① Juvenile Delinquents: A Case Study
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Archived from the original on Journal of Criminal Justice. ISSN Texas Appleseed. Equal Justice Initiative. In Lerner, R. Handbook of Adolescent psychology. New York: Wiley. United Nations Children's Fund. Human Rights Watch. Adolescence 8th ed. New York: McGraw-Hill. In Cicchetti, D. Developmental Psychopathy 2nd ed. The relationship between weather and children's behavior: a study of teacher perceptions.
USU Thesis. Frontiers in Psychology. PMC PMID Developmental Psychology. Development through the lifespan Sixth ed. OCLC In Maguire, M. The Oxford Handbook of Criminology 3rd ed. Oxford: Oxford University Press. Perspectives on Sexual and Reproductive Health. May Child Trends. Archived from the original PDF on March Fam Plann Perspectives. JSTOR Perspect Sex Reprod Health. Social Psychology Quarterly. S2CID Social psychology. Wilson, Timothy D. Boston: Pearson.
A minority of one against a unanimous majority". Psychological Monographs: General and Applied. Urban Institute. Shared Justice. American Psychologist. April ISSN X. Vera Institute of Justice. December Social Problems. United States Government Accountability Office. July European Journal of Criminology. Journal of Contemporary Criminal Justice. Youth Violence and Juvenile Justice. Mark; Chamberlain, Patricia December Criminal Behaviour and Mental Health.
Sociology of Education. The Hare Psychopathy Checklist Revised. Toronto, Ontario: Multi-Health Systems. Child Psychiatry and Human Development. Career Criminals in Society. London, United Kingdom: Sage Publications. Delinquency in a Birth Cohort. University of Chicago Press. San Diego, California: Academic Press. In Baldock, J. Social Policy 3rd ed. The Times. Retrieved 16 June More Saudis Could Follow". National Public Radio. Retrieved 18 June The Atlantic. The Center for Civil Rights Remedies. Archived from the original on 29 January Retrieved 18 January Campbell Systematic Reviews.
Perspectives on Psychological Science. CiteSeerX International Institute for Restorative Practices. Juvenile Justice Information Exchange. An introduction to the juvenile sex offender: Terms, concepts, and definitions 2nd Ed. New York: Guilford Press. Juvenile Sexual Offending: Causes consequences and correction. San Francisco: Jossey-Bass. Introduction: A brief history of treating youth with sexual behavior problems. Current perspectives: Working with sexually aggressive youth and youth with sexual behavior problems, pp. Cambridge: Cambridge University Press. The Juvenile Court Act and the decisions of the United States Court of Appeals for the District of Columbia Circuit provide an adequate basis for decision of this case, and we go no further.
It is clear beyond dispute that the waiver of jurisdiction is a "critically important" action determining vitally important statutory rights of the juvenile. See Black v. United States, supra; Watkins v. The statutory scheme makes this plain. The Juvenile Court is vested with "original and exclusive jurisdiction" of the child. This jurisdiction confers special rights and immunities. He is, as specified by the statute, shielded from publicity. He may be confined, but, with rare exceptions, he may not be jailed along with adults. He may be detained, but only until he is 21 years of age.
The court is admonished by the statute to give preference to retaining the child in the custody of his parents "unless his welfare and the safety and protection. The net, therefore, is that petitioner -- then a boy of 16 -- was, by statute, entitled to certain procedures and benefits as a consequence of his statutory right to the "exclusive" jurisdiction of the Juvenile Court. In these circumstances, considering particularly that decision as to waiver of jurisdiction and transfer of the matter to the District Court was potentially as important to petitioner as the difference between five years' confinement and a death sentence, we conclude that, as a condition to a valid waiver order, petitioner as entitled to a hearing, including access by his counsel to the social records and probation or similar reports which presumably are considered by the court, and to a statement of reasons for the Juvenile Court's decision.
We believe that this result is required by the statute, read in the context of constitutional principles relating to due process and the assistance of counsel. The Court of Appeals in this case relied upon Wilhite v. In that case, the Court of Appeals held, for purposes of a determination as to waiver of jurisdiction,. The authority of Wilhite, however, is substantially undermined by other, more recent, decisions of the Court of Appeals. In Black v. United States, decided by the Court of Appeals on December 8, , the court held that [ Footnote 29 ] assistance of counsel in the "critically important" determination of waiver is essential to the proper administration of juvenile proceedings.
