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Juvenile Detention: Right and Adequacy of Treatment Issues

Published online by Cambridge University Press:  01 July 2024

Carl P. Malmquist
Carl P. Malmquist*
Affiliation:
University of Minnesota
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Extract

Among the multiple issues raised dealing with the future of the juvenile process, legal issues appear to predominate. These issues have taken on new momentum since the Gault case, but have become of increasing concern for at least the last decade (In re Gault, 1967). Such issues as a timely notice for a hearing, content of such notices, the vagueness and in-definiteness of statutes pertaining to pleadings, right to counsel, right to confrontation of witnesses, and the privilege against self-incrimination have been guaranteed to juveniles under due process. In connection with the question of this paper, it should be noted that Gault applied only to proceedings in which the determination of delinquency could result in a commitment to an institution in which the freedom of the juvenile would thus be curtailed. Additional legal issues can be raised as well, focused on the various stages of apprehension, intake, adjudication, and sentencing. Such matters in the juvenile process as discovery, right to a speedy trial, public proceedings, jury trial, and change of venue, are some related due process issues which still remain basically unsettled in different jurisdictions.

Type
Research Article
Information
Law & Society Review , Volume 7 , Issue 2 , Winter 1972 , pp. 159 - 193
Copyright
Copyright © 1972 The Law and Society Association

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Footnotes

EDITOR'S NOTE: In the interest of conserving space, all substantive footnotes have been deleted from this article. Copies of the footnotes and the complete reference list can be obtained by writing Law and Society Review, Department of Political Science, University of Minnesota, Minneapolis, Minnesota 55455.

References

Cases

In re Gault, 387 U.S. 1 (1967).Google Scholar
Rouse v. Cameron, 373 F.2d 451 (1966).CrossRefGoogle Scholar
Wyatt v. Stickney, 325 F. Supp. 781 (1971).Google Scholar

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