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NCJ Number: 120873 Find in a Library
Title: First Circuit Finds No Federal Constitutional Right to Treatment for Incarcerated Juveniles
Author(s): D Lambert
Corporate Author: National Center for Youth Law
United States of America
Date Published: 1984
Page Count: 5
Sponsoring Agency: National Center for Youth Law
Oakland, CA 94612
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: The 1983 First Circuit case Santana v. Callazo is the first circuit court case to adopt Chief Justice Burger's concurring opinion in O'Conner v. Donaldson separating the right to treatment from the Federal constitutional right to due process.
Abstract: The district court noted benefits accorded juveniles unavailable to adults, declined to intervene in the jurisdiction of an ongoing confinement (Puerto Rico), and cited the O'Conner v. Donaldson opinion as reason to reject right to treatment claims. The juvenile right to treatment debate has been waged for some time but not considered in the context of the Donaldson case which concerned confinement of a nondangerous mentally ill patient for 15 years without therapeutic treatment. In his concurring opinion, Chief Justice Burger observed that "a State's police power may justify confinement of individuals solely to protect society ..." Whether confinement without rehabilitation is a legitimate exercise of the court's parens patriae authority in juvenile justice remains the real issue which is reviewed historically with citations. 33 references.
Main Term(s): Juveniles right to treatment
Index Term(s): History of juvenile justice; Juvenile due process; Puerto Rico
Note: Reprinted from Clearinghouse Review (February 1984), P 1107-1111
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