NCJ Number
14085
Journal
NOTRE DAME LAWYER Volume: 49 Issue: 4 Dated: (APRIL 1974) Pages: 857-866
Date Published
1974
Length
10 pages
Annotation
DISCUSSION OF SEVERAL COURT RULINGS ON THE JUVENILE COURT PRACTICE OF SENTENCING PARTICULARY INCORRIGIBLE JUVENILES TO AN ADULT PENAL INSTITUTION UPON TERMINATION OF INFORMAL, NONCRIMINAL PROCEEDINGS.
Abstract
TWO TYPES OF CASES ARE CONSIDERED IN THIS ARTICLE - THOSE INVALIDATING PENAL COMMITMENT AND THOSE SUSTAINING IT. COURT DECISIONS WHICH HAVE REFUSED TO SUSTAIN THE COMMITMENT OF JUVENILE OFFENDERS TO PENAL INSTITUTIONS HAVE GENERALLY POINTED TO THE PUNITIVE ASPECT OF PENAL COMMITMENT AS OPPOSED TO THE PROTECTIVE PURPOSE OF THE JUVENILE COURT. ANOTHER ARGUMENT PUT FORTH HAS BEEN THE DISTINCT DIFFERENCE IN MODES OF CONFINEMENT BETWEEN JUVENILE AND PENAL FACILITIES. COURTS UPHOLDING THE PENAL INCARCERATION OF JUVENILE OFFENDERS HAVE CITED THE NEED FOR MORE STRINGENT DISCIPLINE IN SPECIFIC CASES AND/OR THE NEED FOR DISPOSITIONAL FLEXIBILITY IN REGARD TO MODE OF TREATMENT. THE AUTHOR MAINTAINS THAT A JUVENILE COURT DOES NOT HAVE THE AUTHORITY TO DEAL WITH THE JUVENILE AS A CRIMINAL. HE THEREFORE CONCLUDES THAT PENAL COMMITMENT UNDER THE PROCEDURES OF THE JUVENILE COURT CAN NEVER BE SUSTAINED.