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NCJ Number: 31668 Find in a Library
Title: CONSTITUTIONAL PROBLEMS OF DIVERSION OF JUVENILE DELINQUENTS
Journal: NOTRE DAME LAWYER  Volume:51  Issue:1  Dated:(OCTOBER 1975)  Pages:22-47
Author(s): A W MARON
Corporate Author: University of Notre Dame
Law School
United States of America
Date Published: 1975
Page Count: 26
Sponsoring Agency: University of Notre Dame
Notre Dame, IN 46556
Format: Document
Language: English
Country: United States of America
Annotation: THE PROCESSES OF JUVENILE COURT DIVERSION ARE EXAMINED TO DETERMINE WHETHER SUCH CONSTITUTIONAL RIGHTS AS THE RIGHT TO COUNSEL OR THE RIGHT TO A PROBABLE CAUSE DETERMINATION SHOULD BE EXTENDED TO THE DIVERSION STAGE.
Abstract: A BACKGROUND ON THE DEVELOPMENT OF THE JUVENILE COURT SYSTEM, THE CONSTITUTIONAL STATUS OF THE JUVENILE COURTS, AND THE MOVEMENT TOWARD JUVENILE COURT DIVERSION ARE FIRST PROVIDED. THE SEQUENCE AND PROCEDURE OF JUVENILE DIVERSION ARE EXAMINED FOR THE TWO PRIMARY TYPES OF DIVERSION: POLICE SCREENING AND JUVENILE COURT INTAKE PROCEDURES. THE AUTHOR NOTES THAT MANY U.S. SUPREME COURT DECISIONS HAVE ESTABLISHED BASIC CONSTITUTIONAL PARAMETERS FOR JUVENILE COURTS. HE STATES THAT IN LIGHT OF THE BREAKDOWN OF THE PARENS PATRIAE PRINCIPLE, WHICH PREVIOUSLY ISOLATED THE JUVENILE SYSTEM FROM CONSTITUTIONAL SCRUTINY, DIVERSION MAY NOW BE VULNERABLE TO CONSTITUTIONAL CHALLENGE. IN VIEW OF THIS, HE ANALYZES DIVERSION FROM A CONSTITUTIONAL PERSPECTIVE, INVESTIGATING SUCH ISSUES AS DUE PROCESS AT THE PREADJUDICATION STAGE, THE RIGHT TO COUNSEL DURING DIVERSION, AND THE RIGHT TO PROBABLE CAUSE DETERMINATION PRIOR TO DIVERSION. THE AUTHOR CONCLUDES THAT THESE PROCEDURAL SAFEGUARDS SHOULD BE EXTENDED TO THE DIVERSION PROCESS AND OFFERS FURTHER RECOMMENDATIONS TO IMPROVE SEVERAL NONCONSTITUTIONAL DEFICIENCIES IN THE DIVERSION OF THE JUVENILE OFFENDER.
Index Term(s): Constitutional Rights/Civil Liberties; Juvenile court diversion; Juvenile courts; Juvenile processing; Police diversion; Right to counsel; Right to Due Process; Rights of minors
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=31668

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