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Full-Text Articles in Law
The Right To Treatment For Juveniles In Texas: A Legislative Proposal., Mark H. Marshall
The Right To Treatment For Juveniles In Texas: A Legislative Proposal., Mark H. Marshall
St. Mary's Law Journal
Studies of adult prison populations show large percentages of such populations are juvenile offenders. The right to treatment concept emerged as a solution to this perplexing problem. The right to treatment guarantees juveniles post-adjudicative care and treatment aimed at rehabilitation. Courts have indicated a willingness to support the right to treatment concept. However, legislatures limit courts power to affect change. To fully implement the right to treatment, legislatures must establish an express right to treatment for institutionalized juveniles and set standards to ensure this right. The Texas Legislature has an excellent start toward this goal, but it should not be …
Due Process And The Juvenile Offender., Carlos Cadena
Due Process And The Juvenile Offender., Carlos Cadena
St. Mary's Law Journal
For over sixty years, courts consistently found notions of due process inapplicable in juvenile proceedings. The goal of the juvenile court movement was to establish systems of education and protection of errant children, rather than deterrence and retribution. To accomplish these results, the juvenile court was shorn of all resemblance to criminal courts. Public hearings were to be avoided and the intervention of counsel was not required, since the juvenile judge represented both the child and the state. However, it became clear that children were receiving the protection of the state because they engaged in criminal conduct and with little …