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NCJRS Abstract

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NCJ Number: 47256 Find in a Library
Title: JUDICIAL CONTROL OVER NONCRIMINAL MISBEHAVIOR
Journal: NEW YORK UNIVERSITY LAW REVIEW  Volume:52  Issue:5  Dated:(NOVEMBER 1977)  Pages:1051-1063
Author(s): A SUSSMAN
Corporate Author: New York University
Law Review
Managing Editor
United States of America
Date Published: 1977
Page Count: 13
Sponsoring Agency: New York University
New York, NY 10012
Format: Article
Language: English
Country: United States of America
Annotation: THE BACKGROUND OF THE JUVENILE COURT'S JURISDICTION OVER NONCRIMINAL MISBEHAVIOR IS REVIEWED, AND PROPOSED STANDARDS FOR LIMITING THAT JURISDICTION ARE DESCRIBED AND ASSESSED.
Abstract: THE DISCUSSION REFERS TO THE VOLUME ON NONCRIMINAL MISBEHAVIOR PRODUCED BY THE INSTITUTE OF JUDICIAL ADMINISTRATION AND AMERICAN BAR ASSOCIATION JOINT COMMISSION ON JUVENILE JUSTICE STANDARDS. AT ISSUE IS THE COURT'S JURISDICTION OVER CHILDREN WHO ARE DISOBEDIENT, TRUANT, INCORRIGIBLE, OR UNGOVERNABLE -- PERSONS IN NEED OF SUPERVISION (PINS). ALTHOUGH JUVENILE COURT JURISDICTION OVER PINS HAS COME UNDER ATTACK, LEGAL CHALLENGES GENERALLY HAVE FAILED TO DIMINISH THE SCOPE OF THAT JURISDICTION. THE JOINT COMMISSION'S PROPOSED STANDARDS PROVIDE A COMPROMISE BETWEEN TOTAL ABOLITION AND TOTAL RETENTION OF PINS JURISDICTION. THE PROPOSED SYSTEM PERMITS A DEGREE OF STATE-SPONSORED HELP FOR CHILDREN IN NEED BUT SIGNIFICANTLY REDUCES THE POWER OF THE COURTS TO INTERVENE COERCIVELY IN THE LIVES OF NONDELINQUENT CHILDREN. FOR THE MOST PART, THE STANDARDS ELIMINATE PINS JURISDICTION AS IT IS COMMONLY KNOWN. THE SERVICES AND INTERVENTION PROPOSED IN THE STANDARDS ARE NONCOERCIVE, AND THE PROCEDURES FOR DELIVERING SERVICES ARE CHILD-ORIENTED. ARGUMENTS AGAINST ABOLITION OF PINS JURISDICTION, BASED ON THE GROUNDS THAT ADEQUATE CHILD-ORIENTED SERVICES ARE UNAVAILABLE OR THAT ABOLITION WILL WEAKEN THE JUVENILE COURTS, ARE COUNTERED. (LKM)
Index Term(s): Jurisdiction; Juvenile courts; Juvenile justice system; Juvenile status offenders; Standards
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=47256

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