EQUALITY OF SENTENCING BETWEEN JUVENILES AND ADULTS - A LOGICAL EXTENSION OF PEOPLE V. OLIVAS

• NCJ Number: 60552
• Journal: Pacific Law Journal Volume: 10 Issue: 1 Dated: (JANUARY 1979) Pages: 161-199
• Author(s): J R PAGE
• Date Published: 1979
• Length: 39 pages
• Corporate Author: University of the Pacific
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: REPRINT

Annotation

DISPARITY IN THE DURATION OF CONFINEMENT AND PAROLE IMPOSED UPON JUVENILE AND ADULT OFFENDERS FOR COMMISSION OF AN IDENTICAL CRIME IS A VIOLATION OF THE JUVENILE'S GUARANTEE OF EQUAL PROTECTION.

Abstract

THIS REPORT STATES THAT CALIFORNIA HAS RECENTLY UNDERGONE A REVOLUTION IN THE THEORY AND PRACTICE OF CORRECTIONS SINCE ADOPTING THE UNIFORM DETERMINATE SENTENCING ACT IN 1976. WHILE THIS ACT ADDRESSED MANY OF THE FAILINGS OF ADULT CORRECTIONS, IT HAD ONLY AN INDIRECT AND LIMITED EFFECT UPON JUVENILES UNDER THE JURISDICTION OF THE JUVENILE COURT. TO FACILITATE AN UNDERSTANDING OF THIS DISPARITY, THE PAPER OUTLINES THE HISTORICAL DEVELOPMENT OF THE JUVENILE JUSTICE SYSTEM IN BOTH THE UNITED STATES AND CANADA. THE OUTLINE INCLUDES AN EXPLANATION OF THE CALIFORNIA STATUTORY CLASSIFICATION OF JUVENILES AND THE DISPOSITIONAL MEASURES AVAILABLE IN EACH CLASSIFICATION. IT THEN DEMONSTRATES THAT THERE ARE IDENTIFIABLE DISPARITIES BETWEEN THE SENTENCING PROVISIONS APPLICABLE TO SECTION 602 OFFENDERS, JUVENILES ADJUDGED BY A CALIFORNIA JUVENILE COURT TO HAVE COMMITTED A PUBLIC OFFENSE, AND ADULT CRIMINALS. THE DECISION OF THE CALIFORNIA SUPREME COURT IN PEOPLE V. OLIVAS IS EXAMINED WITH SPECIAL EMPHASIS UPON THE CONSTITUTIONAL ANALYSIS OF EQUAL PROTECTION EMPLOYED IN THAT CASE. THE REPORT CONCLUDES THAT DUE TO THE FACT THAT SECTION 602 OFFENDERS AND ADULTS ARE SIMILARLY SITUATED, THE DISPARITIES THAT EXIST BETWEEN THEIR INDIVIDUAL SENTENCING AND PAROLE SCHEMES MUST NOT BE IN CONFLICT WITH THE GUARANTEE OF EQUAL PROTECTION AS APPLIED BY THE CALIFORNIA SUPREME COURT. ONCE A STRICT SCRUTINY STANDARD IS APPLIED TO THE DISPARITY BETWEEN SECTION 602 OFFENDER AND ADULT SENTENCING SCHEMES, THE SECTION 602 OFFENDER'S GUARANTEE OF EQUAL PROTECTION WILL BE FOUND TO HAVE BEEN VIOLATED. THEREFORE, THE CALIFORNIA LEGISLATURE SHOULD MOVE TO ENACT LEGISLATION REGARDING SECTION 602 OFFENDERS THAT IS CONSISTENT WITH THEIR RIGHT TO EQUAL PROTECTION.