Remnants Of Parens-Patriae In The Adjudicatory Hearing - Is A Fair Trial Possible In Juvenile-Court

    Authors

    J. B. Sanborn

    Comments

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    Abbreviated Journal Title

    Crime Delinq.

    Keywords

    DIFFERENCE; LAWYERS; Criminology & Penology

    Abstract

    Traditionally, adjudicatory hearings in juvenile court operated under the direction of the parens patriae doctrine, the state's obligation and license to care for children. Adjudications were achieved in informal, clinic-like sessions. The Supreme Court purportedly transformed juvenile court hearings into criminal-like trials via the Gault and Winship decisions. This research examines the extent to which juvenile court personnel currently perceive remnants of parens patriae in the adjudicatory hearing. One hundred workers (judges, prosecutors, defense attorneys, and probation officers) from three different juvenile courts (urban, suburban, and rural) were interviewed concerning sources of unfairness in the contemporary adjudicatory hearing. The results indicate that court workers see numerous obstacles to fairness in the juvenile court adjudicatory hearing.

    Journal Title

    Crime & Delinquency

    Volume

    40

    Issue/Number

    4

    Publication Date

    1-1-1994

    Document Type

    Article

    Language

    English

    First Page

    599

    Last Page

    615

    WOS Identifier

    WOS:A1994PG78600008

    ISSN

    0011-1287

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