NCJ Number
47673
Date Published
1978
Length
129 pages
Annotation
RECOMMENDATIONS FOR A SPECIAL YOUTH CRIME POLICY AND FOR REFORMS IN SENTENCING PRACTICES FOR YOUTHS IN BOTH JUVENILE AND ADULT COURTS ARE PRESENTED, TOGETHER WITH A STUDY OF SOCIAL POLICY ON YOUTH CRIME.
Abstract
THE RECOMMENDATIONS ARE BASED ON PRINCIPLES OF CULPABILITY, DIMINISHED RESPONSIBILITY RESULTING FROM IMMATURITY, THE NEED TO PROVIDE ROOM TO REFORM, AND PROPORTIONALITY. IT IS RECOMMENDED THAT JUVENILE COURT JURISDICTION EXTEND TO ALL CRIMINAL ACTS COMMITTED BEFORE AN ACCUSED'S 18TH BIRTHDAY, WITH WAIVERS FOR CASES INVOLVING SERIOUS OFFENSES, SUCH AS MURDER AND RAPE. THE TASK FORCE RECOMMENDS A SYSTEM OF SENTENCING IN WHICH THE LEGISLATURE FIXES THE MAXIMUM PERIOD; THE JUDGE RETAINS DISCRETION TO DETERMINE WHETHER THE OFFENDER SHOULD BE SUBJECTED TO LOSS OF LIBERTY, AND TO FIX THE MAXIMUM DURATION OF SOCIAL CONTROL IN EACH CASE; AND A CENTRALIZED CORRECTIONAL AUTHORITY RETAINS POWER TO SELECT RELEASE DATES SHORT OF THE MAXIMUM. OTHER RECOMMENDATIONS RELATE TO SENTENCES FOR YOUNG PROPERTY OFFENDERS, SENTENCING POLICY WITH REGARD TO VIOLENT YOUNG OFFENDERS, PUNITIVE DETENTION, AND INFORMATION SHARING BETWEEN JUVENILE AND CRIMINAL COURTS. THE BACKGROUND PAPER SUMMARIZES TYPES OF CRIMES AND OFFENDERS AND TRENDS IN YOUTH CRIME IN THE UNITED STATES; DISCUSSES THE ALLOCATION OF JURISDICTION BETWEEN JUVENILE AND CRIMINAL COURTS AND THE MOTIVES THAT AFFECT DISPOSITION DECISIONS WITH REGARD TO YOUNG OFFENDERS; EXAMINES SENTENCING REFORM PROPOSALS; AND SURVEYS DISPOSITIONAL POLICY OPTIONS. DISSENTING OPINIONS BY TWO TASK FORCE MEMBERS AND NOTES ARE INCLUDED.