NCJ Number
49456
Journal
Criminal Law Bulletin Volume: 14 Issue: 4 Dated: (JULY-AUGUST 1978) Pages: 311-342
Date Published
1978
Length
32 pages
Annotation
A COMPREHENSIVE REVIEW IS PRESENTED OF RECENTLY LEGISLATED CHANGES IN STATE JUVENILE LAW AND JUVENILE JUSTICE PROCEDURES.
Abstract
THE STATUTES REVIEWED IN THIS ARTICLE WERE FOR THE MOST PART ENACTED WITHIN THE LAST 18 MONTHS AND USUALLY WITHIN THE LAST YEAR (1977-1978). IT IS NOTED THAT PURPOSE CLAUSES -- PREAMBLES INDICATING THE ESSENCE OR INTENT OF A LAW -- HAVE BEEN AMENDED IN SOME STATES TO INCLUDE DELINQUENTS AS A SPECIFIC OFFENDER GROUP. TRANSFER STATUTES HAVE ALSO BEEN AMENDED; THE AGE AT WHICH A CHILD MAY BE WAIVED FROM THE JUVENILE TO THE ADULT COURTS HAS BEEN LOWERED IN SOME STATES, AND A FEW HAVE MADE TRANSFER HEARINGS AND EVEN TRANSFERS WITHOUT A HEARING MANDATORY UNDER CERTAIN CIRCUMSTANCES. HOWEVER, IN AMENDING TRANSFER STATUTES, THE CRITERIA FOR WAIVERS HAVE BEEN STATED WITH GREATER SPECIFICITY, WHICH HAS IN EFFECT RESULTED IN A RESTRICTING OF WAIVER. OTHER STATES, INCLUDING WASHINGTON, NEVADA, AND VIRGINIA, HAVE LIBERALIZED TRANSFER STATUTES TO PERMIT COURTS TO WAIVE CHILDREN MORE FREELY. MAINE'S TRANSFER CRITERIA PROVIDE THE BEST EXAMPLE OF THE RECENT EVOLUTION IN TRANSFER STATUTES, WHILE RECENT DEVELOPMENTS IN OREGON ILLUSTRATE HOW CAREFULLY WORDED TRANSFER STATUTES ARE SOMETIMES INTERPRETED BY THE COURTS. PERHAPS THE TWO MOST DEMONSTRABLE TRENDS IN DISPOSITIONS ARE: (1) LEGISLATURES ARE CREATING CATEGORIES OF JUVENILE CRIMINAL BEHAVIOR, SEPARATING SERIOUS DELINQUENTS FROM THE LESS SERIOUS; AND (2) THEY ARE ATTEMPTING TO LIMIT THE DISCRETION OF JUDGES AND EXECUTIVE AGENCIES IN THE DETERMINATION OF RELEASE DATES FOR JUVENILES CONVICTED OF SERIOUS CRIMES. LEGISLATION IN NEW YORK CARVES OUT A SPECIAL CATEGORY FOR 14- TO 16-YEAR-OLDS CALLED THE DESIGNATED FELONY ACTS, TO INCLUDE MURDER, ATTEMPTED MURDER, MANSLAUGHTER, RAPE, AND ROBBERY IN THE FIRST DEGREE. CALIFORNIA, TOO, NOW REQUIRES JUVENILE COURTS TO DISTINGUISH BETWEEN MISDEMEANOR AND FELONY DELINQUENCY CHARGES. CALIFORNIA ALSO ENACTED A LAW THAT RESTRICTS CONFINEMENT OF JUVENILES TO A PERIOD NO LONGER THAN THE PERIOD OF IMPRISONMENT FOR ADULTS CONVICTED OF THE SAME CRIME. LEGISLATION HAS ALSO TIGHTENED PROCEDURES FOR JUVENILE TRANSFERS BETWEEN INSTITUTIONS, THE DISBURSEMENT OF JUVENILE FINGERPRINTS, AND THE SECURITY OF COURT AND POLICE RECORDS RELATING TO JUVENILE OFFENDERS. IN THE PAST YEAR, BOTH FINES AND RESTITUTION HAVE GAINED POPULARITY IN MANY LEGISLATURES, AND A NUMBER OF STATES HAVE UPGRADED PROVISIONS MAKING PARENTS FINANCIALLY LIABLE FOR THE WILLFUL, MALICIOUS ACTS OF THEIR CHILDREN. GENERALLY, WITH THE EXCEPTION OF WASHINGTON, BILLS INTRODUCED TO CREATE A SPECIAL CATEGORY OF CRIME BASED ON THE AGE OR VULNERABILITY OF THE VICTIM WERE DEFEATED. A FEW STATES HAVE REACTED TO SERIOUS JUVENILE CRIME BY PROVIDING MORE EXPERT AND EFFECTIVE PROSECUTION OF JUVENILE OFFENDERS. THE MESSAGE FROM THE STATES SEEMS TO BE THAT IF CHILDREN ARE COMMITTING SERIOUS CRIMES, THE STATE CAN BE SERIOUS IN TRYING THEIR CASES. A TABLE INDICATING THE PASSAGE DATES OF RECENT JUVENILE JUSTICE LEGISLATION IS APPENDED. REFERENCES NOTES ARE PROVIDED. (KBL)