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NCJ Number: 32945 Find in a Library
Title: JUVENILE COURT - CURRENT PROBLEMS, LEGISLATIVE PROPOSALS, AND MODEL ACT
Journal: SAINT LOUIS UNIVERSITY LAW JOURNAL  Volume:20  Issue:1  Dated:(1975)  Pages:1-99
Author(s): P PIERSMA; J GANOUSIS; P W KRAMER
Corporate Author: St Louis University School of Law
United States of America
Date Published: 1976
Page Count: 99
Sponsoring Agency: St Louis University School of Law
St Louis, MO 63108
Format: Article
Language: English
Country: United States of America
Annotation: THIS ARTICLE ANALYZES AND SURVEYS VARIOUS PROVISIONS OF JUVENILE COURT REFORM PROPOSALS FILED IN STATE LEGISLATURES SINCE 1972.
Abstract: THE PROPOSALS CONSIDERED WERE DESIGNED TO REMODEL JUVENILE COURT SYSTEMS IN RESPONSE TO UNITED STATES SUPREME COURT DECISIONS SINCE 1966 (KENT V. UNITED STATES) WHICH HAVE CONSISTENTLY APPLIED TO JUVENILE PROCEEDINGS THE SAME CONSTITUTIONAL GUARANTEES ENJOYED BY ADULT DEFENDANTS IN CRIMINAL PROSECUTIONS. THIS SURVEY WAS DESIGNED TO PROVIDE AN UNDERSTANDING OF THE NATURE AND SCOPE OF REFORM MEASURES BEING CONSIDERED BY STATE LEGISLATURES AND TO ANALYZE THE DEFICIENCIES OF MANY OF THESE PROPOSALS BASED ON CRITERIA IN LEADING CASES AND GENERAL POLICY CONSIDERATIONS. BECAUSE MANY OF THE PROPOSALS DO NOT REPRESENT ADEQUATE SOLUTIONS TO MAJOR PROBLEMS WITH THE JUVENILE COURT SYSTEM, A MODEL STATUTE IS INCLUDED IN THE APPENDIX. THIS MODEL REQUIRES THE COURT TO ASSIST CHILDREN BY APPLYING THE LEAST RESTRICTIVE ALTERNATIVES AVAILABLE AND DIRECTS IT TO ASSIST AND SUPERVISE THE CHILD IN HIS HOME AND IN HIS COMMUNITY BEFORE APPLYING MORE DRASTIC MEASURES. THE DISCUSSION OF THE LEGISLATIVE PROPOSALS IS BASICALLY ORGANIZED ACCORDING TO ISSUES COVERED BY EACH SECTION OF THE MODEL STATUTE. THE TOPICS DISCUSSED INCLUDE JUVENILE COURT JURISDICTION, JUVENILE COURT PERSONNEL, STANDARDS FOR ARREST, VENUE, PRETRIAL DETENTION AND SHELTER CARE, INTAKE, PRE-HEARING PROCEDURES, FUNDAMENTAL RIGHTS OF PARTIES IN THE ADJUDICATORY PHASE, AND TRANSFER OF JURISDICTION TO CRIMINAL COURT. OTHER AREAS CONSIDERED ARE THE ADJUDICATORY HEARING, THE DISPOSITIONAL HEARING, DISPOSITION, TERMINATION OF PARENTAL RIGHTS, APPEAL AND COLLATERAL ATTACK, PROTECTIONS IN CELATION TO IDENTIFICATION PROCEDURES, AND EXPUNGEMENT OF RECORDS. (SNI ABSTRACT)
Index Term(s): Judicial decisions; Judicial process; Juvenile court waiver; Juvenile courts; Legislation; Model law; Reform; State laws; Surveys
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=32945

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