NCJ Number
171776
Journal
Valparaiso University Law Review Volume: 31 Issue: 2 Dated: (Spring 1997) Pages: 435-448
Date Published
1997
Length
14 pages
Annotation
After noting the key features of the existing juvenile justice system and describing the radical proposals for change fueled by the current media attention to juvenile crime, this article suggests some policies for dealing with youth crime in constructive rather than destructive ways.
Abstract
The current juvenile justice system is now under a four- pronged attack designed to change the character of criminal justice responses to youth crime. Prong one is a movement throughout the States to lower the minimum age at which offenders are eligible to be tried in adult court. Prong two is a movement to mandate waiver and thus require prosecution as an adult in the case of juveniles charged with certain serious crimes. Prong three would use Federal legislation to abolish the Federal requirement of segregation of adults from young offenders adjudicated delinquent in juvenile court. Prong four would abolish the Office of Juvenile Justice and Delinquency Prevention and replace it with an Office of Juvenile Crime Control; half the funds for the office would be earmarked as incentive grants for States that require automatic prosecution in adult court without a waiver hearing for juveniles as young as 14 years old who are charged with "serious violent crimes." There are no rational grounds for believing that this four-pronged approach will be cost-effective in changing the behavior of violence-prone juveniles; it is most likely to further criminalize juveniles who enter the justice system. A constructive and efficient approach to youth crime should include three elements: targeting, diverting, and a front-end focus. Targeting means that within the justice and correctional systems, severely punitive sanctions must be used sparingly and selectively. Diverting means that whenever possible, serious offenders are channeled into constructive programs of preventive education and treatment rather than to custodial confinement. A front-end focus would emphasize prevention programs that target high-risk youth before they commit crimes. 53 footnotes