NCJ Number
195587
Journal
Journal of Criminal Law and Criminology Volume: 91 Issue: 4 Dated: Summer 2001 Pages: 1127-1152
Editor(s)
Monika Jain
Date Published
2001
Length
26 pages
Annotation
The article summarizes potential constitutional rights violations through the use of sexually violent person commitment laws to apply indeterminate sentences to juvenile sex offenders.
Abstract
The article discusses sexually violent person commitment laws as those laws are applied to and impact juvenile sex offenders. An analysis of the constitutionality of those laws when applied to juveniles is included. The author presents jurisprudence analysis to support the contention that these commitment laws are a violation of the juvenile’s 14th Amendment rights under both the Due Process and Equal Protection clauses. Specific discussion includes a review of the legal framework of the Illinois Juvenile Courts and the action of the State’s Juvenile Court Act including the provisions within the Juvenile Court Act of 1987 that allow the indeterminate incarceration of juvenile sex offenders. The legal effect of the limited access to trial by jury and other Sixth Amendment protections within the Juvenile Court system is discussed and the exceptions to this rule are enumerated. The author provides information concerning the judicial foundations of the application of 14th Amendment protections to juvenile court proceedings including analysis of In Re Gault and State v. McKeiver. The case law and statutory law analyzed for the article finds no support for a rational relationship between the denial of a jury trial to most juvenile offenders and a legitimate state interest, resulting in a finding that the application of indeterminate sentencing of juvenile sex offenders through sexually violent person commitment laws violates the United States Constitution. 223 notes.