 Hey, dismiss. We weren't going to steal a whole car. We were just going for a jewelry ride. I'll jewelry ride you, you numbskull, now get him! Oh, Sam, let's go! Of all that is buried in the sea, dark down the trail of the innocent, one of the home factors, and what can the law do for him before it's too late? What can happen to have him? Hey, dismiss. WMAQ, in cooperation with the Chicago Bar Association, presents Case Dismissed. This is the story of legal rights. How vital to preserve and protect them. How easily they may be lost. Today's story begins in the law offices of Robert Dayton. A young newspaper reporter sits opposite him. Well, Mr. Dayton, as I explain on the phone, my paper is starting a series on juvenile delinquency. From a constructive angle, of course. Thank goodness for that, Mr. DeWitt. It's had more than its share of destructive publicity, especially when it comes to exaggeration. But why have you come to me? Well, sir, you're widely known for your good work in movements designed to cure juvenile delinquency. I'm glad you used the word cure, Mr. DeWitt. Delinquency is really a disease of a sick society reflecting the insecurity of the time. That's why parents with stable emotions and a mature family life seldom have problem children. Well, Mr. Dayton, I'd like you to give me the lawyer's viewpoint on juvenile delinquency. Well, sir, although the family lawyer can be as helpful as the family doctor if he's summoned in time, once a delinquent act is taken place, the lawyer's role becomes of minor importance. You mean there's not much he can do for a youngster? No. Actually, I mean that the law is much more important than the lawyer because, well, Illinois was a pioneer in thoughtful legislation for juveniles. Thoughtful? Yes. Prior to 1899, if a child over ten years of age got into trouble, he could be jailed and then taken before the criminal court where a permanent public record was made. Then the Illinois legislature, pioneered in making a new application of an old doctrine of English law under which children could be treated as wards of the state and protected by the law chancellor. That was the basis for the Illinois law creating the juvenile court now called the family court. In other words, the state had a responsibility to its youngsters until they reached adult age. That's right. They became wards of the court if they were juvenile, meaning under 17 if a boy or under 18 if a girl. Just what did this Illinois law do, Mr. Dayton? Well, basically it changed the entire attitude toward young people who get into trouble. It doesn't aim at punishment. It offers treatment of an ill, which is what delinquency is after all. I see. Now, there's a big difference between an official and an unofficial delinquent. The official delinquent is one who gets caught. The unofficial delinquent is a member of a gang, what we call a natural play group, which indulges in delinquent acts, anything from skipping schools, vandalizing homes and classrooms, and from running away from home to sexual misconduct or stealing cars. It's both an individual problem and a group problem. Yes, I can see that now. I'd like you to see it even more plainly. I'd like to tell you about Billy. Billy? Yes, we'll call him Billy Stone. His father works for an engineering concern, fancies himself quite an intellectual. Billy's mother is an affectionate woman, friendly and sincere, and an accomplished musician. The first time we meet Billy, he's 12 years old. Yes, Carl? Would it be asking too much for you to sing that infernal racket? But, Carl, I get so little time at my piano. The evenings... That's the way we'll keep it, Lydia. The only reason I bought this home with the extra bedroom was so that I'd have a place to go in the evenings to read my books. And what comes crashing through the walls? Your piano music. But, Carl, I only play the piano for diversion. If you'd just come out of that room of yours once in a while, be a part of your family. I don't want to be a part of my family. Everyone knows I have better use for my idle time than to spend it with a wife whose only topic of conversation is the latest trashy romantic novel and a son who's both a weakling and a dull student. What is true? I set up a punching bag outfit for Bill in the basement. He takes a couple of swipes at it and forgets the whole thing. Then I try to interest him in a chemistry set. After one experiment, it's too much trouble for him. The same thing happened in the mineral collection. I take time out to help him as the father should, and he doesn't even appreciate it. But you're so short with him, Carl. One mistake and you're telling him how wrong he is. How dull he is. Well, he is. Bill is a total loss when it comes to learnings. Carl, he didn't hear you. What difference? The boy will never amount to anything. He isn't interested in anything worthwhile. But he wants to learn to play the piano. I said worthwhile. And don't let me catch you teaching him that sissy's hobby. Do you understand, Lydia? I understand, sir. And another thing. You can just tell your stupid gang of friends and eat and come over here tomorrow night. I won't waste my valuable time talking to their inane small talk. I don't