Juvenile Delinquency Guidelines: Improving Court Practice in Juvenile Delinquency Cases SIXTEEN KEY PRINCIPLES

This article is excerpted from the National Council of Juvenile and Family Court Judges' landmark JUVENILE DELINQUENCY GUIDELINES: Improving Court Practice in Juvenile Delinquency Cases, Chapter I, Foundations for Excellence, published in 2005. Beginning with a basic discussion of why separate courts for juveniles and adults continue to be necessary, the article describes the goals and key principles of a juvenile delinquency court of excellence.     

A Family Affair: The Juvenile Court and Family Violence Cases

Little attention has been devoted to studies of adolescent family violence offending, yet research on adult populations show that victim relationship may make a difference in how offenders are treated in the criminal justice system. Given that the intergenerational transmission of violence may operate through adolescent family violence, a detailed examination of these youth is warranted. Through an analysis of detained youth in a small northeastern state, this study examines differences in court treatment between family and non-family offenders. Family violence offenders are significantly more likely to be minor offenders and to be female than are non-family offenders. Results of logistic regression show that, all else being equal, family violence youth are treated more leniently by the court than non-family offenders. Finally, while most youth are released to community dispositions, there are no differences in court-ordered family counseling between family and non-family offenders. These findings point to areas of needed research on adolescent family violence offenders and larger policy questions about how such youth should be treated relative to other youth. A previous version of this paper was presented at the 2003 Annual Meeting of the American Society of Criminology, Denver, CO.     

Protecting and Supporting Children in the Child Welfare System and the Juvenile Court

The impact of childhood trauma can be substantial and long term. Prevention of additional trauma should be the guiding principle for all professionals working with children in the child welfare and juvenile court systems. This article addresses ways these two systems can protect and support children before they enter the courtroom. This is accomplished by obtaining, sharing, and utilizing a complete trauma history on the child, as well as putting measures in place to protect against system‐generated trauma. It will also address how to reduce the trauma associated with testifying using psycho‐educational programs, and involving a caring, sensitive judge.     

Troubled Children and Children in Trouble: Redefining the Role of the Juvenile Court in the Lives of Children

This Essay considers the emerging research in the area of dual‐jurisdiction children, often referred to as “crossover kids”—those currently or previously involved in maltreatment proceedings who have also committed delinquent acts. Part I describes the development of the juvenile courts in the early twentieth century. Part II of this Essay questions the need to “track” children along one legal path or another and points to the pitfalls of providing services to some children through a criminal justice paradigm instead of treating all children through a social work paradigm. Finally, Part III advocates a redesign of the juvenile court—a return to its roots—to better enable a court to consider the needs of the whole child, in context with the needs of her/his family.     

When Systems Collide: Improving Court Practices and Programs in Dual Jurisdiction Cases

The purpose of this article is to identify promising court‐based or court‐linked practices and programs that can effectively address the difficult challenges posed by dual jurisdiction cases. It is an initial effort to present what courts are currently doing or what courts can do to improve coordination of dual jurisdiction matters.     

Juvenile Court Context and Detention Decisions: Reconsidering the Role of Race,Ethnicity, and Community Characteristics in Juvenile Court Processes

The relationship between race/ethnicity, community dynamics, and juvenile court processes has long been established. Prior research has relied on city‐ or county‐level measures of community characteristics (e.g., racial composition, poverty) to examine how racial groups are processed within juvenile courts. To date, no study has utilized finer scale measures of geographic areas to examine how characteristics of juveniles’ communities impact court decisions. By utilizing official juvenile court data from a city in the southwest, this study draws upon attribution theory to examine how economic and crime community‐level measures directly and indirectly influence detention outcomes. Findings reveal that the effect of race and ethnicity in detention outcomes varies across communities, and the effect of ethnicity in detention decisions is mediated by economic community‐level measures. The theoretical and policy implications of the study findings are discussed.     

