Pre-adjudication Review of the Social Record in Juvenile Court: A Low-Visibility Obstacle to a Fair Process

Abstract

Substantial numbers of juveniles continue to be deprived of constitutional protections in the juvenile courts, contrary to the letter and spirit of recent United States Supreme Court decisions. This is the result more often than not of informal and low-visibility practices in the juvenile courts which court decisions have left unchanged. Among these practices is the review of the social record by the judge prior to an adjudication of delinquency. Professors Frey and Bubany discuss this practice and provide suggestions for improving the juvenile court process.