NCJ Number
56643
Journal
Temple Law Quarterly Volume: 51 Issue: 2 Dated: (1978) Pages: 390-407
Date Published
1978
Length
18 pages
Annotation
THIS CASENOTE DISCUSSES THE FEDERAL YOUTH CORRECTIONS ACT (FYCA) AND THE CASE OF THE UNITED STATES V. BRACKETT (1977) WHICH DENIED RETROACTIVE APPLICATION OF THE LAW TO A 31-YEAR-OLD INMATE IMPRISONED SINCE 1961.
Abstract
IN ACCORDANCE WITH FYCA, AN ADULT SENTENCE MAY BE IMPOSED ON A YOUTHFUL OFFENDER ONLY AFTER THE COURT HAS FOUND THAT THE YOUTH WOULD NOT BENEFIT FROM ALTERNATIVES TO INSTITUTIONALIZATION. THE U.S. SUPREME COURT IN DORSZYNSKI V. UNITED STATES (1974) RULED THAT TRIAL COURTS DID NOT HAVE TO SUBMIT STATEMENTS OF REASONS FOR THE DENIAL OF TREATMENT UNDER THE FYCA BUT THAT COURTS DID HAVE TO BE EXPLICIT IN THEIR MAKING OF A DENIAL. SENTENCING PROCEDURE UNDER THE ACT WAS AGAIN CHALLENGED IN UNITED STATES V. BRACKETT (1977). THE BRACKETT CASE INVOLVED THE APPEAL OF A 31-YEAR-OLD FELON WHO HAD PLEADED GUILTY TO MANSLAUGHTER IN 1961. AT HIS TRIAL, TREATMENT UNDER THE ACT WAS DENIED AND AN ADULT SENTENCE IMPOSED. ALTHOUGH BRACKETT'S DENIAL OF BENEFIT UNDER THE FYCA DID NOT FOLLOW THE CRITERIA SET FORTH IN DORSZYNSKI, THOSE CRITERIA WERE HELD NOT TO HAVE RETROSPECTIVE EFFECT ON COLLATERAL ATTACK. THE PRE-DORSZYNSKI STANDARD OF AN IMPLIED 'NO BENEFIT' FINDING WAS HELD APPLICABLE TO BRACKETT'S PARTICULAR SITUATION. RELIANCE ON THE FORMER STANDARD BY THE ORIGINAL JUDGE WAS JUSTIFIED BY THE LENGTH OF THE TIME OF THE STANDARD'S USE BY FEDERAL COURTS. THE RATIONALES OF THE BRACKETT OPINION, CONCURRENCE, AND DISSENT ARE ANALYZED. IT IS RECOMMENDED THAT A CONSCIOUS CONSIDERATION OF THE FYCA BE ENFORCED AS A REQUIRED ELEMENT IN THE SENTENCING OF YOUTHFUL OFFENDERS. FOOTNOTES ARE PROVIDED. (TWK).