NCJ Number
87748
Journal
New England Journal on Prison Law Volume: 8 Issue: 2 Dated: (Summer 1982) Pages: 483-527
Date Published
1982
Length
45 pages
Annotation
The Massachusetts statute allowing the transfer of cases from the juvenile to the adult criminal court ensures that the rights of adults are afforded to juveniles, thus making the transfer process constitutionally sound.
Abstract
In Kent v. United States (1966), the Supreme Court ruled that the rights of due process and fundamental fairness as required by the 14th amendment must be applied to juveniles. Nevertheless, it remains unclear whether the restructuring of the juvenile justice system and the subsequent enactment of the Massachusetts transfer statute have alleviated the problems of the juvenile crime within the Commonwealth. Presently, there are problems within the justice system; juvenile centers should be established for housing youths who have been transferred to the adult courts, found guilty, and sentenced as adults. These new facilities should be under the auspices of the Department of Corrections. The article provides 306 footnotes. (Author summary modified)