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NCJ Number: 63752 Find in a Library
Title: ISOLATING THE CONDEMNATION SANCTION IN JUVENILE JUSTICE THE MANDATE OF IN RE GAULT (FROM CRIMINAL ISSUES IN CRIMINAL JUSTICE, 1979, BY R G IACOVETTA AND DAE H CHANG - SEE NCJ-63752
Author(s): J C WATKINS
Corporate Author: Carolina Academic Press
United States of America
Date Published: 1979
Page Count: 15
Sponsoring Agency: Carolina Academic Press
Durham, NC 27701
Format: Document
Language: English
Country: United States of America
Annotation: THIS ESSAY EXAMINES THE TREATMENT OR CUSTODY DEBATE VIEWED AGAINST RECENT SUPREME COURT DECISIONS DEALING WITH JUVENILE LAW.
Abstract: WHEN THE DIFFERENTIAL PROCESSING OF JUVENILES BY THE JUVENILE COURT IS EXAMINED, FINDINGS SUGGESTS THE SYSTEM IS BASED ON A DOUBLE STANDARD OF CRIMINALITY THAT IS COUNTER TO BOTH THE PRINCIPLE OF LEGALITY AND TO CORRECTIONAL GOALS PROFESSED BY THOSE IN JUVENILE REHABILITATION. THESE CONTRADICTIONS ARE DISCUSSED IN LIGHT OF IN RE GAULT (1967) WHICH RULED THAT CERTAIN CONSTITUTIONAL RIGHTS MUST BE AFFORDED A JUVENILE IN THE ADJUDICATORY STAGE OF A DELINQUENCY HEARING WHERE LOSS OF LIBERTY WAS A POSSIBILITY. AFTER GIVING AN OVERVIEW OF THE TREATMENT VERSUS CUSTODY CONFLICT, THE ESSAY STUDIES THE GAULT DECISION AND ITS QUESTIONING OF INCARCERATION AS A CORRECTIVE DEVICE, THE EXTENT OF JUVENILE COURT JURISDICTION IN SECURING SERVICES AND REHABILITATION OF THE CHILD AND OF A COMMUNITY THREATENED BY DELINQUENT BEHAVIOR, THE NEED TO DEFINE DELINQUENCY IN WAYS THAT ISOLATE THE BEHAVIOR THAT THE COMMUNITY CONSIDERS TO BE DANGEROUS OR INTOLERABLE, THE CURRENT 'STATUS' AND 'CONDITIONAL' OFFENSES, AND A DISCUSSION OF PARENS PATRIAE POWER AND THE FAILURE OF JUVENILE COURTS TO MEET ITS SUBSTANTIVE CONDITIONS. CONCLUDING REMARKS URGE THAT THE CRIMINAL JUSTICE SYSTEM AVOID LABELING JUVENILE AS DELINQUENT FOR WHAT WOULD BE NONCONDEMNATORY CONDUCT IN AN ADULT AND SHOWS THAT GAULT HAS PROVIDED THE JUDICIAL BACKDROP FOR IMPLEMENTATION OF MORE EFFECTIVE POLICY IN BOTH JUVENILE AJUDICATION AND CORRECTIONAL FIELDS. DISCUSSION QUESTIONS AND NOTES ARE INCLUDED. (RFC)
Index Term(s): Custody vs treatment conflict; Juvenile adjudication; Juvenile codes; Juvenile Corrections/Detention effectiveness; Juvenile status offenses; Status offender diversion; Status offense decriminalization
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