NCJ Number
180267
Editor(s)
Patricia M. Harris Ph.D.
Date Published
1999
Length
38 pages
Annotation
After reviewing the nature and impact of State statutory changes designed to address violent crime by juveniles, this paper proposes a juvenile sanctioning framework that aims both to punish juveniles fairly and enhance public safety in the short-term and the long-term.
Abstract
The author advises that given the fundamental distinction between juvenile justice, with its focus on the offender and providing treatment and advocacy to promote change, and criminal justice, with its focus on the crime and the imposition of retributive punishment and deterrence, both systems must retool somewhat to meet the challenges posed by violent and other serious juvenile offenders. Neither system is inherently incapable of meeting the challenge of balancing punishment with rehabilitation, but changes such as those mentioned in this paper are required. The challenge is to establish a framework for change. In handling cases of extreme predatory violence, the juvenile justice system must make concessions on how long jurisdiction can last. This can be established in terms of a maximum age of extended jurisdiction or a minimum number of years, perhaps whichever is longer. Dispositions with minimums that are more in line with the severity of the violent crime should be considered. One benefit of handling such cases within a special unit within the juvenile system is that the potential problem of leniency accorded juveniles within the criminal justice system may be countered. It is also crucial to incorporate within a disposition involving incarceration or placement the share of time allotted to postinstitutional supervision and enhanced service delivery. Adequate resources and staffing for supervision and services in the community are needed to ensure that gains made and lessons learned while confined can persist. Confinement of juveniles without considering their age and developmental status is risky. Problems can arise both in terms of vulnerabilities among the juveniles and the impact on the overall maintenance of order for the older, adult population. For this reason, placing juveniles in a general adult population can lead to serious problems and disorder. Graduated and dedicated incarceration arrangements as well as daily routines that are geared specifically to adolescents should be used. 3 notes and 53 references