NCJ Number
65346
Date Published
1980
Length
18 pages
Annotation
A MODEL THAT IS BASED ON EXPERIENCES WITH CALIFORNIA LEGISLATION, TO ASSESS THE RECEPTION AND IMPACT OF LAWS GOVERNING JUVENILE JUSTICE IS PRESENTED.
Abstract
NEW LEGISLATION HAS BEEN DEVELOPING ACROSS THE COUNTRY IN RESPONSE TO THREE MAJOR TRENDS: THE CHILDREN'S RIGHTS MOVEMENT, THE WAR ON CRIME WHICH EMPHASIZES SEVERE HANDLING OF SERIOUS OFFENDERS, AND LEGALIZATION WITH PARTICULAR CONCERN FOR DUE PROCESS. THIS FRAMEWORK HELPS EVALUATE THESE LAWS. IT INITIALLY FOCUSED ON INTERPRETATIONS OF VARIOUS PROVISIONS BY JUVENILE JUSTICE PROFESSIONALS AND ADEQUACY OF APPROPRIATED FUNDS AS EVIDENCE OF COMMITMENT. THE MODEL THEN EXAMINED LAW ENFORCEMENT TRENDS CONTRIBUTING TO THE NEW LAWS AND THE DEGREE OF PHILOSOPHICAL AGREEMENT BETWEEN LEGISLATORS AND THOSE PERSONS RESPONSIBLE FOR IMPLEMENTATION. FINALLY, THE EFFECT OF LEGISLATION UPON THE APPORTIONMENT OF CONTROL OVER JUVENILES AND PROCESSES AMONG CRIMINAL JUSTICE AGENCIES WAS ASSESSED. WHEN THE MODELS WAS APPLIED TO CALIFORNIA LAW AB3121, IT ACCURATELY PREDICTED THAT THE PROVISION PROHIBITING STATUS OFFENDER PLACEMENT IN SECURE DETENTION WOULD ENCOUNTER SERIOUS RESISTANCE. LEGISLATIVE MANDATE, FISCAL IMPLICATIONS, AND PHILOSOPHIC AGREEMENT WERE MOST USEFUL IN PREDICTING IMPLEMENTATION. THE CALIFORNIA LEGISLATION DID NOT PROVIDE A PRACTICAL DEFINITION OF SECURE DETENTION, PERMITTING MANY INTERPRETATIONS, AND DID NOT APPROPRIATE FUNDS FOR ALTERNATIVE FACILITIES. THE MODEL SUGGESTS THAT THE PROVISION REQUIRING THE DISTRICT ATTORNEY'S PRESENCE AT ALL DELINQUENCY HEARINGS WILL BE THE MOST IMPLEMENTED REGULATION SINCE IT CODIFIED AN EXISTING TREND AND WAS PROMOTED BY THE DISTRICT ATTORNEY'S OFFICE. NOTES AND REFERENCES ARE PROVIDED.