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TRENDS IN JUVENILE JUSTICE (FROM INSTITUTE OF CONTEMPORARY CORRECTIONS AND THE BEHAVIORAL SCIENCES, 12TH ANNUAL INTERAGENCY WORKSHOP - PROCEEDINGS, 1977 SEE NCJ-50660)

NCJ Number
50672
Author(s)
C H WHITEBREAD
Date Published
1978
Length
3 pages
Annotation
AFTER TRACING TRENDS IN THE HISTORY OF THE JUVENILE JUSTICE SYSTEM, THE CENTRAL IDEAS OF THE JUVENILE JUSTICE STANDARDS PROJECT ARE PRESENTED AND DISCUSSED.
Abstract
IT IS NOTED THAT THE CREATION OF A SEPARATE COURT SYSTEM FOR JUVENILES CAN BE TRACED TO THE PHILOSOPHY HELD BY REFORMERS AT THE TURN OF THE CENTURY, WHICH MAINTAINED THAT JUVENILE OFFENDERS SHOULD BE TREATED AS WAYWARD YOUTH IN NEED OF REHABILITATION. FROM THIS THINKING, A JUVENILE COURT SYSTEM EMERGED WHERE INFORMAL HEARINGS WITH JUDGES DEEMED TO BE EXPERTS IN THE HANDLING OF CHILDREN WERE CONDUCTED FOR THE PURPOSE OF DEVISING THE APPROPRIATE TREATMENT FOR THE DELINQUENT. INCARCERATION WITH ADULTS WAS FORBIDDEN, AND CONFIDENTIALITY IN PROCEEDINGS WAS REQUIRED. IN THE 1967 SUPREME COURT CASE, IN RE GAULT, THE POTENTIAL FOR ABUSE INHERENT IN THE INFORMALITY OF JUVENILE COURT HEARINGS WAS REVEALED, AND THE COURT RULED THE JUVENILE COURT PROCEEDINGS MUST PROVIDE SAFEGUARDS ESSENTIAL TO THE PROTECTION OF DUE PROCESS RIGHTS. THE IMPACT OF THIS DECISION HAS BEEN TO UPGRADE THE QUALITY OF LEGALLY TRAINED JUDGES SERVING IN JUVENILE COURTS. THE ADVENT OF OTHER CHANGES IN THE JUVENILE JUSTICE SYSTEM IS BELIEVED TO BE FOUND IN THE JUVENILE JUSTICE STANDARDS PROJECT, ESTABLISHED BY THE INSTITUTE OF JUDICIAL ADMINISTRATION IN 1971. SINCE SO MANY PERSONS ACTIVE IN THE JUVENILE JUSTICE FIELD WERE INVOLVED IN THE PROJECTS, THESE STANDARDS ARE CONSIDERED TO REPRESENT THE NEWEST IDEAS FOR THE FORMULATION OF A UNIFORM, EFFICIENT, AND HUMANE SYSTEM OF JUVENILE JUSTICE. THE CENTRAL IDEAS OF THE STANDARDS ARE: (1) LIMITING UNFETTERED AND UNJUSTIFIED DISCRETION BY DECISIONMAKERS; (2) ASSURING DUE PROCESS STANDARDS BEFORE A CHILD CAN SUFFER LOSSES OF LIBERTY; AND (3) A PREFERENCE FOR FAMILY AUTONOMY AS AGAINST STATE INTERVENTION IN CHILD REARING. SPECIFIC RECOMMENDATIONS OF THE STANDARDS ARE EXPLAINED. (RCB)