RIGHTS OF JUVENILES CONFINED IN TRAINING SCHOOLS AND THE EXPERIENCE OF A TRAINING SCHOOL OMBUDSMAN

• NCJ Number: 13497
• Journal: Brooklyn Law Review Volume: 40 Issue: 3 Dated: (WINTER 1974) Pages: 605-635
• Author(s): J D SILBERT; A N SUSSMAN
• Date Published: 1974
• Length: 31 pages
• Corporate Author: Brooklyn Law School
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

SURVEY OF EMERGING AND RECOGNIZED RIGHTS BASED ON CONSTITUTIONAL AND STATUTORY SOURCES AS INTERPRETED BY THE COURTS AND A PERSONAL REMINISCENCE OF A YEAR'S EXPERIENCE AS A NEW YORK TRAINING SCHOOL OMBUDSMAN.

Abstract

JUVENILES ARE GAINING RIGHTS TO CHALLENGE THE LEGALITY AND CONDITIONS OF THEIR CONFINEMENT, TO MAINTAIN CIVIL SUITS FOR DAMAGES INCURRED AT AN INSTITUTION AS A RESULT OF NEGLIGENCE OR ABUSE, AND TO ENJOY THOSE INDIVIDUAL RIGHTS (FREEDOM OF RELIGION, UNCENSORED MAIL, THE RIGHT TO VOTE) WHOSE DENIAL IS NOT ABSOLUTELY NECESSARY TO THE FURTHERANCE OF A REHABILITATIVE PROGRAM. THE PROBLEMS ENCOUNTERED BY THE OMBUDSMEN--SOME OF WHICH WERE ANTICIPATED AT THE OUTSET, MOST OF WHICH WERE DISCOVERED ONLY AFTER THE PROJECT COMMENCED--WERE CONSIDERABLE. THESE PROBLEMS ARE DISCUSSED IN FIVE CATEGORIES: (1) ASCERTAINING THE TRUTH; (2) INSTITUTIONAL AND ADMINISTRATIVE BUREAUCRATIC STRUCTURES; (3) THE PROBLEM OF POSSESSING ONLY THE POWER TO RECOMMEND; (4) MAINTAINING CREDIBILITY WITH THE RESIDENTS; AND (5) PROTECTING CHILDREN'S 'RIGHTS' WHEN SUCH WERE EITHER ILLDEFINED OR UNENFORCED. (AUTHOR ABSTRACT MODIFIED)