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NCJ Number: 119908 Find in a Library
Title: Trial and Incarceration of Juveniles as Adults: Recent Developments in Massachusetts
Journal: New England Journal on Criminal and Civil Confinement  Volume:15  Issue:1  Dated:(Winter 1989)  Pages:103-120
Author(s): I Shalom
Date Published: 1989
Page Count: 18
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: Massachusetts has enacted legislation that provides for the trial and incarceration of juveniles as adults for the commission of serious crimes, most recently amending this legislation in 1985. This note focuses on these changes.
Abstract: The note first examines the procedure permitted by statute, as interpreted by the courts, regarding the processing of juveniles upon arrest. This includes a discussion of the fingerprinting and photographing of juveniles as well as their rights under the Miranda ruling. The note then addresses the issue of pretrial detention of juveniles, as permitted by Massachusetts law. Next, the note considers the criteria used by the courts, as provided by statute, for the determination of which juveniles will be tried as adults and possibly incarcerated. The note concludes with an assessment of the success of the Massachusetts approach, drawing a comparison with alternative approaches. The note concludes that it is unwarranted to use a tough policy toward juvenile crime that is contrary to the intent of the State legislature when the necessity for such a policy has not been established. A suggested alternative is to provide swift and just punishment to those juveniles whose transfer for trial as adults is warranted under the originally established standards. 107 footnotes.
Main Term(s): Juvenile inmates
Index Term(s): Juvenile court procedures; Juvenile court waiver; Juveniles in adult facilities; Massachusetts; Serious juvenile offenders
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