NCJ Number
14498
Journal
Juvenile Justice Volume: 25 Issue: 1 Dated: (MAY 1974) Pages: 54-60
Date Published
1974
Length
7 pages
Annotation
THE CONFLICT OF DUE PROCESS AND THE INDIVIDUAL TREATMENT MODEL OF JUVENILE JUSTICE IS INTESTIGATED, AND IT IS SUGGESTED THAT A RESOLUTION MAY BE REACHED ONCE KNOWLEDGE OF HUMAN BEHAVIOR AND TREATMENT IS IMPROVED.
Abstract
THE CRIMINAL JUSTICE SYSTEM INVOLVING PUNISHMENT FOR UNACCEPTABLE BEHAVIOR IS SEEN AS STEMMING FROM THE IDEA OF FREE WILL. THE AUTHOR MAINTAINS THAT THE JUVENILE JUSTICE SYSTEM EVOLVED FROM A DETERMINISTIC PHILOSOPHY WHICH ATTRIBUTES BEHAVIORS TO CAUSES OUTSIDE OF CONTROL. TREATMENT FOR JUVENILES IS SHOWN TO BE BASED ON ALTERING CONDITIONS WHICH CAUSED CRIME, AND WAS THEREFORE NOT PUNISHMENT AND NOT SUBJECT TO DUE PROCESS. THE AUTHOR STATES THAT NOT ENOUGH IS KNOWN ABOUT HUMAN BEHAVIOR TO ACCURATELY TREAT JUVENILES, AND AS A CONSEQUENCE TREATMENT IS ACTUALLY A TYPE OF EXPERIMENTATION. WHEN TREATMENT FAILS, THE AUTHOR STATES THAT PUNISHMENT IS USED INSTEAD. HE CONCLUDES THAT THEORETICALLY, THE SEVERAL PROTECTIONS AFFORDED JUVENILES, ALTHOUGH SIMILAR TO ADULT DUE PROCESS RIGHTS, CAN BE TAKEN AS PROTECTIONS FROM UNWARRANTED AND POSSIBLY HARMFUL EXPERIMENTATION AND THAT FROM A PRACTICAL POINT OF VIEW, THESE PROTECTIONS MAY BE CONSIDERED AS DUE PROCESS RIGHTS DESIGNED TO PREVENT JUVENILES FROM BEING UNDULY PUNISHED WHEN, AS A LAST RESORT, RATIONALISTIC NOTIONS OF FREE WILL AND CLASSICAL CONCEPTS OF PUNISHMENT AND DETERRENCE ARE FALLEN BACK UPON BY JUVENILE JUSTICE PERSONNEL. (AUTHOR ABSTRACT MODIFIED)