SENTENCING UNDER THE FEDERAL YOUTH CORRECTIONS ACT THE INTERPRETIVE CONFLICT CONCERNING JUDICIAL DISCRETION

• NCJ Number: 14570
• Journal: Catholic University Law Review Volume: 23 Issue: 3 Dated: (SPRING 1974) Pages: 574-598
• Author(s): D A BOGGS
• Date Published: 1974
• Length: 25 pages
• Corporate Author: Catholic University of America
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF THE ARGUMENTS AND THEIR RATIONALES CONCERNING THE FEDERAL YOUTH CORRECTIONS ACT (FYCA) AND WHETHER IT PROVIDES A MANDATORY OR DISCRETIONARY ALTERNATIVE TO ADULT SENTENCING FOR OFFENDERS AGED 18 TO 22.

Abstract

THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA WAS THE FIRST TO SUGGEST THAT SECTION 5010(D) REQUIRES AN AFFIRMATIVE FINDING BY THE COURT THAT THE OFFENDER WILL NOT BENEFIT FROM YOUTH CORRECTIONS ACT TREATMENT BEFORE THE YOUTH RECEIVES AN ADULT SENTENCE UNDER THE APPLICABLE FEDERAL STATUTE. INITIALLY, THE DISTRICT OF COLUMBIA CIRCUIT HELD THAT THIS FINDING OF 'NO BENEFIT' MIGHT BE IMPLIED. IT IS NOW WELL ESTABLISHED, HOWEVER, THAT THE FINDINGS MUST BE EXPLICITLY MADE BY THE TRIAL JUDGE AS A PREREQUISITE TO ADULT SENTENCING. IN JULY 1973, THE SEVENTH CIRCUIT, DECLINED TO FOLLOW THE INTERPRETATION OF THE DISTRICT OF COLUMBIA CIRCUIT INSOFAR AS IT REQUIRED THE TRIAL JUDGE TO MAKE AN EXPLICIT FINDING THAT THE YOUTH WOULD NOT BENEFIT FROM REHABILITATION. VIEWING THE LEGISLATIVE HISTORY OF THE F.Y.C.A., THE DORSYNSKI COURT CONCLUDED THAT THE ACT'S PURPOSE WAS 'TO MAKE AVAILABLE A SYSTEM FOR THE SENTENCING AND TREATING OF YOUTHS TO BE USED IN THE JUDGE'S DISCRETION.' THE AUTHOR CONCLUDES THAT THE REASONING OF THE DISTRICT OF COLUMBIA COURT IS MORE PERSUASIVE. FIRST, IT RELIED ON THE PLAIN MEANING OF THE WORDS IN THE ACT. THE SUBSECTION UNDER DISCUSSION IS PHRASED SO AS TO PERMIT AN ADULT SENTENCE ONLY IN THE EVENT THAT THE JUDGE FIRST AFFIRMATIVELY FINDS THAT THE OFFENDER WILL RECEIVE NO BENEFIT FROM TREATMENT UNDER THE ACT. THE WORDS AND THEIR INTENDED MEANING ARE SPECIFIC AND UNAMBIGUOUS. SECOND, THE COURT SUBSTANTIATED ITS CONSTRUCTION OF SECTION 5010(D) BY MAINTAINING THAT SUCH AN INTERPRETATION BEST EFFECTUATED THE LEGISLATIVE PURPOSES OF THE ENTIRE ACT. THE COURT NOTES THAT THE THAT YOUNG PEOPLE CONVICTED OF CRIMES GENERALLY POSSESS A GREATER POTENTIAL FOR REHABILITATION THAN DO OLDER, MORE EXPERIENCED CRIMINALS. (AUTHOR ABSTRACT)