NCJ Number
188440
Journal
Punishment and Society Volume: 3 Issue: 2 Dated: April 2001 Pages: 221-236
Date Published
April 2001
Length
16 pages
Annotation
This article focuses on just deserts theory as it concerns the disposition of juvenile offenders and suggests that deserved punishments should be scaled well below those applicable to adults due to three kinds of reasons.
Abstract
These reasons include (1) juveniles' lesser culpability, (2) punishment's greater “bite” when applied to juveniles, and (3) a principle of greater tolerance in the application of penal censure to juveniles. The article argues that these three kinds of reasons must rest not just on factual claims regarding juveniles’ lesser self-mastery or greater sensitivity to punishment, but must depend on different, age-related normative expectations for judging the behavior of young persons. The analysis also concludes that discussions of juvenile justice policies should consider the issue of the criteria for proportionate punishment of juveniles as analytically distinct from the question of whether to retain or abolish a separate juvenile court. Notes and 25 references (Author abstract modified)