NCJ Number
63707
Date Published
1979
Length
79 pages
Annotation
TO EXAMINE THE IMPACT OF NEW YORK'S NEW JUVENILE OFFENDER STATUTE, THE CASES OF ALL 1,124 JUVENILE OFFENDERS ARRESTED IN NEW YORK CITY BETWEEN SEPTEMBER 1, 1978, AND MAY 1, 1979, WERE ANALYZED.
Abstract
EFFECTIVE ON SEPTEMBER 1, 1978, THE LAW EXTENDED CRIMINAL RESPONSIBILITY TO YOUTHS AGE 13 THROUGH 15 FOR CERTAIN VIOLENT FELONIES. IT PERMITTED SUCH OFFENDERS TO BE PROSECUTED IN THE ADULT COURT, ALTHOUGH CASES COULD BE REMOVED TO THE FAMILY COURT AT ANY POINT IN THE PROCESS. DATA FOR THE PRESENT STUDY WERE GATHERED FROM STATE AND LOCAL RECORDS. RESULTS SHOWED THAT OVER THREE-QUARTERS OF THE ARRESTS WERE FOR ROBBERIES, WITH THE TYPICAL OFFENDER BEING A 15 YEAR OLD BLACK MALE. ONE-QUARTER OF THE VICTIMS WERE CHARACTERIZED AS 'ESPECIALLY VULNERABLE.' ALMOST HALF THE JUVENILES WERE RELEASED ON THEIR OWN RECOGNIZANCE; HALF HAD BAIL SET; AND 5 PERCENT WERE REMANDED WITHOUT BAIL. CASE DISPOSAL PATTERNS VARIED FROM COUNTY TO COUNTY. A TOTAL OF 35 PERCENT OF THE CASES WERE TRANSFERRED TO THE SUPREME COURT; HALF WERE REMOVED TO FAMILY COURT; AND 15 PERCENT WERE DISMISSED. ATTEMPTED MURDER AND MURDER CASES SHOWED THE LOWEST RATES OF REMOVAL TO FAMILY COURT. FOR CASES TRANSFERRED TO THE SUPREME COURT, THE INDICTMENT RATE WAS CLOSE TO 80 PERCENT; SEVEN-EIGHTHS OF THESE RESULTED IN CONVICTIONS OR GUILTY PLEAS ON LESSER CHARGES. AVERAGE TIME FROM CRIMINAL COURT ARRAIGNMENT TO INDICTMENT WAS 35 DAYS; AVERAGE TIME FROM INDICTMENT TO DISPOSITION, FOUR MONTHS; AVERAGE TIME FROM DISPOSITION TO SENTENCING, 44 DAYS. OF THE 129 CASES REMOVED TO FAMILY COURT, 22 PERCENT WERE PLACED IN SECURE FACILITIES; 18 PERCENT WERE PLACED IN OTHER FACILITIES; AND 48 PERCENT RECEIVED PROBATION. ONE-EIGHTH OF THOSE OBTAINING PRETRIAL RELEASE FAILED TO APPEAR IN COURT. ABOUT 5 PERCENT WERE ARRESTED MORE THAN ONCE. ADDITIONAL FINDINGS, FOOTNOTES, AND EXTENSIVE TABLES ARE INCLUDED. (CFW)