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NATIONAL ASSESSMENT OF SERIOUS JUVENILE CRIME AND THE JUVENILE JUSTICE SYSTEM: THE NEED FOR A RATIONAL RESPONSE, V 3 - LEGISLATION, JURISDICTION, PROGRAM INTERVENTIONS AND CONFIDENTIALITY OF JUVENILE RECORDS

NCJ Number
65400
Author(s)
C P SMITH; P S ALEXANDER; G L KEMP; E M LEMERT; M G HARRIS
Date Published
1979
Length
254 pages
Annotation
TO ILLUSTRATE CURRENT LEGISLATIVE TRENDS AND DEPICT THE NATION'S RESPONSE TO SERIOUS JUVENILE CRIME, THIS REPORT REVIEWS STATUTORY PROCEDURES TO HANDLE THE SERIOUS JUVENILE OFFENDER.
Abstract
INFORMATION WAS GATHERED BASED ON A STATUTORY ANALYSIS OF FEDERAL GUIDELINES AND JUVENILE LAW IN THE 50 STATES AND THE DISTRICT OF COLUMBIA CONCERNING THE DISPOSITIONAL METHODS CREATED SPECIFICALLY FOR DEALING WITH THE SERIOUS JUVENILE OFFENDER. STATUTORY PROVISIONS ARE ALSO PRESENTED THAT RELATE TO THE JURISDICTION OF THE JUVENILE COURT AND THE CRIMINAL COURT OVER YOUTHS UNDER THE AGE OF 18 IN ALL 51 JURISDICTIONS. IT APPEARS THAT FEDERAL POLICY EFFORTS HAVE NOT PROVIDED SUFFICIENT DIRECTION TO STATES THAT DEAL WITH THE SERIOUS JUVENILE OFFENDER. THE NEWEST DISPOSITIONAL MEANS IN STATE LEGISLATIONS ARE BECOMING MORE PUNITIVE IN NATURE, PARTICULARLY IN CALIFORNIA, FLORIDA, NEW YORK, COLORADO, DELAWARE, AND WASHINGTON. JURISDICTIONAL CHANGES INCLUDE THE FLORIDA PROVISION FOR MANDATORY WAIVER HEARINGS FOR YOUTH WHO COMMIT ANY ONE OF A GROUP OF LISTED TARGET CRIMES, THE EXCLUSION OF CERTAIN OFFENSES FROM THE JURISDICTION OF THE JUVENILE COURT IN BOTH FLORIDA AND NEW YORK, AND THE CREATION IN CALIFORNIA OF A PRESUMPTION IN FAVOR OF WAIVER IF ONE OF 11 TARGET OFFENSES IS ALLEGED. COLORADO, DELAWARE, AND WASHINGTON HAVE PASSED MANDATORY SENTENCING LAWS FOR JUVENILES, AND CALIFORNIA, FLORIDA, AND NEW YORK HAVE CONTROVERSIAL PROVISIONS PERMITTING JUVENILES TO BE CONFINED IN ADULT AND YOUTHFUL OFFENDER FACILITIES. HOWEVER, MOST STATES HAVE DONE LITTLE TO DEVELOP NEW PROCEDURES FOR DEALING WITH THE SERIOUS OFFENDER. TABULAR DATA, MAPS, AND FOOTNOTES ARE INCLUDED. REFERENCES AND THE NAMES OF PARTICIPANTS IN THE NATIONAL JUVENILE JUSTICE SYSTEM ASSESSMENT CENTER ARE APPENDED.