choose to be bored. Tell them to stay home. But, Carl, that's not fair. They're nice people. And if you'd just come out of that cave of yours and stop being a hermit, you'd enjoy them. Hermit, eh? Now that's the only worthwhile existence I can find in this dull family. Are you good to tell those morons to stay home? Carl, I can't, sir. Lydia, I'm warning you. Tell them to stay home. Carl, please. Please, don't you're hurting my arm. Carl, please. Now that you're hurting my mother, stop it. Oh, so Mama's boy gets fresh with his father, eh? Carl, how could you all come here, Billy, dear? That little fool. He won't cry. Why doesn't he cry? No, Billy didn't cry, no matter how much you wanted to. But he did in the privacy of his room. From the following afternoon, he fails to return from school. His father raged and his mother waited in stony fear for Billy to come home. And finally, that night. Well, the bar you're looking for? Yes. We have him here at the police station. Knapped him just as he was bored in the bus. Oh. That he wanted to leave home for good. Oh, he did, eh? Will you hold him there, officer? I'll be down shortly. I'll teach that brat to run away from me. Billy's father taught the boy in no uncertain terms. His mother stood by, broken hearted, unable to stop him. Shortly after this, she began having violent headaches and returning to her room for long periods of time, semi-invalid. And Billy? Well, young Bill's confidence gradually disappeared. He lost all faith in himself as his father continued the heat scorn on him, regarding him as a slow-witted youngster with no future, whatever. You know, it's hard to believe their father's like that. Yes, it is, Mr. DeWitt. Bill's record begins to show reports of truancy now. Not serious in themselves, but dangerous signals of an unstable young fella. A year later, when Billy was 13, the Stone family moved to a new home, this time in an industrial suburb of Chicago. There, the emotionally upset boy fell in with a gang of young delinquents. Well, the influence of his new companions began to show up at home now, vulgar language and more defiant attitude, a secretive evasive manner. He began using every trick he knew to stay out later and later with his gang. His mother became more upset, and his father more viciously domineering than ever before. Trouble was in the air, and it wasn't long in happening. Yes? Oh, it's you, Mr. Gardner. Is this your boy, Stone? Billy? Yes? What's he been up to? Fanny. I caught him with another kid driving off with my car. The other kid got away. They were stealing the car. What? We weren't going to steal his old car. We were just going for a joy ride. I'll joy ride you, you numbskull, now you get inside! Ow! Got it out! Inside there, I'll take care of you later. As you might have expected, Carl Stone beat his son Billy unmercifully. He tried to beat the name of Billy's partner out of him, but already he'd learned the code of the underworld. The respect of the gang meant everything to him. His quivering lips remained sealed. The neighbor threatened to inform the police of Billy's act, and Carl, the father, did little to prevent it. But Billy's mother rallied to his cause and went to see the only person of influence she knew, a precinct captain. He advised her strongly against letting the boy associate with tough characters. Said he'd talked to Mr. Gardner. That the boy might have a police record if the police heard of it. And Billy got off this time. His few remaining privileges taken away by his father, Billy's existence at home became more and more bitter. To make matters worse, the domestic discord between father and mother increased. Billy turned more and more to his gang, and he began using every ruse in the book to get out of his house and join them in the evening. Sometimes he succeeded, often his father discovered the secret and thrashed him for it. Kept close to home, Billy found little to occupy his idle hours. To encourage his interest in music, Lydia Stone bought a phonograph for a 13-year-old son, and warned him to play it in his room only when his father wasn't home. Billy did his best, but one day he slipped. Dad, you're home early. That disgusting music! Here, give me that! What are you going to do with my record? Dad, don't smash it! Don't! Where did you get this infernal machine? It was given to me, but somebody gave it to me. Give it to me? No! I said give it to me! Oh, all right! I'll put this where you'll never use it again. The fine thing, a child as slow-witted as you, wasting time listening to a phonograph when you should be studying, trying to catch up with your class. I'll put this where you'll never use it again. I'll put the phonograph when you should be studying, trying to catch up with your class. Don't worry. I'll get fine. What's that? I said don't worry. I'll get fine. I'll attend to you later, young man. You stay in your room! After this incident, Billy turned even more completely to the gang. Not only did they accept him as one of their own, they had a makeshift clubhouse where a boy could forget his own unhappy home, and in it was a phonograph. Every kid in the gang loved the latest hot records, and they'd play them over and over, even