A Brief Analysis of Some Elements of a Proposed Model Juvenile Code
117 Pages Posted: 5 Nov 2014
Date Written: Augst 2006
This article presents key elements of a proposed Model Juvenile Code. The proposed model code is based on research regarding statutory schemes in other jurisdictions; a review of the literature in multiple relevant disciplines; consultation with academics and practitioners recognized as knowledgeable in relevant fields; and an examination of other efforts to draft a model juvenile code. The proposed model code includes specific provisions which authorize and limit the State's responsibility and authority for children and families arising from governmental intervention. It seeks — in a small but (I hope) important way — to give some life to Victor Vieth's challenge that "We must . . . be dedicated to overcoming any roadblock that separates children from justice." For instance, the proposal: (1) requires children alleged to be abused or neglected actually be seen by the court; (2) defines exposure to domestic violence as child abuse; (3) expands due process rights for children charged with violating the law by mandating they consult with counsel before being interrogated as suspects; and (4) recognizes the importance of providing extended opportunities for state rehabilitation by fashioning multiple methods to structure treatment for law violators. This article presents an overview of these four representative elements of a Proposed Model Juvenile Code.
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