Toward a Jurisprudence of Juvenile Deviance

• NCJ Number: 103181
• Author(s): T N Ferdinand
• Date Published: 1986
• Length: 19 pages
• Corporate Author: Southern Illinois University Ctr for the Study of Crime, Delinquency, and Corrections
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Language: English
• Country: United States of America
• Note: Presented at the American Society of Criminology meeting in Atlanta, Ga., October 1986.

Annotation

The current confusion over the philosophy of juvenile justice in the United States should be remedied through an approach that would correct the deficiencies in due process in the juvenile court without abandoning a commitment to treatment.

Abstract

Modern juvenile courts usually follow a due process format and a just deserts philosophy when considering serious felonies and a parens patriae philosophy when considering minor offenders. The only time a child's treatability is examined in an adversarial hearing is when the case is being considered for transfer to criminal court. However, some cases need both a due process hearing and a treatability hearing. The child's need for treatment and the need for due process both require evaluation. Using an approach that evaluates both aspects eliminates the artificial distinction between those who need treatment and those who need justice. Each State should establish a Department of Juvenile Rehabilitation to provide for the treatment needs of juvenile offenders, because only the largest communities would be able to provide their own treatment programs. Footnotes, discussion of U.S. Supreme Court decisions regarding juvenile procedures, and 20 references.