NCJ Number
42656
Journal
Virginia Law Review Volume: 63 Issue: 2 Dated: (MARCH 1977) Pages: 221-248
Date Published
1977
Length
28 pages
Annotation
THE JUVENILE JUSTICE STANDARDS PROJECT AIMS TO SPUR THE IMPLEMENTATION OF A UNIFORM SYSTEM OF JUVENILE RIGHTS THROUGH THE PROMULGATION OF STANDARDS RELATING TO THE VARIOUS PROCEDURES OF THE JUVENILE COURT.
Abstract
THIS ARTICLE INTRODUCES THE STANDARDS FOR TRANSFER BETWEEN COURTS - THE PROCESS FOR ALLOCATING JURISDICTION OVER INDIVIDUALS BETWEEN THE JUVENILE AND THE CRIMINAL COURT - AND THEIR COMMENTARY AND EXPLAINS AND DEFENDS SEVERAL OF THE TRANSFER STANDARDS' POTENTIALLY CONTROVERSIAL PROVISIONS. THE FIRST SECTION OF THIS ARTICLE DESCRIBES THE TWO PARTS OF THE TRANSFER STANDARDS JUSTIFYING THE OSTENSIBLE ANOMALIES OF PART I OF THE STANDARDS WHILE IDENTIFYING THE ARGUABLE DEFICIENCY OF PART II. THE ARTICLE EXPLORES THIS POSSIBLE DEFICIENCY, THAT THE STANDARDS ADVOCATE TRANSFER BY THE JUVENILE COURT JUDGE WITHOUT ADEQUATELY CONSIDERING ALL THE OTHER METHODS - IN SECTIONS II, III, AND IV OF THE ARTICLE. SECTION II OF THE ARTICLE SETS FORTH THE FIVE GENERALLY ACCEPTED THEORETICAL METHODS FOR TRANSFER - TRANSFER BY THE JUVENILE COURT JUDGE, TRANSFER BY THE CRIMINAL COURT JUDGE, ALLOCATION BY THE PROSECUTOR, STATUTORY ALLOCATION AND NO TRANSFER - AND CONCLUDES THAT THE LAST TWO ARE NOT PRACTICAL. SECTION III OF THE ARTICLE DISCUSSES NONDISCRETIONARY ALLOCATION, ARGUING THAT SUCH A METHOD, EVEN IF ACHIEVABLE, IS UNDESIRABLE. FINALLY, SECTION IV OF THE ARTICLE EVALUATES THOSE TRANSFER METHODS THAT REALISTICALLY ARE AVAILABLE AND FINDS THAT TRANSFER BY THE JUVENILE COURT JUDGE IS THE SUPERIOR METHOD. (AUTHOR ABSTRACT)...ELW