Because the juvenile was not advised of his right to retained or appointed counsel, the judgment of the District Court, following waiver of jurisdiction by the Juvenile Court, was reversed. The court relied upon its decision in Shioutakon v. See also McDaniel v. Shea, U. In Black, the court referred to the Criminal Justice Act, enacted four years after Shioutakon, in which Congress provided for the assistance of counsel "in proceedings before the juvenile court of the District of Columbia. The court held that. In Watkins v. Juvenile Court had waived jurisdiction of appellant who was charged with housebreaking and larceny. In the District Court, appellant sought disclosure of the social record in order to attack the validity of the waiver.
The Court of Appeals held that in a waiver proceeding a juvenile's attorney is entitled to access to such records. The court observed that. The relevance of particular items must be construed generously. Since an attorney has no certain knowledge of what the social records contain, he cannot be expected to demonstrate the relevance of particular items in his request. The court remanded the record to the District Court for a determination of the extent to which the records should be disclosed. The Court of Appeals' decision in the present case was handed down on October 26, , prior to its decisions in Black and Watkins.
The Court of Appeals assumed that, since petitioner had been a probationer of the Juvenile Court for two years, that Court had before it sufficient evidence to make an informed judgment. It therefore concluded that the statutory requirement of a "full investigation" had been met. It noted the absence of. While it indicated that, "in some cases, at least," a useful purpose might be served "by a discussion of the reasons motivating the determination," id. As to the denial of access to the social records, the Court of Appeals stated that "the statute is ambiguous. It held, however, that this is "the kind of adversarial tactics which the system is designed to avoid.
His function, the Court of Appeals said, "is not to denigrate the staff's submissions and recommendations. Accordingly, it held that the Juvenile Court had not abused its discretion in denying access to the social records. We are of the opinion that the Court of Appeals misconceived the basic issue and the underlying values in this case. It did note, as another panel of the same court did a few months later in Black and Watkins, that the determination of whether to transfer a child from the statutory structure of the Juvenile Court to the criminal processes of the District Court is "critically important.
The Juvenile Court Act confers upon the child a right to avail himself of that court's "exclusive" jurisdiction. As the Court of Appeals has said,. Meaningful review requires that the reviewing court should review. It should not be remitted to assumptions. It must have before it a statement of the reasons motivating the waiver, including, of course, a statement of the relevant facts. It may not "assume" that there are adequate reasons, nor may it merely assume that "full investigation" has been made.
Accordingly, we hold that it is incumbent upon the Juvenile Court to accompany its waiver order with a statement of the reasons or considerations therefor. We do not read the statute as requiring that this statement must be formal, or that it should necessarily include conventional findings of fact. But the statement should be sufficient to demonstrate that the statutory requirement of "full investigation" has been met, and that the question has received the careful consideration of the Juvenile Court; and it must set forth the basis for the order with sufficient specificity to permit meaningful review. Correspondingly, we conclude that an opportunity for a hearing, which may be informal, must be given the child prior to entry of a waiver order.
Under Black, the child is entitled to counsel in connection with a waiver proceeding, and, under Watkins, counsel is entitled to see the child's social records. These rights are meaningless -- an illusion, a mockery -- unless counsel is given an opportunity to function. The right to representation by counsel is not a formality. It is not a grudging gesture to a ritualistic requirement. It is of the essence of justice. Appointment of counsel without affording an opportunity for hearing on a "critically important" decision is tantamount to denial of counsel. There is no justification. We do not mean by this to indicate that the hearing to be held must conform with all of the requirements of a criminal trial, or even of the usual administrative hearing, but we do hold that the hearing must measure up to the essentials of due process and fair treatment.
Pee v. With respect to access by the child's counsel to the social records of the child, we deem it obvious that, since these are to be considered by the Juvenile Court in making its decision to waive, they must be made available to the child's counsel. This is what the Court of Appeals itself held in Watkins. There is no doubt as to the statutory basis for this conclusion, as the Court of Appeals pointed out in Watkins. We cannot agree with the Court of Appeals in the present case that the statute is "ambiguous.
