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Prosecution in the Juvenile Courts

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Prosecution in the Juvenile Courts If you have issues viewing or accessing this file contact us at NCJRS.gov. ,~~.,""""""""""""""""""""------,---------t ::,~,.r' 1 PROSECUTION IN This microfiche was produced from documents received for inclusion in the NCJRS data base. Since NCJRS cannot exercise THE JUVENILE COURTS: control over the physical condition of the documents submitted, the individual frame quality will vary. The resolution chart on GUIDELINES FOR THE FUTURE this frame may be used to evaluate the document quality. By '1 M. MARVIN FINKELSTEIN, Project Director 2 8 2 5 ELLYN WEISS I .0 ~~ 11111 . 11111 . 3 2 U£&liM 11111 . I 22• STUART COHEN B~ ~[i[~ Jl,; tu~!~ I~ PROFESSOR STANLEY Z. FISHER, Consultant 1.1 ""u -- -- 111111.8 111111.25 111111.4 111111.6 This project was supported by Grant No. 71-109-6, awarded by the National Institute of Law Enforcement and Criminal Justice, Law Enforcement Assistance Administration, U.S. Department of Justice under the Omnibus Crime Control and Safe Streets Act of 1968, as MICROCOPY RESOLUTION TEST CHART amended. Points of view or opinions stated in this document are NATIONAL BUREAU OF STANOARDS-J963-A those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice. , ' Microfilming procedures used to create this fiche comply with the standards set forth in 41CFR 101·11.504 Points of view or c~inions stated in this document an December 1973 those of the author[s! and do not represent the official position or policies of the U.S. Department of Justice. I ' U.S. DEPARTMENT OF JUSTICE U.S. DEPARTMENT OF JUSTICE ! . ·t ',':>.1 LAW ENfORCEMENT ASSISTANCE ADMINISTRATION Law Enforcement Assistance Administration 1 NATIONAL CRIMINAL JUSTICE REFERENCE SERVICE '. National Instttute of Law Enforcement and Criminal Justice WASHINGTON, D.C. 20531 6/29/76 ," ., :-~ i LAW ENFORCEMENT ASSISTANCE ADMINISTRATION FOREWORD Donald E. Sllntorlllll, Admiflistfl/(or Richard W. Voldo, OO/Jllty Arllllillistflltor Charles R. Work, Oll/lllty Admillistmlor The juvenile justice system in the United Scates is in the process of trans· formation. Recent court decisions have impacted strongly on many traditional methods for processing juvenile cases at tbe variolls levels of the judicial system. The winds of chtll1ge have been particularly strong in the area of procedural safeguards and the juvenile's right to legal counseL Largely overlooked in the NATIONAL INSTITUTE OF LAW ENFORCEMENT rethinking of juvenile justice, however, is the role of the juvenile proseclltot'. AND CRIMINAL JUSTICE And yet the prosecut'Or bears a double responsibility: protecting soci(~ty against criminal behavior while at the same time preserving the juvenile's rights. Gerald M. Caplan, Director This study analyzes the functions of the prosecutor in the juvenile system. The researchers examined in detail the existing prosecution system in the Boston Jllvenile Court and surveyed procedures in a number of othel' cides. Their fincl· ings show a wide disparity in practice and, the authors believe, in the quality of justice dispensed. In Boston, for example, the arresting police officer is solely responsible for presenting evidence. Equipped with only Stich Jegal training as his law e~lforce­ ment career may have given him, he frequently must c:;onfront either a publk defender or a private attorney. In SliGh cases, the report notes, the odds would appear to be weighted against the law enfol'cement interests of the community. To develop a judicial framework which serves both the rights of tbe accused juvenile and the safety of the community, the study recommends that juvenile courts adopt a modified version of the prosecuror-defender structure which has long served the adult criminal justice system. Included in this report arc guide­ lines for such a juvenile prosecution system. LEAA publishes this report in the belief tbat the issues it raises can contribute to current efforts to develop a fair, effective system of juvenile justice. CHARLES R. WORK Detmty Aclminstr(ttor for Administration L(ttl, Enforcement For sale by the Superintendent of Documents. U.S. Government Printing Office Assist(tnce Administration Washington. D.C. 20402 • Price $1.60 Srock Number 2700-00246 iii ·--------------------........-~~----------------------------------a--- ACKNOWLEDGEMENTS CONTENTS \V:;C HJ'C gmlc;[ul to the mnnyindivIduuls whose Hssistnl1ce we I.·c(.'cived in the PIIIIIl l*~piH'atiOl1 ol this report, Hnd arc pleased to nd<:oowlcdge their (;oncribuciolls FOREWORD iii Hl1d co expl'ess O\H' Hpprcdntion. \'V/c nrc vc:ry thnnkful to Pt'csiding ]ustic:<: Fmnc:is POiCI'Hst find Chief Clerk ACKNOWLEDOHMENTS iv Jo111' Louden of the Dostoll Juvenilc COlH't without whose coopcmtion :lnd assistnncc 1l1ll<:h of the J:escl\n:h could not have been (.'OOdUl'wd. We also wish SUMMARY yiii to thank Chief Probation omcer Louis Mtlglio) Liclltt:nnm John R. Chisholm CHAPTER 1. INT.RODUCfJON. of the Juvenile Aid Sc~'tion of the Boston Policc l)cplutment, and the Vfu:ious juvenile o(}iccrs and Stan: membcl's of the Massachusetts :DefendcJ's Committee CHAPTER II. THE DEVULOPMIlNT OF THE JlJVENILE COURT who gave so had}' of their time. SYSTllM IN THE UNlTED STA'fnS . 