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'Getting Tough' With Youth: Legislative Waiver as Crime Control

NCJ Number
170494
Journal
Juvenile and Family Court Journal Volume: 48 Issue: 3 Dated: (Fall 1997) Pages: 1-15
Author(s)
A V Merlo; P J Benekos; W J Cook
Date Published
1997
Length
15 pages
Annotation
This article critiques the politics of 'get tough' legislation and the implications of legislative waivers.
Abstract
In the rush to punish juvenile offenders and to reform the juvenile justice system, legislatures have redefined the philosophy of juvenile justice and restructured the waiver process. Waiver offers the appearance of doing something about crime while promoting a punitive, incarcerative model of juvenile justice. In addition, in 1995 alone, 700 pieces of legislation were introduced aimed at prosecuting minors as adults. As the convergence of juvenile and adult systems continues, the future of juvenile justice has become the new object of politicalization. This article reviews the language and intent of waiver reforms, images of juvenile justice and the concept of crime control, and summarizes some recent waiver policies to illustrate the prevailing cycle of reforms and to critique the future of juvenile justice. The article concludes that it is much easier to legislate mandatory transfer provisions than to devote resources to long-term strategies. The "get tough" approach conceals the massive amounts of money that will be needed to incarcerate in special institutions for long periods of time youths convicted in adult court. While it is appealing, the "quick fix" strategy is unsuccessful. Tables, references