摘要:

Merging and emerging systems of juvenile justice are a product of reforms that track juveniles into distinct legal categories. The varying ways of bringing juveniles into the adult legal process are reviewed along with the justifications for waiver. The effectiveness of waiver policies is seen as a technique of managing delinquents rather than reducing rates of recidivism. The policy implications of waiver along with suggestions for research directions are discussed.

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1996.tb00162.x

出版商:Blackwell Publishing Ltd    

年代:1996

数据来源: WILEY

摘要:

This article reviews the research literature on the main mechanisms for transferring juveniles to the criminal justice system: judicial waiver, prosecutorial direct files, and legislative exclusion from juvenile court jurisdiction. The main criteria guiding this review are the extent to which these transfer mechanisms capture serious, violent, and chronic offenders; convict and incarcerate them; and protect the public safety. Most of the research to date focuses on judicial waiver. The article makes an overall assessment of current knowledge and discusses unintended consequences of transferring juveniles to the criminal justice system.

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1996.tb00163.x

出版商:Blackwell Publishing Ltd    

年代:1996

数据来源: WILEY

摘要:

Recent increases can be seen in both the number of transferred juveniles and the number of juveniles that meet transfer criteria. Advocates of expanding the parameters for transferring juvenile offenders to adult court claim that it is an effective method of dealing with serious juvenile offenders. Little empirical evidence supports the idea that adult court sentencing of juvenile offenders is consistent, equitable or effective. This study utilizes data from a recent cohort of 472 transferred juvenile offenders in Arizona to explore the sentencing of juveniles in adult court. Logistic regression is employed to identify criminal history, offense‐related variables, and demographic variables related to both an incarcerative sentence and a sentence to probatio

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1996.tb00164.x

出版商:Blackwell Publishing Ltd    

年代:1996

数据来源: WILEY

摘要:

This study addresses the longstanding and contentious debate on the merits of transferring cases from juvenile to adult court with the expectation of more certain, severe, or effective punishment. It compares the severity, certainty and celerity of sanctions for N=800 15‐ and 16‐year‐old adolescents charged with robbery and burglary in juvenile court in New Jersey with identical offenders in matched communities in New York State whose cases are adjudicated in criminal court, and determines the effectiveness of these sanctions in reducing recidivism and reincarceration. Results showed that incarceration rates were higher for adolescents sentenced in the criminal court, but sentence lengths were comparable. However, recidivism rates were significantly lower for adolescents sentenced in the juvenile court, regardless of sentence type or severity. The results suggest that efforts to criminalize adolescent offending may not produce the desired results and may in fact be counterproductive. There is no support for legislative efforts to eliminate the special jurisprudence for adolescent crimes or the separate jurisdiction for juvenile offe

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1996.tb00165.x

出版商:Blackwell Publishing Ltd    

年代:1996

数据来源: WILEY

摘要:

This paper examines the effectiveness of two sentencing strategies for managing serious and violent juvenile offenders: judicial waiver to adult court and determinate sentencing in juvenile court. Corrections data were analyzed and it was found that both groups consistently receive longer terms of incarceration than are available through normal juvenile justice processing. However, this finding changed when actual time served was taken into consideration. A discriminant analysis showed that juveniles determin‐ately sentenced in juvenile court are more likely to be younger and receive and serve shorter sentences than juveniles waived to adult court and sentenced to priso

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1996.tb00166.x

出版商:Blackwell Publishing Ltd    

年代:1996

数据来源: WILEY

摘要:

In 1994, Florida made three changes to its law that expanded its ability to transfer or waive juvenile offenders into adult court. This study demonstrates what would have happened to a random sample of 1993 cases had the new provisions been in effect. Florida's new provisions may double the number of cases coming to adult court and will have an impact on both the juvenile and adult systems. Both a new mandatory direct file provision and a new presumptive judicial waiver provision are likely to have greater impact than is a change that expands discretionary direct filing to fourteen‐ and fifteen‐year‐old offenders. Both the mandatory and presumptive provisions are triggered by prior record information rather than current offense factors. The implications of the changes for juvenile justice philosophy and juvenile court are disc

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1996.tb00167.x

出版商:Blackwell Publishing Ltd    

年代:1996

数据来源: WILEY

摘要:

The fate awaiting the juvenile charged with murder varies considerably from state to state. In some jurisdictions the youth (depending on age) would have to be prosecuted in juvenile court and receive at worst the most severe sanction available in that forum. In other locations the juvenile could have to be tried in adult court or could be sent there by either a judge or a prosecutor, and would be eligible for an adult sentence, including possibly the death penalty. This study examines the country's various policies regarding the prosecution of juvenile murderers, as well as the implications behind both using the juvenile versus the adult court for these prosecutions and extending the transfer power to the prosecutor versus the judge.

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1996.tb00168.x

出版商:Blackwell Publishing Ltd    

年代:1996

数据来源: WILEY

摘要:

Like many states, New Mexico has experienced a “get‐tough” movement in regard to the handling of juvenile offenders. In 1993 the state formulated a major revision of˜the˜Children's Code, and this revision did a variety of things. Among the changes incorporated into the Children's Code revision was a movement from essentially one category of offenders ‐ delinquent children – with provisions for transferring certain serious offenders to adult court, to three categories. The additional two categories of juvenile offenders included “youthful offenders” and “serious youthful offenders.” The upshot of these designations was that the state legislature more carefully defined the jurisdiction of the children's (juvenile) court, and prescribed more severe punishment for the most serious offenders. This article explores some of the forces at work in bringing about the revisions in New Mexico's Children's Code. We argue that the personal and institutional goals of politicians and other opinion leaders were more important than a rational reaction to any real crisis. Specifically, the threat to institutional resources posed by such serious offenders may well have kept institutional stakeholders within the juvenile justice system from objecting to recent changes in New Mex

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1996.tb00169.x

出版商:Blackwell Publishing Ltd    

年代:1996

数据来源: WILEY