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NCJ Number: 39406 Find in a Library
Title: JUVENILE JUSTICE - NEW YORK'S ACT IS HARD TO FOLLOW
Journal: TRIAL  Volume:13  Issue:2  Dated:(FEBRUARY 1977)  Pages:28-29,32-35
Author(s): F COHEN
Corporate Author: Association of Trial Lawyers of America
United States of America
Date Published: 1977
Page Count: 6
Sponsoring Agency: Association of Trial Lawyers of America
Format: Article
Language: English
Country: United States of America
Annotation: AN EXAMINATION AND CRITIQUE OF THE NEW YORK STATE JUVENILE JUSTICE REFORM ACT OF 1976, WITH SUGGESTIONS FOR REFORMS IN THE CLASSIFICATION, DISPOSITION, AND TREATMENT OF JUVENILES.
Abstract: THE AUTHOR CLAIMS THAT THE NEW JUVENILE JUSTICE REFORM ACT (JJRA) SEEKS TO COMBINE THE PUNISHMENT AND MEDICAL MODELS FOR HANDLING OF JUVENILES. THE JJRA CALLS FOR POSSIBLE SEVEN-YEAR TERMS OF SECURE CONFINEMENT OF SERIOUS JUVENILE OFFENDERS, WHILE PROVIDING A REQUIREMENT OF A DIAGNOSTIC ASSESSMENT BEFORE A JUDGE CAN IMPOSE A RESTRICTIVE PLACEMENT AND A REQUIREMENT FOR INDIVIDUAL TREATMENT PLANS FOR EACH JUVENILE. SPECIFIC PROVISIONS AND PROCEDURES SET FORTH IN THE JJRA ARE EXAMINED AND CRITICIZED. FOR EXAMPLE, THE AUTHOR STATES THAT THE LAW VACILLATES BETWEEN A SEARCH FOR INDIVIDUAL PATHOLOGY AND THE VIEW THAT SERIOUS OFFENSES BY JUVENILES WITH A RECORD SHOULD RECEIVE A MORE SERIOUS DISPOSITION THAN OTHER JUVENILES. HE CLAIMS THAT THE JJRA IS LENGTHY, COMPLICATED, AND POORLY DRAFTED, AND THAT IT DOES NOT ADEQUATELY MEET THE PROBLEMS IT ATTEMPTS TO DEAL WITH. FINALLY, THE AUTHOR PROPOSES SEVERAL REFORMS, INCLUDING CREATION OF A LEGAL CATEGORY OF 'JUVENILE OFFENDER' TO COVER JUVENILES ENGAGING IN CRIMINAL BEHAVIOR, USE OF DETERMINATE DISPOSITIONS FOR JUVENILES, CREATION OF A RIGHT TO SERVICES FOR JUVENILES, AND REMOVAL OF STATUS OFFENDERS FROM THE JUVENILE COURT'S JURISDICTION.
Index Term(s): Juvenile codes; Juvenile courts; Juvenile justice reform; Juveniles; New York; State laws; Violent crimes
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=39406

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