTEES IMPLY COURT INVOLVEMENT IN THESE DECISIONS. IT IS CONCLUDED THAT ELIMINATION OF A COURT PROCESS FOR STATUS OFFENDERS WOULD NOT BE SO HELPFUL TO THEM AS THE PROPER USE OF COURT ACTION ON THEIR BEHALF. (RCB)