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Crime Scene: Treating Juveniles as Adults

NCJ Number
173279
Journal
Trial Volume: 33 Issue: 7 Dated: July 1997 Pages: 34-37-40
Author(s)
H, III Hurst
Date Published
1997
Length
6 pages
Annotation
Adult correctional systems are increasingly challenged to develop programs for younger inmates, while juvenile correctional systems are increasingly burdened with older offenders, and State legislatures have enacted new statutes that change the way juvenile offenders are handled.
Abstract
Between 1982 and 1991, arrests of juveniles for murder and non-negligent manslaughter grew by 93 percent, while the comparable rate for adults was 11 percent. Ironically, juvenile violence declined dramatically in 1995 and 1996. An analysis of State legislative activities between 1991 and 1996 confirms legislatures have gone beyond drafting statutes to prosecute more juveniles. Five themes emerge from the analysis: (1) more serious and violent juvenile offenders are being removed from the juvenile justice system and sent to criminal court prosecution; (2) more legislatures are experimenting with new disposition and sentencing options; (3) correctional administrators are coming under increased pressure to develop programs as a result of new transfer and sentencing laws; (4) traditional confidentiality provisions are being revised in favor of more open proceedings and records; and (5) victims of juvenile crime are being included as active participants in the juvenile justice process. All States except Hawaii have enacted statutes authorizing the prosecution of children 14 years or older charged with serious felony offenses in criminal court and/or the sentencing of these children to criminal punishment by the juvenile court. New statutes have had a dramatic impact on sentencing practices, including the imposition of mandatory minimum sentences, the extension of juvenile court jurisdiction beyond the age of majority, and the imposition of "blended sentences" that mix both juvenile and adult sanctions. Dramatic shifts have also occurred in correctional programming due to an increased emphasis on protecting the public and holding offenders accountable for their actions. Correctional options for serious and violent juvenile offenders reveal a wide range of system responses, and significant legislative activities have occurred with respect to the disclosure, use, and destruction of juvenile records and the openness of juvenile court proceedings. Since 1992, 22 States have enacted laws that increase the roles and rights of juvenile crime victims. All 50 States and the District of Columbia now provide for victim rights in their juvenile codes. 25 notes and 1 figure