NCJ Number
44232
Journal
Boston University Law Review Volume: 57 Issue: 4 Dated: (JULY 1977) Pages: 631-644
Date Published
1977
Length
14 pages
Annotation
THE PROPOSAL TO END THE JUVENILE COURT SYSTEM'S JURISDICTION OVER STATUS OFFENSES IS CRITICIZED, AND LEGAL ATTACKS AGAINST STATUS JURISDICTION ARE ANSWERED.
Abstract
THE DISCUSSION IS CONCERNED WITH THE STANDARDS RELATING TO NONCRIMINAL MISBEHAVIOR PROPOSED BY A JOINT COMMISSION OF THE INSTITUTE OF JUDICIAL ADMINISTRATION AND THE AMERICAN BAR ASSOCIATION. THE STANDARDS WOULD END THE COURT'S JURISDICTION OVER A 'JUVENILE'S ACTS OF MISBEHAVIOR, UNGOVERNABILITY, OR UNRULINESS WHICH DO NOT VIOLATE THE CRIMINAL LAW.' IT IS SUGGESTED THAT THIS RECOMMENDATION IS BASED ON A FAULTY ANALYSIS OF THE PROBLEMS ASSOCIATED WITH THE ADMINISTRATION OF JUVENILE JUSTICE AND WOULD RESULT IN SEVERE COSTS FOR CHILDREN, FAMILIES, AND COMMUNITIES WITHOUT SUBSTITUTING A WORKABLE SOLUTION TO THE PROBLEMS CONFRONTING THE EXISTING SYSTEM. THE STANDARDS ARE SAID TO ABANDON THOSE CHILDREN MOST IN NEED, I.E., THOSE WHO CANNOT OR WILL NOT OBTAIN HELP VOLUNTARILY. THE STANDARDS ARE ALSO SAID TO RAISE A NUMBER OF ADMINISTRATIVE PROBLEMS WITH REGARD TO THE REQUIREMENT THAT COMPREHENSIVE SERVICES BE MADE AVAILABLE TO JUVENILES ON A VOLUNTARY BASIS. THE ARGUMENT THAT CHILDREN ARE ENTITLE TO EQUAL PROTECTION OF THE LAWS, CITED BY DRAFTERS OF THE STANDARDS IN SUPPORT OF THEIR RECOMMENDATIONS, IS COUNTERED BY EVIDENCE INDICATING THAT CHILDREN REQUIRE SPECIAL PROTECTION. IT IS POINTED OUT THAT THE EXISTING SYSTEM IS ABLE TO RESOLVE MANY PROBLEMS THAT WOULD NOT BE RESOLVED WITHOUT A COURT'S INVOLUNTARY INTERCESSION. IT IS CONCLUDED THAT THE PROPOSED STANDARDS ARE UNREALISTIC AND WOULD UNDERMINE THE VESTIGES OF THE AMERICAN FAMILY.