skip navigation


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: 77330 Find in a Library
Title: Court Services - The Right Arm of the Juvenile Court (From Major Issues in Juvenile Justice Information and Training - Readings in Public Policy, P 423-438, 1981, John C Hall et al, ed. - See NCJ-77318)
Author(s): L G Arthur
Date Published: 1981
Page Count: 16
Sponsoring Agency: Academy for Contemporary Problems
Sale Source: Academy for Contemporary Problems
United States of America
Language: English
Country: United States of America
Annotation: The past president of the National Council of Juvenile and Family Court Judges advocates retention of the traditional position of the judiciary as broker and arbiter of services in the best interests of the child.
Abstract: The need for personal, judicial superintendency of programs and services is also described. Under the American system of separation of powers, the legislative, executive, and judicial branches of government have each developed systems and hierarchy designed to accommodate their missions. The rationale for court control of the persons serving the court is as elemental as the concept of separation of powers. Neither determinate sentences nor bureaucratic sentencing by the executive branch can both provide discretion to accommodate varying circumstances and protect the rights of the parties involved. Judicial sentencing is the best alternative because only a court can listen objectively to all parties, protect their rights, individualize dispositions, and be held accountable for its decisions. To make dispositional orders which will best answer the needs of both the child and the public, the court must have reliable information. This information must be provided in the form which the court can most efficiently use by those who are accountable to the court and who understand and appreciate the constitutional implications of intervening in another person's liberty. In addition, the court must be accurately and frequently advised on predispositional matters in order to make dispositional changes when they become needed. The court must have its own staff to perform this function. Moreover, the court needs its own staff to work out certain behavioral problems since others not under the court's administrative control have their own priorities. Finally, the court must have its own staff to supervise the disposition, if the dispositional intention of the court is to be followed with more consistency, fewer problems, and better regard for the rights of the child and the public. Footnotes are provided. (Author abstract modified)
Index Term(s): Court management; Decisionmaking; Judicial discretion; Juvenile courts; Parens patriae; Rights of minors; Separation of powers
To cite this abstract, use the following link:

*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.