NCJ Number
125881
Journal
New England Law Review Volume: 23 Issue: 3-4 Dated: (Winter-Spring) 1988-1989) Pages: 943-986
Date Published
1989
Length
44 pages
Annotation
This article examines the constitutionality of mechanisms for transferring juveniles from juvenile court to adult court for disposition and the constitutionality of the death penalty for juveniles.
Abstract
After reviewing the history of the juvenile court system and the reasons for which it was instituted, this article discusses the current methods of transferring juvenile defendants to adult courts as well as the procedural safeguards, or lack thereof, inherent in these systems. It then addresses the constitutionality of the death penalty for minors and whether such a penalty is, under all circumstances, cruel and unusual punishment. The article concludes that although States can enact their own legislation with respect to juvenile transfer mechanisms, procedural due process should be an integral part of any waiver system. Without such a policy, juveniles would be subject to arbitrary transfer to adult courts without the procedural protections guaranteed by the 14th amendment. Once transferred, these juveniles are subject to adult criminal sanctions, including the death penalty. The execution of juveniles is contrary to the rehabilitative philosophy of the juvenile court system. Further, it violates, under all circumstances, the prohibition against cruel and unusual punishment. 328 footnotes