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PROCEDURAL DUE PROCESS IN THE DISCIPLINE OF INCARCERATED JUVENILES

NCJ Number
52502
Journal
Pepperdine Law Review Volume: 5 Issue: 3 Dated: (1978) Pages: 641-671
Author(s)
A F BREED; P H VOSS
Date Published
1978
Length
31 pages
Annotation
THE IMPACT OF THE SUPREME COURT'S POSITION ON DUE PROCESS WITH REFERENCE TO THE ADMINISTRATION OF DISCIPLE IN STATE JUVENILE CORRECTIONS INSTITUTIONS IS ANALYZED.
Abstract
THE EVOLUTION OF JUVENILE JUSTICE HAS BEEN MOTIVATED LARGELY BY BENEVOLENT INTENTIONS THAT HAVE RESULTED IN COUNTERPRODUCTIVE SYSTEMS AND CRUEL TREATMENT OF JUVENILES. DUE PROCESS HAS BEEN CIRCUMSCRIBED SEVERELY BY THE PARENS PATRIAE CONCEPT. THE SUPREME COURT'S APPROACH TO REQUESTS FOR DUE PROCESS IN JUVENILE PROCEEDINGS REVEALS AN ATTEMPT TO MAXIMIZE THE EFFICIENCY OF THE FACT-FINDING PROCESS WITHOUT UPSETTING THE REHABILITATIVE IDEALS OF THE JUVENILE JUSTICE SYSTEM. PARENS PATRIAE, WHILE NOT SYNONYMOUS WITH ARBITRARINESS, IS ALLOWED TO LIMIT DUE PROCESS WHEN A REHABILITATIVE GOAL IS FURTHERED. THE EXTENT OF DUE PROCESS GRANTED IN JUVENILE COURTS IS DETERMINED BY THE EXTENT OF LOSS TO THE JUVENILE AND THE INTEREST OF THE STATE IN SUMMARY ADJUDICATION. THE DECISIONMAKING MODEL PROPOSED IN THE ARTICLE IS DESIGNED FOR YOUTHFUL OFFENDERS WHO ARE PLACED INDETERMINATELY IN CORRECTIONAL INSTITUTIONS FOR TRAINING AND TREATMENT. THE MODEL ASSUMES THAT AN INSTITUTION IS ORGANIZED AROUND TREATMENT TEAMS WITH MAJOR DECISIONMAKING RESPONSIBILITY. IT INVOLVES THREE DECISIONMAKING LEVELS: BEHAVIOR REQUIRING ACTION, STANDARDS, AND ALTERNATIVE DISPOSITIONS. SPECIFIC ELEMENTS OF THE MODEL ARE THE PREPARATION PROCESS, THE HEARING PROCESS, AND THE REVIEW PROCESS. JUVENILE CORRECTIONAL ADMINISTRATORS SHOULD INSTITUTE RULES AND REGULATIONS THAT GUARANTEE DUE PROCESS PROTECTION FOR YOUTH IN CORRECTIONAL SETTINGS. ANALYSIS INDICATES THAT THIS PROTECTION SHOULD BE GREATER THAN FOR ADULTS BECAUSE MOST YOUTH ARE TOO IMMATURE AND INARTICULATE TO DEFEND THEMSELVES ADEQUATELY. THE PROCEDURAL DUE PROCESS IN ADULT CORRECTIONAL DISCIPLINE IS DISCUSSED, CASE LAW RELEVANT TO ADULT AND JUVENILE PROCEEDINGS IS CITED, AND A TABULAR SUMMARY OF THE DECISIONMAKING MODEL IS APPENDED. (DEP)