NCJ Number
42056
Journal
Iowa Law Review Volume: 62 Issue: 4 Dated: (APRIL 1977) Pages: 1173-1188
Date Published
1977
Length
16 pages
Annotation
THIS COMMENT CRITICALLY ANALYZES THE APPLICATION OF THE STANDARDS IN DORSZYNSKI V UNITED STATES (1974) WHERE THE SUPREME COURT HELD THAT AN EXPLICIT FINDING OF 'NO BENEFIT' BE MADE WHEN A YOUTH IS SENTENCED AS AN ADULT.
Abstract
THE REVIEWER CRITICIZES THE STANDARDS AS THEY WERE APPLIED BY THE COURT OF APPEALS OF THE EIGHTH CIRCUIT'S RECENT DECISION IN SCRUGGS V. UNITED STATES WHICH HELD THAT THE DISTRICT COURT'S DETERMINATION OF 'NO BENEFIT' UNDER SECTION 5010(D) OF THE FEDERAL YOUTH CORRECTIONS ACT (FYCA) SATISFIED PROCEDURAL REQUIREMENTS. INITIALLY THE LEGISLATIVE AND JUDICIAL HISTORY OF THE SECTION OF THE FYCA IS REVIEWED. THE SCRUGGS DECISION IS THEN EVALUATED WITH AN INITIAL EMPHASIS ON THE FAILURE OF THE SCRUGGS COURT'S CIRCUMVENTION OF THE EXPLICIT 'NO BENEFIT' REQUIREMENT OF DORSZYNSKI, AND A SECONDARY EMPHASIS ON THE FAILURE OF THE SCRUGGS COURT TO SATISFY ITS OWN, PREVIOUSLY ARTICULATED STANDARDS FOR APPLYING THE DORSZYNSKI RULING. FINALLY, PROBABLE REASONS AND POSSIBLE REMEDIES FOR THE DISCREPANCIES THAT EXIST BETWEEN SCRUGGS AND DORSZYNSKI ARE SUGGESTED IN ORDER TO CAUTION AGAINST FUTURE MISAPPLICATIONS OF SECTION 5010(D) OF THE FYCA.(AUTHOR ABSTRACT MODIFIED)...TWH