NCJ Number
192415
Journal
Youth Law News Volume: 22 Issue: 1 Dated: September/October 2001 Pages: 12-15
Editor(s)
Stephen B. Texeira
Date Published
October 2001
Length
4 pages
Annotation
In using the challenges to California's law allowing the transfer of youth to adult criminal court, this article reviews the issues surrounding a national trend in increased prosecutorial discretion to file a youth case directly to adult court.
Abstract
California's Proposition 21 approved in 2000 with a focus on juvenile gangs and the "Three Strikes" law was amended to allow prosecutors to use their sole discretion in filing petitions against youth 14 or older charged with certain offenses. This amendment has now come before the California Supreme Court charged with violating the State constitution's separation of powers provisions. The California case illustrates ongoing efforts throughout the country to ease the transfer of youth out of juvenile court and into adult criminal courts. The increased use of legislative waivers and the arrival of prosecutorial discretion is a significant departure from the use of historical transfer hearings or fitness hearings. However, issues of concern in the use of prosecutorial discretion were identified and included: (1) the likelihood that many more youth will be transferred to the adult system under such practices and laws; (2) information on a youth's mental health typically developed and reviewed through the hearing or transfer process is typically unavailable through a prosecutorial discretion system; and (3) judging youth on the same standards as adults neglects to take into account their developmental maturity and differences playing a significant role in adult criminal proceedings. The National Center for Youth Law (NCYL) strongly supports the need for significant judicial oversight in utilizing prosecutorial discretion and the establishment of criteria that goes beyond age and offense.