Comment, a Reappraisal of Juvenile Delinquent Proceedings in New York
Katheryn D. Katz
Albany Law School
Albany Law Review, Vol. 34, p. 122, 1969
Albany Law School Research Paper
This article was prompted by the often ignored fact that the juveniles who come under the delinquency jurisdiction of the Family Court are an unrepresentative sample of our youth, with the poor and the black appearing in disproportionate numbers. Professor Paulsen has noted that this phenomenon “transforms the court into a class institution, a fact which may inhibit its development and indeed, may have an impact on all sorts of legislative choices.”
This article will attempt to look at some of the provisions of the act which may work an unintended injustice on the impoverished or minority group child and his family and to suggest changes in the statutes. These suggestions are offered in spite of the realization that procedural due process alone cannot solve the problems of the juvenile court system. “The failure of the juvenile court to fulfill its rehabilitative and preventive promise stems in important measure from a grossly over-optimistic view of what is known about the phenomenon of juvenile criminality and what even a fully equipped juvenile court can do about it.” It is submitted that there is a great need for further research into means of protecting society against destructive acts, while at the same time protecting children against unwarranted intervention with their freedom.
Number of Pages in PDF File: 18Accepted Paper Series
Date posted: July 13, 2010
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