NCJ Number
192472
Journal
Children's Legal Rights Journal Volume: 21 Issue: 3 Dated: Fall 2001 Pages: 2-7
Date Published
2001
Length
6 pages
Annotation
This paper outlines the Extended Jurisdiction Juvenile Prosecution in Illinois, explores its strengths and weaknesses, and examines States with longer Extended Jurisdiction Juvenile Prosecution experiences.
Abstract
In an attempt to find creative solutions to the problems of serious juvenile crime, some States have chosen a “blended sentencing” system because it includes both juvenile and adult sentences. Most of the States that use this type of system designate it as Extended Jurisdiction Juvenile Prosecution (EJJ). Under this type of statute, the case is heard before a juvenile court. Children, if convicted, receive both a juvenile sentence and an adult sentence. The adult sentence is stayed as long as the child complies with the juvenile sentence. If the child violates the juvenile sentence, the juvenile court may or may not impose the adult sentence, or change the terms of the juvenile sentence, depending on the circumstances. In Illinois, the EJJ statute applies to any child at least 13-years-old who is a suspect in a felony offense. Under EJJ, the child has a right to a jury trial, and the jury is open to the public. If the trial results in a plea, finding, or guilty verdict, the court imposes sentences under the Juvenile Court Act and the Unified Code of Corrections, but the criminal sentence is stayed. If the child successfully finishes the juvenile sentence, the adult sentence is vacated. The greatest strength of EJJ statutes is that they satisfy the public’s and the politicians’ demand to get tough on juvenile offenders, while maintaining the rehabilitative mission of the juvenile court. In addition, EJJ children in Illinois are given the right to a jury trial, and to public trials and sentences. The results from Minnesota, the first State with an Extended Jurisdiction Juvenile Prosecution like Illinois, are encouraging. Interviews with some successful EJJ teenagers show that the combination of treatment in the juvenile system with the threat of adult prison is often enough motivation for them to reorient their lives. The primary challenge in enforcing EJJ effectively is reconciling the rehabilitative philosophy of the juvenile court with the punitive philosophy of the criminal justice system. The blending of the juvenile and criminal systems may appease both sides of the court abolition debates, but studies on its efficacy need to be performed. If the treatment options available to juvenile courts and their wards can be enlarged and improved, an argument could be made for replacing most transfer statutes with EJJ Prosecution statutes.