Two separate questions must be answered when a child is charged with delinquency. The first is whether he has committed the alleged act. If the child is found to be delinquent, the second question is what action the court should take to correct the child's delinquency. Both questions may be considered in a single hearing or they may be separated and determined in two hearings.
The author examines the latest changes in Maryland's Patuxent Institution resulting from the 1988 revisions in the state's Article 31B (the so-called “Eligible Persons” statute, originally the “Defective Delinquency” statute). He argues that these changes, the latest in an increasingly restrictive series of modifications in the law, resulted from the failure of the institution's staff to overcome its isolation from the evolving standards by which the community judges its efforts to punish and/or rehabilitate serious criminal offenders.
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