RATIONAL APPROACH TO THE REALITY OF JUVENILE CRIME IN AMERICA

• NCJ Number: 54681
• Author(s): J M MAHLER
• Date Published: 1977
• Length: 5 pages
• Corporate Author: Community Service Soc of New York
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

IN THIS REPORT, THE COMMUNITY SERVICE SOCIETY IN NEW YORK CITY PROPOSES DETERMINATE SENTENCING FOR JUVENILES, THE ASSESSMENT OF THE GRAVITY OF AN OFFENSE AT COURT INTAKE, AND SANCTIONS PROPORTIONATE TO CRIME SERIOUSNESS.

Abstract

POLICIES ARE RECOMMENDED BY THE SOCIETY THAT ENCOMPASS TWO PRINCIPLES; THE FIRST IS THAT THE POTENTIAL DAMAGE TO JUVENILES INCREASES WITH THE LENGTH AND COERCIVENESS OF INCARCERATION, AND THAT THE LEAST RESTRICTIVE ALTERNATIVE THAT WILL PROTECT SOCIETY MUST BE PROVIDED IN EVERY CASE. THE SECOND IS THAT CHILDREN CANNOT BE COERCIVELY REPAIRED; INDIVIDUALS WHO ARE FORCED TO PARTICIPATE IN PROGRAMS ENTER WITH HOSTILITY, RESENTMENT, AND RESISTANCE THAT DEFEAT THE INTENDED PURPOSE OF PARTICIPATION. A DETERMINATE SENTENCE FOR JUVENILES IS PROPOSED SO THAT THEY KNOW, AT THE TIME OF SENTENCING, WHERE THEY ARE GOING AND HOW LONG THEY WILL BE THERE. PUNISHMENT AND BASIC SOCIAL SERVICES ARE TWO SEPARATE FUNCTIONS, AND THE SOCIETY TENDS TO BELIEVE THAT COURTS WERE ESTABLISHED PRIMARILY TO SERVE SOCIAL FUNCTIONS OF SOCIAL CONTROL AND JUSTICE. IN NEW YORK STATE, JUVENILES MAY BE ADJUDICATED DELINQUENT AND PLACED FOR AN INDETERMINATE PERIOD OF UP TO 18 MONTHS, AND DEPENDING ON AGE, 1-YEAR EXTENSIONS MAY BE GRANTED BY THE COURT UNTIL JUVENILES REACH THE AGE OF 18 YEARS. IN MOST STATES JUVENILE DISPOSITIONS ARE NOT RELATED TO THE SERIOUSNESS OF THE PRESENTING OFFENSE, AND STATUS AND SERIOUS JUVENILE OFFENDERS ALIKE ARE PLACED FOR INDETERMINATE PERIODS. A CRIMINAL CODE UNIQUELY FOR JUVENILES IS PROPOSED THAT EXCLUDES CRIMES IMPOSSIBLE FOR JUVENILES TO COMMIT AS WELL AS CERTAIN VICTIMLESS CRIMES. A CASE ASSESSMENT BUREAU IS ALSO RECOMMENDED TO ANALYZE CHARGES FOR OFFENSES AND PREVENT THEM FROM BEING INAPPROPRIATELY LODGED AGAINST JUVENILES, SET TOO HIGH, SET TOO LOW, INFLATED BY THE POLICE, OR FILED WITHOUT ADEQUATE PROOF. VIOLENT CRIMES SHOULD BE DEALT WITH BY PUNISHMENT FOR A PERIOD PROPORTIONAL TO THE SERIOUSNESS OF THE CRIME. FOR VERY SERIOUS OFFENSES (MURDER, RAPE, AND KIDNAPPING), THE MAXIMUM SENTENCE COMBINATION SHOULD BE 5 YEARS.