NCJ Number
121845
Journal
Boston University Law Review Volume: 68 Issue: 5 Dated: (November 1988) Pages: 821-915
Date Published
1988
Length
95 pages
Annotation
Because the changing sentencing practices in juvenile court focus on punishment for the offense committed (the Principle of Offense) rather than examining the offender's best interests and providing treatment, fundamental questions arise about the adequacy of procedural protections in juvenile court and whether, in fact, a separate juvenile court exists any longer.
Abstract
The historical background of the development of the juvenile court system is traced, along with the impact of the Supreme Court's decision in 1967 In re Gault as well as other relevant case law. Changes in sentencing practices are analyzed, with emphasis on the shift away from rehabilitation to just deserts. State juvenile court sentencing statutes are analyzed and compared. As the juvenile court continues to resemble adult court except in its procedural deficiencies, policymakers must decide whether the institution of juvenile court, based on the principle of rehabilitation, should be restored or preserved. Table contains summaries of State juvenile sentencing statutes. 445 footnotes.