NCJ Number
52339
Journal
New York University Review of Law and Social Change Volume: 6 Issue: 2 Dated: (SPRING 1977) Pages: 217-237
Date Published
1977
Length
21 pages
Annotation
THIS ARTICLE EXAMINES PROVISIONS OF A NEW YORK STATE LAW MANDATING MINIMUM SENTENCES FOR VIOLENT YOUNG OFFENDERS AND SPECIFYING CERTAIN DUE PROCESS SAFEGUARDS. CHALLENGES TO THE ACT ARE REVIEWED.
Abstract
THE JUVENILE JUSTICE REFORM ACT, PASSED BY THE NEW YORK LEGISLATURE IN 1976, CODIFIES THE TRADITIONAL BEST INTERESTS TEST UNDER WHICH COURT-ORDERED DISPOSITIONS ARE PREDICTED ON THE REHABILITATIVE NEEDS OF EACH YOUTHFUL OFFENDER, PROVIDES FOR CERTAIN DUE PROCESS PROCEDURES, AND MANDATES PENALTIES FOR CERTAIN CLASSES OF DRUG OFFENDERS AND FOR VIOLENT OFFENDERS. SO FAR LEGAL CHALLENGES HAVE CONCERNED THE RIGHT TO JURY TRIALS, THE RIGHT TO TREATMENT, AND MANDATORY COMMITMENTS. THE MCKEIVER DECISION (1971) LEFT THE JURY TRIAL ISSUE UNCLEAR, AND IT REMAINS UNCLEAR UNDER THE 1976 ACT. THE RIGHT TO TREATMENT UNDER THESE PROVISIONS IS ASSURED BECAUSE THE ACT SUBJECTS JUVENILES TO MUCH LONGER MINIMUM PERIODS OF CONFINEMENT. CHALLENGES TO THE MANDATORY SENTENCING SECTIONS OF THE DRUG LAW HAVE REVOLVED AROUND DENIAL OF EQUAL PROTECTION, LEGISLATIVE INFRINGEMENT INTO JUDICIAL FUNCTIONS, DENIAL OF DUE PROCESS, AND CRUEL AND UNUSUAL PUNISHMENT. IT IS CONCLUDED THAT THE DUE PROCESS REQUIREMENTS AND THE MANDATING OF GOOD RECORDKEEPING PRACTICES WILL SOLVE MANY OF THE PROBLEMS FACED BY THE NEW YORK JUVENILE JUSTICE SYSTEM. THE RESULTS OF THE MORE FORMAL PENAL APPROACH TO VIOLENT JUVENILE OFFENDERS HAVE YET TO BE ASSESSED. FOOTNOTES CONTAIN EXTENSIVE REFERENCES.