Due Process and Juvenile Justice (original) (raw)

The Encyclopedia of Criminology and Criminal Justice, 2013

Abstract

When juvenile court was introduced in 1899, due process for the youths processed there was not among its concerns. For more than six decades juvenile court operated more like a clinic than a court of law. In the late 1960s and early 1970s the United States Supreme Court extended to juvenile defendants a few constitutional rights that the Court believed constituted “fundamental fairness.” Today, youths prosecuted in juvenile court certainly have more due process rights than were granted in that forum in the first half of the twentieth century, but they do not have the due process protections guaranteed to adult offenders. Keywords: domino theory; due process adjustment; “no rights” formula; rights as harmful; rights as inapplicable; rights as inappropriate; rights as undeserved

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