NCJ Number
60623
Journal
Trial Volume: 15 Dated: (JANUARY 1979) Pages: 31-33
Date Published
1979
Length
3 pages
Annotation
N.Y. STATE'S 1978 JUVENILE JUSTICE LAW STIFFENS PENALTIES FOR JUVENILES WHO COMMIT SERIOUS OFFENSES, LOWERS THE AGE AT WHICH A JUVENILE CAN BE TRIED AS AN ADULT, AND DEINSTITUTIONALIZES STATUS OFFENSES.
Abstract
THE ACT IS IN RESPONSE TO RISING JUVENILE CRIME RATES IN THE STATE. BEFORE, THE MAXIMUM SENTENCE A JUVENILE COULD RECEIVE WAS 18 MONTHS. THIS SENTENCE COULD BE EXTENDED UNTIL THE PERSON WAS 18, BUT THEN THE ADULT COURT HAD NO AUTHORITY. AS A RESULT A FEW CHRONIC OFFENDERS WERE RETURNED TO THE STREETS TO COMMIT MORE CRIMES. NOW A PERSON AS YOUNG AS 14 MAY BE TRIED AS AN ADULT FOR CRIMES OF ROBBERY, ASSAULT, RAPE, SODOMY, MANSLAUGHTER, SERIOUS ARSON, KIDNAPPING, AND CERTAIN CATEGORIES OF BURGLARY. THOSE BETWEEN 13 AND 15 WHO ARE ACCUSED OF MURDER ALSO ARE SUBJECT TO ADULT CRIMINAL COURT JURISDICTION. ON THE OTHER HAND, THE LAW FORBIDS THE INSTITUTIONALIZATION OF YOUTHS FOR STATUS OFFENSES AND MANDATES COUNSELING, COMMUNITY FACILITIES, AND OTHER ALTERNATIVES FOR PERSONS IN NEED OF SUPERVISION (PINS CASES). THE NUMBER OF JUVENILE CRIMINALS IN THE STATE IS SMALL: LESS THAN 1 OF 10 ARRESTS OF JUVENILES IS FOR VIOLENT CRIME AND ABOUT 1 OF 6 ARRESTS FOR VIOLENT CRIME IS JUVENILE. ALTHOUGH THE NUMBER OF VIOLENT CRIMES IS DECREASING, THIS NEW LAW ALLOWS THE STATE TO SEPARATE THOSE YOUTHFUL OFFENDERS WHO DESERVE TOUGH SENTENCES FROM THOSE WHO DO NOT.