Comment, a Reappraisal of Juvenile Delinquent Proceedings in New York

Albany Law Review, Vol. 34, p. 122, 1969

Albany Law School Research Paper

18 Pages Posted: 13 Jul 2010  

Katheryn D. Katz

Albany Law School

Date Written: 1969

Abstract

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.

Suggested Citation

Katz, Katheryn D., Comment, a Reappraisal of Juvenile Delinquent Proceedings in New York (1969). Albany Law Review, Vol. 34, p. 122, 1969 ; Albany Law School Research Paper. Available at SSRN: https://ssrn.com/abstract=1639444

Katheryn D. Katz (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

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