1/ l.ouis \Xr, ~~kHnt:dy, Exut'utivc Director of the Nntiol11l1 Council of Juvenile.: A. Endy Development . It COUt:t Judges, wns gl'rtclOllS enough to provide It covel' [ertel' Eor the qllcstion. D. Challenge and Reform (, nnires. whkh we fOl'WHl'dcd to juvenile court jl1dges throughout the United Stntcs. CHAPTER HI. 'rBl~ FROSEC(JTOR'S ROLE IN 'floW JUVIiNIU1 \Xfc al'e espcdnlly £l'awful to Pmfcssol' Sheldon Kmntz, Director of the COUR1': FORMER STATUS AND CORRENT TRENDS. 9 Cemet· fOt: Cdminnl Justku, fot' his vCI'y vnll1nblc contributions of o1'iHinal A, The Pmsecurot's Role Historically. 9 rnatcdnl nnd his extensive nssistnnce in nil sections of the report. n. Tbe Potential Impnct of G'(lIItt on tbe Pmsec:utor's Role. 10 \V[C I\lso w.ish to acknowledge the important research elIorts of Con tel' stnff 1. Re«)gnition of the need for legally tmincd state repre- members Jonathan Brnnt, Snu! Schupiro. Susnn SHbey and the nssismnce pro­ sentatives . 10 vided by Jeffrey D. \Xroolf in many phases of out: work. 2 . .Impact of no prpsecutor upOn pt:Obaeion officer and Finall)', n word of t1~nnks is due to Boston Unversiey lnw students I.awrence judicial roles . 1 J 3. Trends in proposed and recent legislation . 12 Gustafson, :Mkhnel WI. 1vJarean l Julie G. Smith, and Paul Onkka for their rcsearch assistance nne! to Susan Leavy who typed the [mal manuscript. 4. Cmrcnt utilization of prosecLltors in juvenile courts 11/. C. The Center's 1972 National Survey . 1A 1. Defense counsel involvement in juvenile l_roceedings 15 2. Scope and nature of attorney~proseclltion . 1(, 3. The division of court functions and the prosecutor's role. ] 8 a. The initial detention decision. 18 b. Preparation and review of the petition . 19 c. Pretrial motions, probable cause hearings, and consent decrees . 19 d. Adjudication and disposition . 19 4. The views of juvenile court judges towards an expanded role for the prosecutor . 20 5. Narrative comments of judges responding to survey .' 23 6, Summary of National Survey. ..... 25 a. Defense counsel involvement in juvenile proceedings. 25 iv v P(lglJ Pago b. Attorney representation of the State. 25 1. Police enforcement and investigation. 90 91 c. Judges' views of the expanded use of attorney-prosecu- 2. Pretrial detention. 91 tOrs in juvenile court. 25 3. Court intake . 4. Diversion of cases before adjudication 94 CHAPTER IV. THE IDENTIFICATION OF PRELIMINARY OB· 5. Preparation of cases for trial . 94 JECTIVES FOR PROSECUTION IN THE JUVENILE COURTS . 27 6. Pretrial motions and discovery. 95 7. Presentation of State's case at trial . 95 CHAPTER V. PROSECUTION IN THE BOSTON JUVENILE 8. Disposition. 96 COURT . 30 9. Appeals and collateral attack . 96 A. History of the Boston Juvenile Court. 30 10. Proceedings at the correction stage 96 B. Boston Juvenile Court Procedures. 33 11. Personnel and training. 97 J urlsdiction 1. 33 12. Relationship with other agencies. 99, 2. Initiation of juvenile delinquency cases. 34 101 3. Notice and detention. 34 APPENDIX A . 4. Bail. 34 102 5. Arraignment anel issuance of process. 35 APPENDIX B 6. Adjudicatory hearing-confidentiality 36 106 7. Patties present 36 APPENDIX C 8. Conduct of the hearing. 36 9. Adjudication and disposition 37 10. Waiver to criminal court . 37 11. Appeals 38 C. Caseload in the Boston Juvenile Court: 1962-1971 . 39 D. Introduction and Methodology. 39 E. Public Defender Services in the Boston Juvenile Court (Over- 0~) ® F. Polke Prosecutor Services in the Boston Juvenile Court (Overview) . 42 G. Pre-adjudication 43 H. Adjudication 51 1. Post-adjudication 62 CHAPTER VI. PROSECUTION IN OTHER REPRESENTATIVE COURTS. ... 69 A. The Fulton County Juvenile Court, Atlanta, Georgia . 69 B. The Second District Juvenile Court, Salt Lake City) Utah 71 C. The King Cql1uty Jl1v;::uile Court, Seattle, Washington 71 D. The Rhode Island Family Court, Providence. 74 E. Metropolis . 79 F. Connecticut Juvenile Court, Third District, Hartford 85 CHAPTER VII. PROSECUTION GUIDELINES FOR BOSTON JUVENILE COURT . , .... 89 A. General Principles for Juvenile Prosecution 89 B. Specific Guidelines 90 vii vi I " .. I .' tion which conclude the report. It is hoped that III. these guidelines will have useful application to The traditional juvenile court process did not juvenile courts throughout the country as they include a "prosecutor" in the sense of a legally seek to formulate new directions for juvenile trained person with responsibility to represent the prosecution. state in court proceedings. For several reasons, the SUMMARY inclusion of such a role would not only have been II. seen as unnecessary, but as positively harmful to In spmt, the juvenile court was designed to the proper functioning of the court.
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