NCJ Number
54048
Journal
PROBATION AND PAROLE Issue: 9 Dated: (FALL 1977) Pages: 39-45
Date Published
1977
Length
7 pages
Annotation
THIS GIVES AN OVERVIEW OF NEW YORK STATUTES AND COURT DECISIONS COVERING THE CONFIDENTIALITY OF THE PROBATION PRESENTENCE INVESTIGATION, FAMILY OFFENSES, RELEASE FROM JUVENILE INSTITUTIONS, AND FINGERPRINTING OF JUVENILES.
Abstract
THE FIRST DISCUSSION, WHICH CONCERNS THE CONFIDENTIALITY OF PROBATION PRESENTENCE INVESTIGATIONS, COMPARED THE CONFLICTING PRACTICES FOUND IN VARIOUS COURTS IN NEW YORK STATE. THE REVISED FEDERAL RULES OF CRIMINAL PROCEDURE WHICH GIVE A DEFENDANT FULL ACCESS TO ANY PRESENTENCE REPORT ARE CITED. THEN THE ARGUMENTS BOTH FOR AND AGAINST SUCH ACCESS ARE PRESENTED. A FLORIDA CASE IN WHICH THE U.S. SUPREME COURT SET ASIDE A DEATH PENALTY BECAUSE THE DEFENDANT DID NOT HAVE ACCESS TO A PRESENTENCE REPORT IS REVIEWED. DIFFERENCES BETWEEN THIS CASE AND A NEW YORK CASE IN WHICH DENIAL OF ACCESS WAS UPHELD ARE POINTED OUT. THE SECOND DISCUSSION REVIEWS A NUMBER OF CHANGES IN NEW YORK LAWS RELATING TO FAMILY OFFENSE CASES. THE CHANGES INCLUDE EXPANDED DEFINITIONS, CHANGES OF COURT JURISDICTION, AND THE AUTHORIZATION OF THE NEW YORK SUPREME COURT TO ISSUE PROTECTION ORDERS. ANOTHER SECTION REVIEWS CHANGES IN THE FAMILY COURT ACT, WHICH AUTHORIZE THE FINGERPRINTING OF JUVENILES ACCUSED OF FELONIES. BRIEF DISCUSSIONS CONCERN: THE RAISING OF THE AGE LIMIT FOR 'ABUSED CHILD' FROM 16 TO 18 YEARS, NEW PROVISIONS FOR RELEASE OR DISCHARGE FROM DIVISION FOR YOUTH CORRECTIONAL INSTITUTIONS, A RULING THAT DESIGNATED FELONY CASES BE GIVEN PRIORITY OVER JUVENILE DELINQUENCY AND STATUS OFFENDER CASES BY THE PROBATION DEPARTMENT, AND A RULING SPELLING OUT TERMS FOR LIMITED LIABILITY FOR PARENTS OR GUARDIANS FOR DAMAGES COMMITTED BY CHILDREN. (GLR)