NCJ Number
59676
Journal
Police Magazine Volume: 2 Issue: 5 Dated: (SEPTEMBER 1979) Pages: 47-52
Date Published
1979
Length
6 pages
Annotation
FOCUSING ON NEW SENTENCING GUIDELINES FOR JUVENILE OFFENDERS IN THE STATE OF WASHINGTON, THIS ARTICLE DISCUSSES REFORM MOVEMENTS IN THE JUVENILE JUSTICE SYSTEM.
Abstract
IN 1978, A NEW JUVENILE CODE TOOK EFFECT IN WASHINGTON THAT MANDATED THE COMMITMENT TO STATE INSTITUTIONS OF ALL SERIOUS JUVENILE OFFENDERS. UNDER THIS LAW, STATUS OFFENDERS--RUNAWAYS, TRUANTS, INCORRIGIBLES--AND MINOR OFFENDERS WILL STILL BE DIVERTED INTO COMMUNITY PROGRAMS. THE PASSAGE OF THE LAW WAS A UNIQUE COMPROMISE BETWEEN LIBERAL AND CONSERVATIVE FORCES. OTHER STATES HAVE AMENDED THEIR LAWS SO THAT JUVENILES WHO COMMIT CERTAIN CRIMES CAN BE PROSECUTED AS ADULTS AND SENTENCED TO LONG TERMS; IN NEW YORK CHILDREN AS YOUNG AS 13 ACCUSED OF MURDER CAN NOW BE SENT TO THE ADULT COURTS AND SENTENCED TO TERMS AS LONG AS LIFE. ANOTHER REFORM MOVEMENT HAS BEEN TO DIVERT STATUS OFFENDERS AND MINOR OFFENDERS OUT OF INSTITUTIONS--THE NUMBER OF JUVENILE OFFENDERS HELD IN STATE CORRECTIONAL INSTITUTIONS HAS DECLINED OVER THE LAST 15 YEARS FROM 43,000 TO THE CURRENT LOW OF ABOUT 26,000. ONE OF THE MOST IMPORTANT MOVEMENTS IN JUVENILE JUSTICE REFORM HAS BEEN THE AMERICAN BAR ASSOCIATION'S DEVELOPMENT OF STANDARDS FOR THE JUVENILE JUSTICE SYSTEM, WHICH ARE LIKELY TO BE USED IN FUTURE YEARS AS MODELS WHEN STATE LEGISLATURES RECONSIDER THEIR JUVENILE CODES. THE WASHINGTON LAW ADHERES CLOSELY TO MANY OF THESE STANDARDS, AND CAN SERVE AS A MODEL FOR THE NATION. THESE STANDARDS EMPHASIZE PROVIDING JUVENILES WITH THE SAME DUE PROCESS RIGHTS AS ADULTS RECEIVE. THEY RECOMMEND PUBLIC JURY TRIALS FOR JUVENILES AND THE INSTITUTION OF DETERMINATE SENTENCES, FLAT SENTENCES WITHOUT POSSIBILITY OF PAROLE. UNDER THESE STANDARDS, ALL JUVENILES CONVICTED OF CRIMES ARE SUBJECT TO A POINT SYSTEM; EACH RECEIVES A CERTAIN NUMBER OF POINTS ACCORDING TO HIS AGE, HIS PRIOR CRIMINAL RECORD, AND THE SEVERITY OF HIS CRIME. MINOR OFFENDERS WHO ACCUMULATE LESS THAN 110 POINTS WILL SELDOM GO TO INSTITUTIONS BUT WILL BE SUBJECTED TO PREDETERMINED SCHEDULES OF FINES, RESTITUTION TO THEIR VICTIMS, OR PERIODS OF COMMUNITY SERVICE WORK. JUDGES MAY USE DISCRETION IN ADHERING TO GUIDELINES CONCERNING MIDDLE AND SERIOUS OFFENDERS WHO ACCUMULATE MORE THAN 110 POINTS ONLY IF THE JUDGE DECLARES THAT IT WOULD BE A 'MANIFEST JUSTICE' TO SEND OR NOT TO SEND A CHILD TO PRISON. A BRIEF HISTORY OF THE JUVENILE COURTS AND ITS TREATMENT OF JUVENILE OFFENDERS IS PROVIDED.