NCJ Number
39406
Journal
Trial Volume: 13 Issue: 2 Dated: (FEBRUARY 1977) Pages: 28-29,32-35
Date Published
1977
Length
6 pages
Annotation
AN EXAMINATION AND CRITIQUE OF THE NEW YORK STATE JUVENILE JUSTICE REFORM ACT OF 1976, WITH SUGGESTIONS FOR REFORMS IN THE CLASSIFICATION, DISPOSITION, AND TREATMENT OF JUVENILES.
Abstract
THE AUTHOR CLAIMS THAT THE NEW JUVENILE JUSTICE REFORM ACT (JJRA) SEEKS TO COMBINE THE PUNISHMENT AND MEDICAL MODELS FOR HANDLING OF JUVENILES. THE JJRA CALLS FOR POSSIBLE SEVEN-YEAR TERMS OF SECURE CONFINEMENT OF SERIOUS JUVENILE OFFENDERS, WHILE PROVIDING A REQUIREMENT OF A DIAGNOSTIC ASSESSMENT BEFORE A JUDGE CAN IMPOSE A RESTRICTIVE PLACEMENT AND A REQUIREMENT FOR INDIVIDUAL TREATMENT PLANS FOR EACH JUVENILE. SPECIFIC PROVISIONS AND PROCEDURES SET FORTH IN THE JJRA ARE EXAMINED AND CRITICIZED. FOR EXAMPLE, THE AUTHOR STATES THAT THE LAW VACILLATES BETWEEN A SEARCH FOR INDIVIDUAL PATHOLOGY AND THE VIEW THAT SERIOUS OFFENSES BY JUVENILES WITH A RECORD SHOULD RECEIVE A MORE SERIOUS DISPOSITION THAN OTHER JUVENILES. HE CLAIMS THAT THE JJRA IS LENGTHY, COMPLICATED, AND POORLY DRAFTED, AND THAT IT DOES NOT ADEQUATELY MEET THE PROBLEMS IT ATTEMPTS TO DEAL WITH. FINALLY, THE AUTHOR PROPOSES SEVERAL REFORMS, INCLUDING CREATION OF A LEGAL CATEGORY OF 'JUVENILE OFFENDER' TO COVER JUVENILES ENGAGING IN CRIMINAL BEHAVIOR, USE OF DETERMINATE DISPOSITIONS FOR JUVENILES, CREATION OF A RIGHT TO SERVICES FOR JUVENILES, AND REMOVAL OF STATUS OFFENDERS FROM THE JUVENILE COURT'S JURISDICTION.