Last Page Edit 12/17/07

 

 


Researching Juvenile Justice Law in Maryland

 

Statutes

 

Juvenile delinquency law is largely governed by statute. In Maryland, the official source of the state statutes is the Annotated Code of Maryland. All Maryland law libraries (list) and many Maryland public libraries (see SAILOR, Maryland's Online Public Information Network sponsored by Maryland public libraries) carry the Annotated Code of Maryland in print. For your convenience, this guide provides links to Maryland's statutes in a free web database maintained by Lexis-Nexis. Keep in mind, however, that the print version may be more useful in your research because it provides summaries of and citations to cases that have interpreted each statute. The free web version does not give summaries of case law.

 

Citations to Maryland juvenile justice statutes (available online from Lexis-Nexis; click the "+" next to Maryland Code to see a list of titles):

  • Md. Code Art. 83C: Juvenile Services. Includes the statutes defining the duties and powers of the Maryland Department of Juvenile Services (formerly the Department of Juvenile Justice), and authorizing the Department to make administrative regulations for guarding the confidentiality of juvenile records, managing juvenile care facilities, and providing probation, mental health and other services to youths in the juvenile justice system.
  • Md. Code Criminal Law Article
  • Md. Code Courts and Judicial Proceeding Title 3 Subtitle 8A

    For more information on researching Maryland statutes, see Finding Statutes and Searching for Maryland Statutes When You Don't Have a Citation.

     

     

    Court Rules

     

    The court rules governing juvenile proceedings appear in Title 11 of the Maryland Rules of Court (available online from Lexis-Nexis; click the "+" next to Maryland Rules to see a list of titles). The print version of the court rules, like the print version of the statutes, has the advantage of providing summaries of cases that interpret the rules. You may therefore wish to visit a library to do your rules research in print, instead of relying on the web version. For more information on the Maryland Judiciary's Family Divisions and Family Services Programs, see the Maryland Judiciary Department of Family Administration home page.

     

    Regulations & Policy Documents

     

    The Maryland Department of Juvenile Services has made extensive regulations concerning the construction and management of juvenile facilities, as well as the provision of services to youths in the juvenile justice system. The Department's regulations are published officially in Title 16 of COMAR (the Code of Maryland Administrative Regulations), the print version of which is available in all Maryland law libraries (list) and many Maryland public libraries (SAILOR). The Department's regulations are also available electronically on the Division of State Documents home page. The Department has also issued several policy documents, including statements of its policies on the use of force and the prevention of suicide in juvenile facilities. These policy statements are available on the Department's home page, here. Other policy documents of interest include the following:

     

    For more information on researching Maryland administrative regulations, see Finding Maryland Regulations without a Citation.

    Cases

     

    There are several ways to begin research into juvenile justice case law. One way is to find the statutes that apply to your situation in the Annotated Code of Maryland, then look at the case summaries that follow them. You can find additional cases by reading books that explain Maryland juvenile justice law and noting the cases they cite. Another method of finding cases is to search the Maryland Digest, which is a big subject index to Maryland case law. The Maryland Digest arranges summaries of published cases by legal issue using something called the "topic and key number" system. Once you know the topic and key number combination that represents your issue, look up that topic and key number in the Digest and you should find a list of summaries of cases that discuss your issue. Each summary includes a citation to the full text of a case. Some topic and key numbers that are likely to lead to cases about juvenile justice issues include

    • Issue: jurisdiction of juvenile courts - Topic & Key Number: Infants k. 68.5
    • Issue: evidence in juvenile court proceedings - Topic & Key Numbers: Infants k. 171-181
    • Issue: right to an attorney - Topic & Key Number: Infants k. 205
    • Issue: correctional institutions for juveniles - Topic & Key Numbers: Infants k. 271-280

     

    For more information on researching Maryland case law, see Finding Maryland Case Law and Finding Case Law by Subject.

    Source: This section developed by Sara Kelley, Librarian, Georgetown University Law Library, in partnership with the Maryland Legal Assistance Network. 

    Last Review Date 10/04 (MLAN/AC)

    Is this legal advice? This site offers legal information, not legal advice.  We make every effort to ensure the accuracy of the information and to clearly explain your options.  However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney.  See our section on Finding Legal Help.

    About this website. The Maryland State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. The website was developed (1999-2007) as part of an access to justice initiative by the Maryland Legal Assistance Network (MLAN) in collaboration with a number of legal services providers serving low and moderate income Marylanders.  In the absence of file-specific attribution or copyright, the Maryland State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland State Law Library, 2007.”

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