skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 52244 Find in a Library
Title: REFERENCE OF JUVENILE OFFENDERS FOR ADULT PROSECUTION THE LEGISLATIVE ALTERNATIVE TO ASKING UNANSWERABLE QUESTIONS
Journal: MINNESOTA LAW REVIEW  Volume:62  Issue:4  Dated:(APRIL 1978)  Pages:515-618
Author(s): B C FELD
Corporate Author: University of Minnesota Law School
Institute on Criminal Justice
United States of America
Date Published: 1978
Page Count: 104
Sponsoring Agency: University of Minnesota Law School
Minneapolis, MN 55455
Format: Article
Language: English
Country: United States of America
Annotation: THE PRESENT JUDICIAL WAIVER PROCESS FOR TRANSFERRING JUVENILES TO THE JURISDICTION OF ADULT COURTS IN MINNESOTA IS CRITICIZED, AND AN ALTERNATIVE APPROACH IS PROPOSED.
Abstract: DRAWING ON SOCIAL SCIENCE RESEARCH AND EMPIRICAL EVALUATIONS OF JUDICIAL WAIVER ADMINISTRATION IN MINNESOTA AND ELSEWHERE, IT IS ARGUED THAT JUDICIAL WAIVER STATUTES REQUIRE JUVENILE COURTS TO MAKE INDIVIDUALIZED DETERMINATIONS AS TO A YOUTH'S AMENABILITY TO TREATMENT AND THE DANGER TO SOCIETY POSED BY THE YOUTH'S RETENTION WITHIN THE JUVENILE SYSTEM THAT, USING CURRENT METHODS OF CLINICAL PREDICTION, SIMPLY CANNOT BE MADE WITH AN ACCEPTABLE DEGREE OF ACCURACY. HOWEVER, IT IS BELIEVED THAT ACTUARIAL METHODS BASED ON PRESENT OFFENSE AND PAST RECORD CAN BE USED TO IDENTIFY IN ROUGH TERMS THOSE JUVENILES LIKELY TO RECIDIVATE AND, ACCORDINGLY, POSE A THREAT TO PUBLIC SAFETY. THE VIEW IS EXPRESSED THAT A LEGISLATIVELY CREATED WAIVER MECHANISM THAT AUTOMATICALLY EXCLUDES CERTAIN YOUTHS FROM THE JUVENILE JUSTICE SYSTEM ON THE BASIS OF PRESENT OFFENSE AND PAST RECORD WILL NOT ONLY BE MORE ACCURATE IN IDENTIFYING THOSE WHO SHOULD BE TRANSFERRED, BUT WILL ELIMINATE JUDICIAL DISCRETION IN THE TRANSFER DECISION, AND MINIMIZE THE DANGERS OF INEQUITY AND DISCRIMINATION. THE MECHANISM PROPOSED IS A MATRIX THAT USES VARIOUS COMBINATIONS OF PRESENT OFFENSE AND PAST RECORD TO MAKE THE DECISION. SOME OF THE ADVANTAGEOUS CHANGES IN THE ADMINISTRATION OF JUVENILE JUSTICE THAT MIGHT BE EXPECTED TO FLOW FROM ADOPTION OF THE PROPOSED WAIVER MECHANISM ARE INDICATED. THE APPENDIX CONTAINS A PROPOSED BILL TO IMPLEMENT THE RECOMMENDATION. AN APPENDIX AND EXTENSIVE FOOTNOTES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED -- RCB)
Index Term(s): Juvenile delinquency prevention; Juvenile justice system; Minnesota; Model law
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=52244

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.