Emphasis supplied. Counsel, therefore,. We do not agree with the Court of Appeals' statement, attempting to justify denial of access to these records, that counsel's role is limited to presenting. On the contrary, if the staff's submissions include materials which are susceptible to challenge or impeachment, it is precisely the role of counsel to "denigrate" such matter. There is no irrebuttable presumption of accuracy attached to staff reports. If a decision on waiver is "critically important," it is equally of "critical importance" that the material submitted to the judge -- which is protected by the statute only against "indiscriminate" inspection -- be subjected, within reasonable limits having regard to the theory of the Juvenile Court Act, to examination, criticism and refutation.
While the Juvenile Court judge may, of course, receive ex parte analyses and recommendations from his staff, he may not, for purposes of a decision on waiver, receive and rely upon secret information, whether emanating from his staff or otherwise. The Juvenile Court is governed in this respect by the established principles which control courts and quasi -judicial agencies of the Government. For the reasons stated, we conclude that the Court of Appeals and the District Court erred in sustaining the validity of the waiver by the Juvenile Court. The Government urges that any error committed by the Juvenile. Court was cured by the proceedings before the District Court. It is true that the District Court considered and denied a motion to dismiss on the grounds of the invalidity of the waiver order of the Juvenile Court, and that it considered and denied a motion that it should itself, as authorized by statute, proceed in this case to "exercise the powers conferred upon the juvenile court.
But we agree with the Court of Appeals in Black that. It is the Juvenile Court, not the District Court, which has the facilities, personnel and expertise for a proper determination of the waiver issue. Ordinarily, we would reverse the Court of Appeals and direct the District Court to remand the case to the Juvenile Court for a new determination of waiver. If, on remand, the decision were against waiver, the indictment in the District Court would be dismissed. United States, supra. However, petitioner has now passed the age of 21, and the Juvenile Court can no longer exercise jurisdiction over him.
In view of the unavailability of a redetermination of the waiver question by the Juvenile Court, it is urged by petitioner that the conviction should be vacated and the indictment dismissed. In the circumstances of this case, and in light of the remedy which the Court of Appeals fashioned in. Black, supra, we do not consider it appropriate to grant this drastic relief. If, however, it finds that the waiver order was proper when originally made, the District Court may proceed, after consideration of such motions as counsel may make and such further proceedings, if any, as may be warranted, to enter an appropriate judgment. Black v. There is no indication in the file that the police complied with the requirement of the District Code that a child taken into custody, unless released to his parent, guardian or custodian,.
The elicited statements were not used in the subsequent trial before the United States District Court. Since the statements were made while petitioner was subject to the jurisdiction of the Juvenile Court, they were inadmissible in a subsequent criminal prosecution under the rule of Harling v. In the case of adults, arraignment before a magistrate for determination of probable cause and advice to the arrested person as to his rights, etc. Rules Crim. In Harling v. United States, supra, the Court of Appeals for the District of Columbia has stated the basis for this distinction between juveniles and adults as follows:. In Edwards v. He may be held in custody by the juvenile authorities -- and is available to investigating officers -- for five days before any formal action need be taken.
There is no duty to take him before a magistrate, and no responsibility to inform him of his rights. He is not booked. The statutory intent is to establish a nonpunitive, noncriminal atmosphere. We indicate no view as to the legality of these practices. United States, supra, U. At the time of these events, there was in effect Policy Memorandum No. It is set forth in the U. This Memorandum has since been rescinded.
See United States v. Caviness, F. It should be noted that, at this time, the statute provided for only one Juvenile Court judge. Congressional hearings and reports attest the impossibility of the burden which he was supposed to carry. Hearings before Subcommittee No. The statute was amended in to provide for three judges for the court. On February 5, , the motion to the District Court to constitute itself a Juvenile Court was denied.
The motion was renewed orally and denied on February 8, , after the District Court's decision that the indictment should not be dismissed. The District Court had before it extensive information as to petitioner's mental condition, hearing upon both competence to stand trial and the defense of insanity. Differing client needs and challenges allow clinicians to search for creative solutions. Opportunities for self-employment. Downsides Insurance companies require that clinicians keep extensive client records, so there is a considerable amount of paperwork.
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