NCJ Number
60622
Journal
Trial Volume: 15, Dated: (JANUARY 1979) Pages: 27-30,58-59
Date Published
1979
Length
7 pages
Annotation
THE NEW YORK STATE LAW, PASSED IN JULY 1978, WHICH REQUIRES THAT 13, 14, AND 15 YEAR OLDS ACCUSED OF CERTAIN SPECIFIC CRIMES BE HANDLED INITIALLY IN ADULT CRIMINAL COURT, IS EXAMINED CRITICALLY.
Abstract
THE LAW REPRESENTED A MAJOR CHANGE IS THE STATE'S JUVENILE JUSTICE SYSTEM. PRIOR TO THE NEW LAW, JUVENILES UNDER AGE 16 WERE PROSECUTED IN JUVENILE COURT. NEW YORK'S 1976 JUVENILE JUSTICE REFORM ACT PROVIDED THAT JUVENILES WHO COMMITTED SERIOUS CRIMES WOULD STAY IN FAMILY COURT BUT WOULD RECEIVE STRICTER PENALTIES THAN PROVIDED BY PREVIOUS LAW. BOTH MAXIMUM AND MINIMUM PENALTIES WERE IMPOSED FOR CERTAIN DESIGNATED FELONIES, WITHIN JUDICIAL DISCRETION, AND FOLLOWING SPECIAL INVESTIGATION BY THE PROBATION DEPARTMENT. TRANSFER TO THE ADULT COURT SYSTEM WAS UNANIMOUSLY REJECTED BY GROUPS PROPOSING THE 1976 STATUTE. IN CONTRAST, THE 1978 LAW, PASSED AT A SPECIAL LEGISLATIVE SESSION WITHOUT LENGTHY PRELIMINARY DELIBERATIONS, TRANSFERS ORIGINAL JURISDICTION OVER THE PREVIOUSLY DESIGNATED FELONIES, ROBBERY AND BURGLARY, TO THE ADULT SYSTEM. IN ADDITION, THE DEFENSE OF INFANCY IS ELIMINATED FOR 14 AND 15 YEAR OLDS FOR ALL LISTED CRIMES, AND FOR 13 YEAR OLDS CHARGED WITH MURDER. THEREFORE, AFTER SCREENING, THE PROSECUTOR MAY KEEP THE CASE IN ADULT COURT, TRANSFER IT TO JUVENILE COURT, OR DECLINE TO PROSECUTE. THE CRIMINAL COURT JUDGE MAY USE BROAD DISCRETIONARY POWERS BEFORE THE CASE GOES TO THE GRAND JURY. IN ADDITION, SENTENCING DISCRETION RESTS WITH THE ADULT PAROLE BOARD AND THE CRIMINAL COURT JUDGE. PRELIMINARY STATISTICS FROM NEW YORK CITY INDICATE THAT THE NEW LAW WILL NOT CHANGE THE RATE OF CONVICTIONS FOR SERIOUS CRIME. MOREOVER, THE LAW RUNS COUNTER TO RECOMMENDATIONS FROM TWO MAJOR STUDIES. A MAIN FLAW IN THE NEW SYSTEM IS ITS DEPRIVATION OF CONFIDENTIALITY, A BENEFIT OF THE JUVENILE COURT SYSTEM. THE LAW IS INEQUITABLE BECAUSE FOR CERTAIN CRIMES, 14 OR 15 YEAR OLDS NOW FACE MORE SEVERE PENALTIES THAN DO 16 TO 19 YEAR OLDS, WHO ARE CLASSIFIED AS 'YOUTHFUL OFFENDERS.' FINALLY, THE LAW GRANTS SUCH GREAT DISCRETION TO JUDGES AND DISTRICT ATTORNEYS THAT DISPARATE APPROACHES ARE INEVITABLE. BECAUSE OF THESE PROBLEMS, THE NEW YORK STATE COMMISSION ON THE FAMILY COURT SHOULD BE REVIVED AND SHOULD REVIEW THIS ENTIRE POLICY AREA. FOOTNOTES INCLUDING REFERENCES ARE INCLUDED. (CFW)