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Judge's Guide to Juveniles Before the Adult Criminal Court

NCJ Number
198071
Editor(s)
Steven Weller J.D., Robin E. Wosje J.D.
Date Published
2002
Length
136 pages
Annotation
This document, developed under a grant from the Bureau of Justice Assistance, the Corrections Program Office, the Office of Juvenile Justice and Delinquency Prevention and the State Justice Institute, is the outgrowth of a course entitled “Children as Adults in Court,” focusing on special issues involved in dealing with juveniles in adult criminal court.
Abstract
Addressing differences in dealing with juveniles in adult criminal court, this benchbook is an outgrowth of a course entitled “Children as Adults in Court.” Developed under a grant from the Bureau of Justice Assistance, the Corrections Program Office, the Office of Juvenile Justice and Delinquency Prevention and the State Justice Institute, this document begins by arguing that the purpose of the juvenile justice system is changing nationwide. Following a discussion of the research on the effectiveness of juvenile transfer to adult criminal court, the authors emphasize the need for special expertise in handling juvenile transfer cases. After presenting a brief discussion of the importance of both ethics and judicial discretion in exercising creativity to utilize inventive approaches to decision making, this benchbook presents an overview of juvenile transfer laws highlighting transfer provision, mechanisms, judicial waivers, amenability to treatment, dangerousness of individual juveniles, and blended sentencing. Following a discussion of the importance of understanding juvenile judgment and cognition in determining compliance and culpability, the document turns to issues of race, gender, and culture, highlighting racial minority over-representation and gender-specific programming within the criminal justice system. After addressing child mental disorders, disabilities, and substance abuse, the document describes various ways to utilize psychological assessments within the criminal justice system while being sensitive to special education issues as well. Focusing on trial issues, the authors detail the trial process, discussing in-court culture and behavior. In the section on sentencing, this benchbook presents the general principles of juvenile sentencing, sentencing protocol, essential tools used in the sentencing process, mitigating factors, and the role of the judge. Following a discussion focusing on statistics concerning juveniles in prisons and jails, the authors present a series of questions for judges seeking to reduce juvenile crime. Appendices discussing special provisions of special education law and of the American Bar Association’s juvenile standards are followed by a bibliography to complete this benchbook.