NCJ Number
188748
Journal
Harvard Journal on Legislation Volume: 38 Issue: 1 Dated: Winter 2001 Pages: 231-247
Date Published
2001
Length
17 pages
Annotation
This paper critiques the provisions of U.S. Congress House Bill 1501, the Violent and Repeat Juvenile Offender Accountability and Rehabilitation Act of 1999.
Abstract
This legislation would establish a new standard of accountability for juvenile offenders who are tried within the Federal system. Central to the bill is a provision that gives Federal prosecutors discretion to decide whether to try juvenile offenders as adults in criminal court, revoking, in most cases, the power of judicial review. The proposed legislation also expands the scope of crimes for which a juvenile offender may be tried as an adult and lowers the age at which a juvenile offender may be criminally prosecuted in Federal court from 15 to 14. Opponents of House Bill 1501 argue that prosecutorial discretion will result in arbitrary and "politicized" decisions regarding a juvenile offender's fate. Critics further contend that harsher punishments for juveniles, particularly incarceration in adult facilities, will preclude the possibility of reform and ultimately work against social welfare. Evidence, particularly that obtained from States with similar juvenile justice policies, supports this criticism and indicates that although House bill 1501 may temporarily satisfy concerned constituents, it will do little to improve the state of juvenile justice in the United States. Instead, it will adversely affect the due process rights, as well as the health and safety, of juvenile offenders. 115 footnotes