NCJ Number
62090
Journal
CHILDREN'S RIGHTS REPORT Volume: 2 Issue: 8 Dated: (MAY 1978) Pages: 8-11
Date Published
1978
Length
4 pages
Annotation
ABANDONMENT OF INDETERMINATE SENTENCES FOR JUVENILE OFFENDERS IS ADVOCATED BY THE COMMUNITY SERVICE SOCIETY, AND SUITABLE ALTERNATIVES INVOLVING PROPORTIONATE SENTENCES ARE RECOMMENDED.
Abstract
UNDER THE PROPOSED SYSTEM, SANCTIONS OF A SPECIFIED KIND AND DURATION WOULD BE IMPOSED BY A FAMILY COURT JUDGE. SANCTION SEVERITY WOULD DEPEND ON THE SERIOUSNESS AND CIRCUMSTANCES OF THE OFFENSE, THE JUVENILE'S AGE AND PRIOR RECORD, AND THE USE OF THE LEAST RESTRICTIVE ALTERNATIVE CONSISTENT WITH THE PROTECTION OF SOCIETY. NO EARLY RELEASE OR EXTENSION OF PLACEMENT IS POSSIBLE, WITH LIMITED EXCEPTIONS FOR GOOD BEHAVIOR, FAILURE TO PROVIDE ADEQUATE SERVICES, AND OVERCROWDING. IT IS SUGGESTED THAT THE JUVENILE CODE BE REVISED TO CLASSIFY OFFENSES ACCORDING TO DEGREE OF SERIOUSNESS AND THAT TYPES OF SANCTIONS AND DURATIONS BE SPECIFIED. CRITERIA USED IN DETERMINING THE NATURE AND LENGTH OF PUNISHMENT SHOULD BE CLEARLY SPECIFIED, AND THE SENTENCING DECISION SHOULD BE VESTED IN THE FAMILY COURT JUDGE. THE REQUIREMENT OF A WRITTEN OPINION JUSTIFYING THE SANCTION ENCOURAGES THE HIGHEST LEVEL OF JUDICIAL CARE. THE PROPOSAL ENCOURAGES THE USE OF CREATIVE COMBINATIONS OF DISPOSITIONS, SUCH AS COMMUNITY SERVICE IN CONJUNCTION WITH CONDITIONAL RELEASE OR SUPERVISED VISITS TO ADULT PRISONS. FINALLY, IT PRECLUDES THE IMPOSITION OF SECURE PLACEMENT FOR LESS SERIOUS OFFENSES. A FOOTNOTE IS INCLUDED IN THE ARTICLE. (AUTHOR ABSTRACT MODIFIED--LWM).