if somebody had steal them from a record shop. And that, by the way, leads to young Billy's downfall. But he was caught stealing phonograph records? Well, yes and no, Mr. DeWitt. One evening, Billy succeeded in outwitting his parents with the excuse of having to go to the public library nearby for school work. Instead, he met three other members of his gang, two boys and a girl. The objective of the night was burglary. The store was the peerless music center, not far from the home neighborhood, and well cased by the young delinquents. From the alley, they made their way to a side window. Like hardened criminals, they jimmied the window quickly and made their way inside the store. The cheap strongbox was easy enough to find and easy to carry, but... hoping it was quite another matter. While the two older boys struggled at the cash box, Billy and the girl inspected the music store. Billy, despite a stack of new LP recordings, slipped a few choice items underneath his jacket. Something to please the gang, he thought. Something to make them proud of me. Finally, a splash of yellow light from the front window fell on the four of them. The night policemen making his rounds. They scrambled to their feet. The oldest boy tucked the metal box under his arm and gave the order to run and separate. They ran. Stop! Stop or I'll shoot! Billy's stone ran all the way home, then paused outside to catch his breath before entering, fearful of causing suspicion. Then he went in and headed straight for his room and his bed. His mother, ill as she was so frequently lay asleep in the room, Billy's father, by himself with his books, has always heard the boy enter and was content with that. Billy was frightened. He lay there in the dark half expecting to see a policeman enter his bedroom, tense for the ring of the doorbell. But it didn't happen until the following morning. A Saturday. Are you Mr. Carl Stone? Yes, officer. You have a son, Billy Stone. That's right. What's he done, officer? I wonder if I could see him, sir. I'll get him, officer. There's been a burglary in the neighborhood, sir. We only know he's been seen with a bad bunch of kids. I'd like to question him, please. Certainly, I'll go get him right away, officer. The police officer questioned Billy at length about his friends and his activities of the night before, but he learned little. It was incredible that a 13-year-old child could be so steeped in the code of the criminal. But the officer wasn't taken in. He knew his juvenile delinquents, and so he took steps to double-check Billy's story. Billy, I found these phonograph records in your room. Where did you get them, son? Well, tell the officer I'll take it easy, sir. Billy, where did you get these records? A friend gave them to me. I see. When did this friend give them to you? I think it was about a month ago. Who was this friend, son? I don't know. It was Charlie. Charlie Smith. You're lying. You don't know any Charlie Smith. How do you know? You don't know any of my friends, Dad. You don't know anything about me. I'm sorry, Billy, but these records aren't a month old. They have the Peerless Music Center stamp on the back of the album. You see, they were taken from the Peerless Music Center last night, weren't they, son? Well, speak up, handsome, the officer! Billy, you're going to have to come with me. I suppose you're taking him to the police station. No, sir. I'll take him to the juvenile detention home intake. The juvenile detention home intake is part of the juvenile court building, and there the treatment for Billy's affliction began. Not punishment, mind you, but treatment. These are friendly, well-trained social workers who toil only for Billy's betterment in a quiet, confidential way at all times. Knowing the information won't be used against him, Billy makes a clean breast of the burglary, as well as his earlier escapades. Well, then the precinct captain was wrong when he warned Billy's mother about the authorities record. Is that right, Mr. Dagen? Yes, indeed. As a matter of fact, Mrs. Stone made another mistake trying to enlist the precinct captain's aid again in Billy's case. The family court doesn't respect that kind of interference. I certainly can see why. Well, the following day, Billy was scheduled to appear before the complaint department of the juvenile court. His parents were notified and were asked to appear with him before the staff of social workers making the initial determination of the case. That was when they asked me to represent them. As you might have expected, the father preached and the mother sympathized and never once did the two get on common ground. As the staff of social workers listened, they got the complete picture of Billy's life and they prepared to make their initial determination of the case. Oh, the social workers make the original decision? Yes, Mr. DeWitt, they have four alternatives. One is filing a petition alleging incorrigibility and setting a court date, in which case the youngster is returned to the detention home. A second possibility is that a complaint can be taken, that is a record made of the offense and turned over to a probation officer who later checks with the family on the child's behavior. In