NCJ Number
59509
Date Published
1979
Length
34 pages
Annotation
THIS STUDY EXAMINES THE CRITERIA USED IN NEW ZEALAND COURTS FOR REMANDING YOUNG PEOPLE IN CUSTODY TO PRISON. ALTHOUGH THE REASONS FOR SUCH DECISIONS ARE RARELY RECORDED, SEVERAL FACTORS SEEM TO BE CONSIDERED.
Abstract
AD HOC ORAL INFORMATION GIVEN BY THE POLICE WITH NO MATERIAL RECORD KEPT APPEARS TO BE INSTRUMENTAL IN DETERMINING REMAND CASES. THE LACK OF STATED REASONS FOR SUCH DECISIONS IS SEEN AS A SERIOUS COURT PROBLEM. IN THIS STUDY, 64 PERCENT OF THE 455 CUSTODIAL REMAND CASES DECIDED FROM 1977 TO EARLY 1978 WERE EXAMINED. CRITERIA WEIGHED IN THE DECISIONMAKING PROCESS WERE (1) AGE (THE MALES IN THE STUDY WERE 14-16 YEARS OLD); (2) RACE (MAORIS COMPOSED 57 PERCENT OF THOSE REMANDED IN CUSTODY BEFORE CONVICTION); (3) SERIOUSNESS OF THE OFFENSE (BURGLARY, UNLAWFUL TAKING OF A MOTOR VEHICLE, AND THEFT WERE MORE LIKELY TO RESULT IN IMPRISONMENT); (4) CUSTODY, BAIL, AND PROBATION FACTORS, ESPECIALLY ESCAPING CUSTODY; (5) PREVIOUS CRIMINAL HISTORY; (6) COURT OF SENTENCE, WITH THE CHILDREN'S AND YOUNG PERSONS COURT, MAGISTRATE'S, AND SUPREME COURT BEING INVOLVED MOST OFTEN; AND (7) LEGAL REPRESENTATION. THE FACT THAT 4.5 PERCENT OF ALL 14-16 YEAR OLD MALES WHO APPEAR BEFORE THE CHILDREN AND YOUNG PERSONS COURT ARE REMANDED TO PRISON DICTATES ADOPTION OF A PROCEDURE SUCH AS THE ONE USED IN GREAT BRITAIN TO RECORD THE REASONS WHY SUCH DECISIONS ARE REACHED. APPENDIXES CONTAIN STATUTORY PROVISIONS CONCERNED WITH REMAND OF YOUNG PEOPLE AND CHILDREN, QUESTIONS TO BE ADDRESSED TO CORRECTIONAL INSTITUTIONS WHICH HOUSE YOUNG PEOPLE, AND DEFINITIONS AND AGE CHARTS BY SPECIFIC INSTITUTION. A SHORT BIBLIOGRAPHY IS APPENDED, AND A REFERENCE IS MADE TO A SIMILAR ENGLISH STUDY. (RFC)