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Revival of Retribution: Affirming Right and Denying Wrong

NCJ Number
160794
Journal
Juvenile and Family Justice Today Volume: 4 Issue: 3 Dated: (Winter 1995-1996) Pages: 6-7
Author(s)
H Hurst III
Date Published
1996
Length
2 pages
Annotation
This article summarizes a 1981 paper critically examining trends and changes in juvenile justice policies and assesses the situation in 1996, with emphasis on the implications of the return to classical and punitive concepts.
Abstract
Although the numbers of juvenile status offenders detained in pretrial secure detention facilities declined sharply following the implementation of the Juvenile Justice and Delinquency Prevention Act of 1974, the use of the least restrictive alternative as a principle to guide the disposition of juvenile delinquency cases involving a criminal law violation had disappeared by the early 1980's. States were also considering youthful offender laws; however, they should examine the experience of California and New York before assuming that these laws will control youthful crime. Other trends in the early 1980's were actuarial sentencing, determinate sentences, an emphasis on criminal responsibility for juvenile offenders, the possible elimination of confidentiality of juvenile proceedings, and a lack of attention to juvenile delinquency prevention. As a result of these trends, juvenile justice system policies are similar to those of a century ago. However, the lack of rational analysis of public policies and the strong public support for retribution against children make juvenile justice reform unlikely anytime soon. Photograph