NCJ Number
89476
Date Published
1979
Length
40 pages
Annotation
After 6 months of operation, New York State's 1978 Juvenile Offender Law placing juveniles between 13 and 15 charged with murder or serious felonies under the adult criminal court's jurisdiction has failed to provide the community with greater protection from violent juvenile crime.
Abstract
The Juvenile Offender Law has caused 754 children under 16 to be subjected to the adult criminal justice process, but 464 (61 percent) were removed from this system through transfers to Family Court, dismissals, or plea bargaining. All but some 40 of the remaining juveniles were either granted bail and met it or released on their own recognizance. Only 2 of the 12 juveniles who finally completed the adult criminal justice process were tried on indictment and convicted. In contrast, the Family Court holds greater numbers in detention, especially in more serious crimes. Juvenile offenders' experience differed greatly among New York City's boroughs, particularly in the interpretation of the prosecutorial role. The law also denies Youthful Offender treatment to juveniles 13 to 15 years old convicted in the same court as youths aged 16-19 and treats male and female offenders differently regarding detention arrangements. Although the time between arrest and sentence is much longer in the adult system, detention facilities have not significantly improved their bed space, educational programs, and other services. The law should be repealed, and exclusive jurisdiction of offenders up to 16 years old should be restored to the Family Court. Tables and footnotes are included.