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Are Our Juvenile Courts Working? No! Yes! (From Criminal Justice 1981-1982, P 188-191, 1981, Donal E J MacNamara, ed. - See NCJ-86314)

NCJ Number
86322
Author(s)
E M Kennedy; W S White
Date Published
1981
Length
4 pages
Annotation
In these opposing views of how to handle violent juvenile offenders, one position argues for their processing in adult criminal courts while the other favors their continued processing in juvenile courts.
Abstract
Noting that violent juvenile crime is increasing at an alarming rate, Senator Edward Kennedy attributes this in some measure to juvenile court delays that contribute to high dismissal rates and legal constraints which prevent the police from fingerprinting or photographing a juvenile or placing him/her in a lineup. Further, even when a conviction is obtained, the judge may be hampered by incomplete information about a juvenile's prior record. The major problem confronted by the juvenile court, however, is its fundamental unrealistic philosophy of rehabilitation for all juveniles. To help remedy these circumstances, juveniles charged with serious offenses should be tried in adult criminal courts, and significant punishment should be imposed. Further, the law should permit the photographing and fingerprinting of juvenile offenders as well as their appearance in lineups. In addition, juvenile courts should be taken out of the business of punishing status offenders. The opposing position questions the assumption that violent juvenile crime is as serious a problem as the public has been led to believe and that the adult criminal courts would be any more effective than the juvenile courts in dealing with such offenders. There are indications that juvenile courts have been more effective in institutionalizing violent juvenile offenders than have the adult criminal courts. Further, the ineffectiveness of juvenile corrections has been greatly exaggerated according to a number of studies. Most States do permit the fingerprinting and photographing of juveniles.