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Indeterminate and Determinate Sentencing of Juvenile Delinquents - A National Survey of Approaches to Commitment and Release Decision-Making

NCJ Number
100090
Journal
Juvenile and Family Court Journal Volume: 36 Issue: 2 Dated: (Summer 1985) Pages: 1-12
Author(s)
M L Forst; B A Fisher; R B Coates
Date Published
1985
Length
12 pages
Annotation
This paper presents a typology for categorizing different approaches to juvenile sentencing within and across the dimensions of determinacy and indeterminacy and then uses this model to report the results of a survey of State sentencing and release decisions.
Abstract
A review of critical arguments in the debate over juvenile sentencing policies focuses on the institutionalization of status offenders, the lack of procedural safeguards in juvenile courts and corrections, and the criminal justice system's response to violent and chronic juvenile offenders. The typology described in the paper categorizes indeterminate-sentencing States according to whether legal authority for release lies with a judge, juvenile corrections agency, or parole board. Determinate-sentencing States are categorized by the branch of government that has responsibility for devising the sentencing standards: the legislature, the judiciary, or executive (corrections agency or parole board). Using this typology, the article classifies juvenile sentencing policies in the 50 States and the District of Columbia and highlights the survey's findings. Overall, 45 States and the District of Columbia were classified as indeterminate. Other areas addressed by the survey included parameters of indeterminate commitments and serious delinquent statutes. Charts and 12 footnotes.