NCJ Number
103780
Date Published
1985
Length
19 pages
Annotation
This paper examines the current shift of the adjudication of juveniles charged with violent crimes from juvenile court to criminal court, with attention to the impact of New York's Juvenile Offender Act, which mandates more severe sentences for juveniles convicted of certain felonies.
Abstract
The juvenile court was initially established to provide for the distinctive handling of juvenile offenders in accordance with their immaturity and rehabilitative needs. Factors undermining the juvenile court's role in the 1960's and 1970's have included court recognition of the need for due process requirements for juveniles similar to those applied to adult offenders; reduced professional and public confidence in the effectiveness of rehabilitation programs; and the rise of the justice model, which emphasizes tailoring sentencing to crime severity. In New York, the shift in the handling of serious juvenile offenders is evidenced in the 1978 Juvenile Offender Act, which designates more severe sentences for juveniles convicted of designated felonies than was previously possible. The sentences are still not as severe as those for adults convicted of similar crimes, however. Although juveniles did receive severe sentences under the act when it was initially applied, over time leniency has prevailed as juveniles convicted of designated felonies in New York are more likely than adults convicted of similar crimes to receive probation and a shorter incarceration period. Future research should determine the effectiveness of various penalties in achieving juvenile social control and also assess the impact of current policy on victim and offender attitudes toward the legal system. 3 notes and 32-item bibliography.