this case, the child goes home with his parent. A third method is the making of a letter file in the complaint department. It's not referred to a probation officer and the youngster, of course, is released immediately. The fourth possibility is rare, and that's where the case is dismissed and no further action taken. Well, what happened in the Billy Stone case? Well, Billy's past record was largely in his favor, but the seriousness of breaking and entering and burglary was sufficient to warrant a court appearance. A date was set and Billy was returned to the detention home, but only overnight. The next day, the court referee considered his case and released Billy to his parents. And then I suppose nothing happened until the day of the court appearance. What a great deal happened. A probation officer visited the Stone family and Billy and put together a thorough social history on each of them. She learned about their backgrounds, their personalities and attitudes, their family relationships, everything that had any bearing on Billy's habits, emotions and tensions. It was obvious that the unrelenting and domineering attitude of Carl Stone was the one major factor in Billy's feeling of insecurity and inferiority. All this he could forget when he was with the gang, where he was unequal as long as he kept their rules. Before the probation officer concluded her interviews with the Stones, each of them made rather revealing statements about their plans for the future. I feel that I've let my own emotions run away with me at Billy's expense. I think if I spend less time in bed worrying about my own troubles and ailments and more time counseling Billy and offering him constructive guidance, well, I'm sure he'll have no more problems he can't bring home. Well, I can't stand by and see Billy bring more shame on the good name of Stone. Maybe maybe I can do something. I'll try to extend myself a little in an attempt to understand the boy. I'll give you my word on that. I know I've done wrong, sir. In honest, it isn't fun stealing and things like that. The fun is just belonging to the gang. Most of the kids feel the same way. After a while, you get the idea that you can't stop it. I think if they all had a chance to start over, they'd be pretty good kids. And what about you, Billy? You can count on me, ma'am. I've learned my lesson, and I'm going to mind my parents and behave from now on. I won't be getting into trouble again, ma'am. The probation officer took a favorable view of the future as she prepared her report for the family court judge. She's not only a part of the family but the re-new determination of his mother, coupled with Billy's healthier attitude promised real hope. When did the court hearing take place, Mr. Staten? About four weeks after the original appearance in the complaint department. Before that, however, the state's attorney's office has the right to demand that a case involving a crime, as Billy's did, be turned over to the grand jury for action. You mean he could be prosecuted as a criminal? Yes. The courts have held that our law and civil-no-delinquency But there are quite a few ifs in that, Mr. DeWitt. First of all, if the child is under 10 years of age, he's presumed to lack criminal capacity and can only be proceeded against as a delinquent. I see. If he's between 10 and 14, criminal prosecution is possible only at the state's attorney's discretion. And if the state's attorney can prove the child knows the difference between right and wrong. And Billy wasn't quite 14. That's right. And the state's attorney's office decided against criminal prosecution. So the family court proceeding took place as scheduled, again with no reporters or spectators present. I was there again purely as legal counsel for the stones to help explain any technicalities that might not be completely clear to them. The police officer who had apprehended Billy read the charge to the judge of the family court. Billy, are the facts exactly as the officer read them? Yes, sir. That's all true. All right. And I think we'll ask you a few questions, Billy. And then a few questions of your parents. Patiently and thoughtfully, the judge questioned the boy, learned his opinions and attitudes, then turned to his parents for further comment. Previously, he had studied Billy's complete file, including the case histories prepared by the social workers. The court asked for the recommendations of the probation officer. The probation officer felt that domestic discord and failure to respect and attend to the boy's emotional needs had been important factors leading toward his delinquency. She had obtained promises of a much improved home life from Billy's mother, important concessions from his father, and Billy's own word that he would leave his gang activities and seriously work at a healthy worthwhile life. His recommendation was against commitment to a treatment agency at this time. He believed Billy belonged in his own home if it was improved as promised. The judge heard several others connected with the case and finally presented his own recommendations. He recognized Billy's good reputation up until recent developments, but he sternly warned him where his present path might