Intrafamilial Child Sexual Abuse Intervention: The Impact of Juvenile Court Hearings and Felony Trial Diversions

Traditional felony prosecutions of child sexual abusers are problematic because physical evidence is uncommon (Bulkley, 1982b), making the charges difficult to prove. In such instances, the case will hinge on the testimony of the child victim, who may be secondarily victimized by the process. When the accused is a family member, the problem is compounded if the child is afraid to testify against a relative (Costin, et al, 1991). Necessary treatment for the offender andvictim is not forthcoming in traditional felony litigation and the already disrupted family will suffer further. As a corrective response, mental health and legal professionals have collaborated to create innovative intervention strategies in many jurisdictions. In 1981, more than 300 such programs were identified by the National Center on Child Abuse and Neglect (unpublished list). The number is probably higher today. This article investigates child sexual abuse intervention strategies by focusing on three jurisdictions in which felony trial diversions, juvenile court petitions, and treatment programs are intertwined into intervention strategies for first-time, intrafamilial offenders. The purpose of this article is to describe the three programs, then analyze the strategies to determine the type of services each client received.     

The Predisposition Report,Decision-Making,and Juvenile Court Policy

Abstract With the 1999 approach of the juvenile court's first centennial in this country, it behooves us to pick up the pace of policy reformulation for the entire juvenile justice system. Given the enormity of that task, it would be wise to encourage researchers to begin building a larger, empirical data base to enhance this reformulation. This study contributes to that task by focusing on a key major component, the decision-making process involving factors leading to institutional placement. Over seventy indicators drawn from the case histories of 162 male delinquents were examined. One half of these youths had been sent to a state training school; the other half consisted of a randomly matched sample of noninstitutionalized court referrals. A set of indicators which add insight into this crucial decision and which show promise for increasing court effectiveness is identified. Among other recommendations, the authors advocate reexamining an under-used resource – the mounds of closed juvenile cases, including the predisposition reports, subsequent developments, and outcomes.     

A Judicial‐Mental Health Partnership to Heal Young Children in Juvenile Court

In this article, we describe the background and issues to be addressed related to dependent children in juvenile court. In an important effort to systematically examine developmental functioning and treatment needs in maltreated and violence‐exposed young children, the Prevention and Evaluation of Early Neglect and Trauma (PREVENT) initiative of the Dependency Court Intervention Program for Family Violence, a national demonstration project in the Miami‐Dade Juvenile Court, developed a program to evaluate all infants, toddlers, and preschoolers who are adjudicated dependent by the court. The goal of the intervention is to raise awareness of the needs of infants and toddlers in juvenile court and to work toward healing the child. The PREVENT program involved the evolution of a judicial‐mental health partnership designed to assist the court in making more informed decisions about the best interest of the child by adding scientific knowledge about development, prevention, intervention, evaluation, and treatment. The outcome of the partnership and multidisciplinary approach is illustrated through presenting a case vignette of a mother and baby showing the challenges and strengths of intervention. Finally, we consider overall outcomes of the intervention and directions for the future.     

论民事证人拒不出庭作证的法律制裁

对民事证人拒不出庭作证予以法律制裁,是证人出庭作证制度的重要内容之一。由于我国《民事诉讼法》对此没有规定,最新司法解释亦未补充,司法实践中便无法操作,这成为我国证人出庭率偏低的重要原因。文章结合国外立法例,对目前学界提出的几种对拒不出庭证人的制裁措施逐一分析:排除证据使用,符合我国目前审判方式改革潮流及证人证言证据的特点;承担诉讼费用亦符合民事诉讼的本质;罚款是国内外普遍接受的方式;拘传与拘留在我国目前有其存在的必要性;刑罚制裁则不符合我国的实际情况,不宜采用。     

A Study of Maltreated Children and Their Families in Juvenile Court. III. Case Plans

We reviewed publicly available court records of 88 cases referred to juvenile court for maltreatment in Hennepin County, Minnesota. The goal of the current study was to examine the content of, and extent of compliance with, case plans. There was an average of 9.5 items per child on the case plan. About half the case plans did not address at least one presenting maltreatment type. Compliance was generally high for items ordered for the children, and for cases that ended in family preservation. However, information on compliance was not included in the court records for many of the items.