NCJ Number
37553
Journal
American Criminal Law Review Volume: 14 Issue: 1 Dated: (SUMMER 1976) Pages: 29-57
Date Published
1976
Length
29 pages
Annotation
THIS ARTICLE REVIEWS STATE STATUTES PERMITTING PROSECUTORS TO DECIDE WHETHER OR NOT JUVENILE DEFENDANTS ARE TRIED IN JUVENILE COURT OR IN ADULT COURTS.
Abstract
IT ADDRESSES THE QUESTIONS OF DESIRABILITY AND VALIDITY OF PROSECUTORIAL DISCRETION IN THIS MATTER, AND IT SUGGESTS METHODS BY WHICH THE RIGHT TO JUVENILE TREATMENT MAY BE PROTECTED. CONCENTRATING ON KENT V. UNITED STATES, WHICH ESTABLISHED PROCEDURES FOR JUDICIAL WAIVER OF JUVENILE STATUS, THE ARTICLE PROPOSES THAT PROSECUTORIAL DISCRETION IN JUVENILE JURISDICTION ISSUES BE HALTED IN VIEW OF INSUFFICIENT DUE PROCESS CONTROLS. THE JUDICIAL WAIVER METHOD IS ADVOCATED ON THE CONTINGENCY THAT LEGISLATORS PROVIDE NARROW CONTROLS.