lead if he continued to follow it. He emphasized the need of respect for the property of others. You could see that Billy understood. What about Billy's father in this picture? The judge had a message for Billy's parents, of course, and an especially harsh one for Carl Stone. Carl Stone, it is neither the duty nor the wish of the family court to involve itself with the normal relationship of families or of one member of a family with another. But when such actions lead to antisocial developments, we must interfere and if necessary take action. Now, there's little doubt in my mind that your unfeeling attitude of smugness and actual hostility towards your son, your unwillingness to build and preserve a happy home life have been prime causes for his downfall. There's nothing in his past record or in his educational tests that show the subnormal intelligence you claim. I'm going to send Billy home with you and Mrs. Stone. In six months, I want you to appear here in court again. Meanwhile, the probation officer will call on you once a month. If this boy of yours doesn't find the security and recognition necessary to keep a growing young fellow off the streets and away from destructive gangs, then not only will Billy answer to me, but you, Carl Stone, will answer to me in full. Is that clear to you? Yes, Your Honor. Cases of this type are rarely dismissed completely, Mr. DeWitt. However, there were two other alternatives for the judge. He could have committed Billy to the newly organized Illinois Youth Commission for a further study of his case and possible commitment to the Illinois Training School at St. Charles, or he might have referred Billy to a special school or farm for a period of time with Billy's parents paying the cost. Well, did his decision to send Billy home work out? Yes, it did, Mr. DeWitt. Billy's straightened out wonderfully and most of the thanks goes to Mrs. Stone, who had developed his home life and training. Carl Stone's only contribution has been to halt his domineering attitude toward the boy and his mother. His company has put him on the road and, I suppose you might say, his absence from the scene has been helpful in a negative sort of way. Well, the important thing is that Billy Stone is back on the right path. Exactly, Mr. DeWitt. And Illinois' intelligent approach to the treatment of their young wards can be thanked to a large extent. While it's true there is quite a maze of laws, courts, and institutions, the new Illinois Youth Commission has greatly improved the situation. It's good to know that in our state the constant aim today is true justice for our juveniles. Now here to comment on today's story is your counselor, Dean John C. Fitzgerald of the Loyola University Law School, Dean Fitzgerald. In addition to the immediate threat of delinquency to society, there is still another danger which most youngsters do not realize. That is his future. Many times a chance to succeed in a trade business or profession can explode overnight when your childhood record comes back to haunt you. That is the reason why family court proceedings and delinquency cases are not recorded. That is also the reason why it is important to hire a lawyer if your child is involved in legal trouble. He can offer good counsel that may well prevent future occupational tragedies. If you do not know a lawyer, get in touch with the Chicago Bar Association. The association offers as a public service a lawyer reference service which will refer you to a concern. In addition to this, the Chicago Bar Association has a special committee on juvenile delinquency and adolescent offenders whose purpose is to keep an ever-watchful eye on legislation and administration of justice pertaining to juveniles. May I point out as always that the legal points in today's story were based on Illinois law and may not apply in your state. I must remind you too that the facts in your situation will probably differ from the facts presented in our story. This difference in the facts may change the application of the law. With this afternoon's story, our case dismissed series comes to a close. We hope that these programs on your legal rights and how to protect them have been helpful and enjoyable to you. Until next we meet, this is your counselor, Dean John C. Fitzgerald, wishing for each of you a good night, good luck, and good law. Case dismissed. Case dismissed has been written by Robert Carmen and is based on information supplied by the Chicago Bar Association and its lawyer members. All characters were fictitious and any resemblance to any person living or dead is purely coincidental. Members of the cast were Gretchen Thomas, Stanley Gordon, Jack Lester, Harry Elders, Carlton Caddell, and Jerry Garvey. Case dismissed is produced by Betty Ross. Direction is by Herbert Leto. Musical effects were transcribed, sound by Tom Evans, engineering by Dan Hoseck. This is Lee Bennett speaking on behalf of the Chicago Bar Association and station WMAQ thanking you for listening to our broadcast and for your letters and comments about the series. We hope you'll join us again next fall when we hope to bring you more stories about your legal rights on Case Dismissed. This is the NBC Radio Network.