Status Offenders and the Juvenile Court - Past Practices, Future Prospects (From From Children to Citizens, V 2 - The Role of the Juvenile Court, P 176-200, 1987, Francis X Hartmann, ed. - See NCJ-106014)

• NCJ Number: 106022
• Author(s): T R Bearrows
• Date Published: 1987
• Length: 25 pages
• Sale Source: Springer-Verlag
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

While historical and traditional legal analyses fail to resolve the issue of juvenile court jurisdiction over status offenses, a consideration of the policy justifications for differential treatment suggests that it should be retained.

Abstract

Legally, children possess fewer responsibilities and enjoy fewer rights. They are generally less autonomous, have not internalized social values, and are often vulnerable to outside influences. Thus, coercive intervention is sometimes necessary and can work. By retaining jurisdiction over status offenders, including habitually truant, disobedient, and runaway children, the courts can fairly examine the alleged misconduct and can refer the child to services within a context of procedural safeguards. Further, children's diminished responsibility supports milder sanctions than those for adults, and their extraordinary capacity for change encourages rehabilitative responses and partially justifies early intervention. Such intervention is additionally supported by society's strong and legitimate interest in helping children grow into responsible, mature citizens. 68 endnotes and 26 references.