NCJ Number
5123
Journal
Albany Law Review Volume: 36 Issue: 2 Dated: (WINTER 1972) Pages: 241-368
Date Published
1972
Length
128 pages
Annotation
THE HISTORY OF THE NEW YORK LEGISLATION WHICH SELECTIVELY RELIEVES OLDER ADOLESCENT DEFENDANTS FROM THE FULL RANGE OF PENAL SANCTIONS.
Abstract
ALTHOUGH SIXTEEN THROUGH NINETEEN YEAR OLDS ARE HELD TO ADULT STANDARDS OF CRIMINAL RESPONSIBILITY, THEY REPRESENT A DISTINCT AGE GROUP REQUIRING SPECIAL TREATMENT WITH THE EMPHASIS ON REHABILITATION. THE 1970 NEW YORK YOUTHFUL OFFENDER ACT EXCLUDES ANY OFFENDER INDICTED FOR A CAPITAL OFFENSE, A CLASS 'A' FELONY UNDER NEW YORK CRIMINAL CODE, OR ANYONE HAVING A PREVIOUS FELONY CONVICTION. IN MISDEMEANOR CASES A YOUTH CONVICTED IN A LOCAL CRIMINAL COURT ON A FIRST OFFENSE MUST RECEIVE YOUTHFUL OFFENDER TREATMENT ON REQUEST. FOR ALL OTHER CONVICTED ELIGIBLE YOUTHS, THE COURT MUST MAKE THE DETERMINATION. THE ACT HAS PROVISIONS FOR SEALING THE ACCUSATORY INSTRUMENT OF AN APPARENTLY ELIGIBLE YOUTH, AN OPTIONAL PRIVATE TRIAL, AND RELIEF FROM THE FORMAL DISABILITIES OF A CRIMINAL CONVICTION.