WHY JURISDICTION OVER STATUS OFFENDERS SHOULD BE ELIMINATED FROM JUVENILE COURTS

• NCJ Number: 44233
• Journal: Boston University Law Review Volume: 57 Issue: 4 Dated: (JULY 1977) Pages: 645-662
• Author(s): O W KETCHAM
• Date Published: 1977
• Length: 18 pages
• Corporate Author: Boston University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

ARGUMENTS ARE PRESENTED IN SUPPORT OF THE JUVENILE JUSTICE STANDARDS PROJECT'S RECOMMENDATION THAT THE JUVENILE COURT SYSTEM'S JURISDICTION OVER STATUS OFFENSES BE ENDED.

Abstract

IN ITS GENERAL PRINCIPLES OF JUVENILE COURT JURISDICTION RELATING TO NONCRIMINAL MISBEHAVIOR, THE INSTITUTE OF JUDICIAL ADMINISTRATION/AMERICAN BAR ASSOCIATION JOINT COMMISSION STATES THAT 'A JUVENILE'S ACTS OF MISBEHAVIOR, UNGOVERNABILITY, OR UNRULINESS WHICH DO NOT VIOLATE THE CRIMINAL LAW SHOULD NOT CONSTITUTE A GROUND FOR ASSERTING JUVENILE COURT JURISDICTION OVER THE JUVENILE COMMITTING THEM.' IT IS ARGUED THAT TOTAL REMOVAL OF STATUS OFFENSE JURISDICTION FROM THE JUVENILE COURTS IS JUSTIFIED BECAUSE COERCIVE INTERVENTION BY A JUVENILE COURT IN SUCH SITUATIONS IS AN UNPRINCIPLED USE OF JUDICIAL AUTHORITY, IS AN UNWISE AND UNECONOMIC USE OF PUBLIC FUNDS, DAMAGES JUVENILES RATHER THAN PROVIDING REHABILITATION AND SOCIALIZATION, AND IS LEGALLY UNWARRANTED AND POSSIBLY UNCONSTITUTIONAL. THE JOINT COMMISSION'S RETENTION OF LIMITED JUDICIAL AUTHORITY OVER CERTAIN CRITICAL ASPECTS OF JUVENILE STATUS OFFENSE CASES IS NOTED. IT IS CONCLUDED THAT THE JOINT COMMISSION'S PHILOSOPHICAL AND LEGAL COMMENTARY WITH REGARD TO REMOVING STATUS OFFENSES FROM THE COURT'S JURISDICTION IS SOUND AND THAT THE STANDARDS FOR NONCRIMINAL BEHAVIOR SHOULD BE ADOPTED.