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Hendrickson v. Griggs: A Review of the Legal and Policy Implications for Juvenile Justice Policymakers

NCJ Number
111932
Journal
Crime and Delinquency Volume: 34 Issue: 2 Dated: special issue (April 1988) Pages: 209-227
Author(s)
H F Swanger
Date Published
1988
Length
19 pages
Annotation
This article addresses some of the implications of Hendrickson for juvenile justice policymakers regarding the removal of juveniles from jails, the central foucs of the Hendrickson v. Griggs case.
Abstract
The removal of juveniles from adult jails and municipal lockups as mandated by the Federal Juvenile Justice and Delinquency Prevention Act since 1980 has been a slow, unproductive process during the Reagan administration. Recent monitoring data sumbitted by the States to the Federal Office of Juvenile Justice and Delinquency Prevention indicates that approximately 40 States are still not in compliance with the removal mandate of the Juvenile Justice and Delinquency Prevention Act. The recent landmark Federal court decision, Hendrickson v. Griggs, marks the first successful legal enforcement of these mandates by juveniles. States hereafter will face increasing legal pressure to meet the jail removal mandates. This article calls on juvenile justice policymakers to end the jailing of juveniles and to rededicate themselves to the juvenile justice ideals expressed in the In Re Gault Decision. Hendrickson v. Griggs, for the first time charts a basis for individual juveniles to enforce their rights under the Federal Juvenile Justice and Delinquency Prevention Act in Federal court. Implications for State juvenile justice policymakers, for the judiciary, and county officials are highlighted. 65 notes. (Author abstract modified)