{"title":"Juvenile (In)Justice: Congressional Attempts to Abrogate the Procedural Rights of Juvenile Defendants","authors":"J. A. Arteaga","doi":"10.2307/1123650","DOIUrl":null,"url":null,"abstract":"The juvenile justice system seeks both to protect society from violent juveniles and to treat juvenile offenders as humanely as possible. Believing that these dual objectives are no longer reconcilable, Congress has sought to implement punitive reforms within the federal juvenile justice system that facilitate prosecuting and incarcerating youths in adult institutions. The most recent example of these efforts, House Bill 1501, sought to reform the procedures governing transfer hearings in federal courts by granting prosecutors the authority to make transfer decisions and shifting the burden of proof during transfer hearings onto juvenile defendants. Such reforms, however, are ill-conceived because they increase the likelihood that youths capable of being rehabilitated will be exposed to the consequences of prosecution in criminal court. Society is better protected when amenable youths remain within the juvenile justice system. Rather than attempting to abrogate the procedural rights of juvenile offenders, Congress should implement additional procedural safeguards to further limit the transfer of amenable youth. Language: en","PeriodicalId":51408,"journal":{"name":"Columbia Law Review","volume":null,"pages":null},"PeriodicalIF":3.4000,"publicationDate":"2002-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2307/1123650","citationCount":"4","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Columbia Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.2307/1123650","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 4
Abstract
The juvenile justice system seeks both to protect society from violent juveniles and to treat juvenile offenders as humanely as possible. Believing that these dual objectives are no longer reconcilable, Congress has sought to implement punitive reforms within the federal juvenile justice system that facilitate prosecuting and incarcerating youths in adult institutions. The most recent example of these efforts, House Bill 1501, sought to reform the procedures governing transfer hearings in federal courts by granting prosecutors the authority to make transfer decisions and shifting the burden of proof during transfer hearings onto juvenile defendants. Such reforms, however, are ill-conceived because they increase the likelihood that youths capable of being rehabilitated will be exposed to the consequences of prosecution in criminal court. Society is better protected when amenable youths remain within the juvenile justice system. Rather than attempting to abrogate the procedural rights of juvenile offenders, Congress should implement additional procedural safeguards to further limit the transfer of amenable youth. Language: en
期刊介绍:
The Columbia Law Review is one of the world"s leading publications of legal scholarship. Founded in 1901, the Review is an independent nonprofit corporation that produces a law journal edited and published entirely by students at Columbia Law School. It is one of a handful of student-edited law journals in the nation that publish eight issues a year. The Review is the third most widely distributed and cited law review in the country. It receives about 2,000 submissions per year and selects approximately 20-25 manuscripts for publication annually, in addition to student Notes. In 2008, the Review expanded its audience with the launch of Sidebar, an online supplement to the Review.