NCJ Number
184184
Journal
Minnesota Law Review Volume: 84 Issue: 2 Dated: December 1999 Pages: 327-395
Date Published
December 1999
Length
69 pages
Annotation
This article examines the transformation of the juvenile court and suggests what sensible youth crime policies should be.
Abstract
The article examines the transformation of the juvenile court from a social welfare agency to a punitive, scaled-down criminal court that imposes harsh adult-like sentences while failing to provide corresponding adult procedural protections to young offenders. It analyzes the close relationship between social structural changes, particularly racial-demographic changes, which occurred in American cities in the latter part of the 20th century and modifications in juvenile courts. It argues that urban deindustrialization, the emergence of a structural underclass, and changes in the racial characteristics and crime patterns of delinquents in the late 1980's and early 1990's account for the more recent punitive youth crime policies adopted by courts and legislatures. The article proposes that States eliminate juvenile courts and try all offenders in a single criminal justice system. Recognizing youthfulness as a mitigating factor for purposes of sentencing would acknowledge the reduced culpability of young offenders while providing juveniles the same procedural protections afforded adult defendants. It also analyzes how public policies might be tailored to address the true welfare needs of youthful offenders. Notes, figures