NCJ Number
89471
Journal
New York Law School Law Review Volume: 26 Issue: 3 Dated: (1981) Pages: 773-818
Date Published
1981
Length
46 pages
Annotation
This article explores the constitutional dimensions, by way of due process analysis, of postconviction problems arising under New York's present juvenile offender provisions.
Abstract
The major shortcoming of postconviction provisions affecting juvenile offenders is the lack of clarity in the legislation. Responsibility is not clearly defined across the State's Division for Youth and Department of Correction boundaries. This lack of clarity may seriously jeopardize the due process rights of juvenile offenders in a wide range of situations during which important liberty interests are at stake. Due process rights should be extended to juvenile offender residents on the basis that internal disciplinary concerns are not as overwhelming as they may be in the adult setting. Fundamentally fair procedures should be seen as part of the rehabilitative effort in every phase of postconviction proceedings. Footnotes are included. (Author summary modified)