BORDERLANDS OF JUVENILE JUSTICE - THE WAIVER PROCESS IN PHILADELPHIA (PA)

• NCJ Number: 44404
• Author(s): J P EIGEN
• Date Published: 1977
• Length: 242 pages
• Publication Format: Document
• Publication Type: Thesis/Dissertation
• Language: English
• Country: United States of America
• Note: UNIVERSITY OF PENNSYLVANIA - DOCTORAL DISSERTATION

Annotation

THIS RESEARCH STUDY ISOLATES THE DETERMINANTS IN THE CERTIFICATION PROCESS (I.E., CERTIFYING JUVENILES FOR CRIMINAL COURT) AND ILLUSTRATES THE RANGE OF SENTENCES BY LEVEL OF DISPOSITION.

Abstract

THE STUDY IS AN EXPANDED ANALYSIS OF AN ORIGINAL SAMPLE OF THE FIRST 200 HOMICIDES IN 1970 IN PHILADELPHIA TO INCLUDE ALL JUVENILE OFFENDERS CHARGED WITH HOMICIDE FOR THAT YEAR. COMPARISONS WERE DRAWN BETWEEN THOSE JUVENILES HELD IN CRIMINAL COURT AND THOSE REMANDED TO JUVENILE COURT TO DISCERN THE DETERMINANT VARIABLES IN THE SELECTION OF JUVENILES FOR ADULT PROSECUTION. CONVICTION RATES AND SENTENCES FOR ADULTS CHARGED WITH HOMICIDE AND FOR JUVENILE OFFENDERS SIMILARLY CHARGED WERE COMPARED TO ASSESS DIFFERENTIAL SANCTIONS ASSOCIATED WITH THE SORTING OF JUVENILE OFFENDERS. ROBBERY CONSTITUTED A SECOND PART OF THIS ANALYSIS, THIS BEING USED TO DEMONSTRATE THE ACTUAL CERTIFICATION PROCESS. JUVENILES CERTIFIED TO ADULT COURT FOR ROBBERY OFFENSES WERE COMPARED TO (1) JUVENILES CHARGED WITH ROBBERY BUT NOT CERTIFIED AND (2) ADULTS SIMILARLY CHARGED. CONVICTION RATES AND SENTENCE SEVERITY SERVED TO SHOW THE EFFECT OF THE DECISION TO CERTIFY. RESEARCH FINDINGS ARE SYNTHESIZED WITH PREVIOUS STUDIES ON DIFFERENTIAL DECISIONMAKING WITH JUVENILE OFFENDERS, AND POLICY ISSUES CONCERNING WHEN TO CERTIFY ARE DISCUSSED WITH PARTICULAR ATTENTION PAID TO THE CONSEQUENCES OF THE DECISION TO SEEK CERTIFICATION AND THE ADVISABILITY OF LOWERING THE AGE OF JUVENILE COURT JURISDICTION. FINALLY, THE ROLE OF THE PROSECUTOR IS HIGHLIGHTED IN THAT HE IS THE ONLY REAL LINK BETWEEN THE JUVENILE AND ADULT COURT SYSTEMS, AND IT IS HIS OBSERVATION OF THE YOUTH'S DEMEANOR AS BEING TOO 'DANGEROUS' OR TOO 'MATURE' FOR JUVENILE AUTHORITIES THAT INITIATES THE CERTIFICATION PROCESS. ALTHOUGH THE LITERATURE IN THIS AREA CONSTANTLY STRESSES FACTORS IN THE YOUTH'S BIOGRAPHY THAT SHOULD MANDATE CERTIFICATION, THE INFLATED CONVICTION RATES AND INCREASED SENTENCE SEVERITY THAT JUVENILES EXPERIENCE IN CRIMINAL COURTS RELATIVE TO ADULT DEFENDANTS SUGGEST THAT CONSIDERATIONS OF THE EVIDENTIARY RIGOR OF THE CASE ITSELF MAY BE A HIGHLY PREDICTIVE FACTOR IN CERTIFICATION AS WELL. SUPPORTING TABLES AND GRAPHS ARE INCLUDED, AND A BIBLIOGRAPHY IS APPENDED. (AUTHOR ABSTRACT MODIFIED).