skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 68747 Find in a Library
Title: JUSTICE FOR THE JUVENILE - THE DECISION TO ARREST AND DUE PROCESS
Journal: DUKE LAW JOURNAL  Volume:1971  Issue:5  Dated:(1971)  Pages:913-937
Author(s): S M DAVIS
Date Published: 1971
Page Count: 25
Format: Article
Language: English
Country: United States of America
Annotation: THIS ESSAY EXAMINES ISSUES RELATED TO DUE PROCESS FOR JUVENILES IN CONNECTION WITH THE DECISION OF ARREST.
Abstract: JUVENILE COURTS' ATTENTION HAS BEEN FOCUSED MAINLY ON ASSURING FAIRNESS RATHER THAN ON EXTENDING TO JUVENILES THE SAME CONSTITUTIONAL PROTECTIONS ACCORDED ADULTS. THIS EMPHASIS RESULTED FROM THE PREMISE THAT JUVENILE PROCEEDINGS WERE CIVIL AND NOT CRIMINAL IN NATURE AND THE DIFFERENTIAL TREATMENT FOLLOWED FROM THE PRINCIPLE OF PARENS PATRIAE (THE PARENTAL RESPONSIBILITY OF THE STATE TO THE CHILD). RECENT EFFORTS HAVE FOCUSED ON PROVIDING BOTH FAIRNESS AND DUE PROCESS TO JUVENILES. THE SOURCE OF THESE EFFORTS WAS THE GAULT CASE (1967). HOWEVER, THE DECISION TO ARREST REMAINS AN AREA IN WHICH PROCEDURAL REQUIREMENTS ARE VAGUE. THE POLICE OFFICER MUST DETERMINE WHAT CONDUCT IS CRIMINAL, THE SERIOUSNESS OF THE INCIDENT, AND THE APPROPRIATE RESPONSE. BECAUSE POLICE EXERCISE MUCH MORE DISCRETION IN DEALING WITH JUVENILES THAN WITH ADULTS, ENCOUNTERS BETWEEN YOUTH AND POLICE ARE A CRUCIAL STAGE IN THE JUVENILE JUSTICE PROCESS. THE STANDARD JUVENILE COURT ACT PERMITS AN OFFICER TO TAKE CHILDREN INTO CUSTODY NOT ONLY FOR OBSERVED CRIMINAL BEHAVIOR BUT ALSO FOR SUSPECTED CRIMINAL BEHAVIOR, FOR PROTECTION FROM DANGER, AND FOR SUSPICION OF BEING A RUNAWAY. TWO CALIFORNIA LAWS ILLUSTRATE THE PROBLEM OF VAGUENESS AND LACK OF PROTECTION OF JUVENILES' RIGHTS. IN CONTRAST, NEW YORK'S LAW PROVIDES THAT A JUVENILE MAY BE TAKEN INTO CUSTODY WITHOUT A WARRANT ONLY WHEN COMMITTING AN ACT WHICH FOR AN ADULT WOULD JUSTIFY ARREST. THE OFFICE MUST OBTAIN A SUMMONS TO TAKE INTO CUSTODY A YOUTH DEEMED IN NEED OF SUPERVISION. SEVERAL STATE LAWS OR COURT DECISIONS REQUIRE MIRANDA WARNINGS BEFORE QUESTIONING. ANALYSIS OF OTHER STAGES IN THE JUVENILE CUSTODIAL PROCESS UNDERLINES THE NEED FOR STRICTER LIMITS ON THE DECISION TO ARREST. THE ARTICLE RECOMMENDS THAT (1) OFFICERS DEALING WITH JUVENILES BE GIVEN SPECIAL TRAINING AND EXPERIENCE; (2) YOUNG PEOPLE RECEIVE THE SAME DUE PROCESS RIGHTS AS ADULTS AND BE TAKEN INTO CUSTODY WITHOUT WARRANTS ONLY FOR VIOLATIONS FOR WHICH AN ADULT WOULD ALSO BE ARRESTED; AND (3) YOUNG PEOPLE BE HANDLED DIFFERENTLY FROM ADULTS. FOOTNOTES ARE INCLUDED.
Index Term(s): Arrest and apprehension; California; Discretionary decisions; Judicial decisions; Legal doctrines; New York; Police discretion; Right to Due Process; Rights of minors
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=68747

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.