Journal articles: 'Adult criminal court'

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Rudman, Cary, Eliot Hartstone, Jeffrey Fagan, and Melinda Moore. "Violent Youth in Adult Court: Process and Punishment." Crime & Delinquency 32, no. 1 (January 1986): 75–96. http://dx.doi.org/10.1177/0011128786032001005.

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Despite the widespread transfer of violent youth from juvenile to criminal court, there is little empirical knowledge of the transfer process, rate of transfer, or of case outcomes, sentences, and placements of transferred juveniles. This study examines these issues for 177 violent youths considered for transfer in four urban areas, comparing court outcomes for youths transferred to criminal court with those for youths retained in juvenile court. Varying procedures, criteria, and court rules result in case processing time averaging 2.5 times greater for transferred youth. Most spend this time in detention. Violent youth considered for transfer are adjudicated at a high rate for the offenses as charged in both juvenile and criminal court. Plea bargaining for charges rarely occurred. Youth considered for transfer but retained by the juvenile court received maximum commitments and placements within the jurisdictional limits of the juvenile justice system. Transferred youth convicted in criminal court received even more severe sanctions both in nature and length. Alternatives to incarceration were rarely used by either the juvenile or criminal court.

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Feld, Barry C. "Juvenile (In)Justice and the Criminal Court Alternative." Crime & Delinquency 39, no. 4 (October 1993): 403–24. http://dx.doi.org/10.1177/0011128793039004001.

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The juvenile court has been transformed from an informal, welfare agency into a scaled-down, second-class criminal court as a result of a series of reforms that divert status offenders, waive serious offenders to adult criminal courts, punish delinquent offenders, and provide more formal procedures. There are three plausible policy responses to juvenile courts that punish in the name of treatment and deny elementary procedural justice: (a) restructure juvenile courts to fit their original therapeutic purpose; (b) accept punishment as the purpose of delinquency proceedings, but coupled with criminal procedural safeguards; or (c) abolish juvenile courts and try young offenders in criminal courts with certain substantive and procedural modifications.

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Houghtalin, Marilyn, and G. Larry Mays. "Criminal Dispositions of New Mexico Juveniles Transferred to Adult Court." Crime & Delinquency 37, no. 3 (July 1991): 393–407. http://dx.doi.org/10.1177/0011128791037003006.

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One of the lingering controversies surrounding the juvenile justice system in the United States is the transfer of juvenile offenders to adult criminal courts, ostensibly for more severe dispositions. This issue especially has been of concern as the “get-tough” movement seemingly has gained momentum over the past two decades. This article examines the waiver process in New Mexico to establish the characteristics of the juveniles subject to the process and to determine the actual, instead of symbolic, criminal court dispositions of juveniles tried as adults.

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Lehmann, Peter S., Ted Chiricos, and William D. Bales. "Sentencing Transferred Juveniles in the Adult Criminal Court." Youth Violence and Juvenile Justice 15, no. 2 (November 11, 2016): 172–90. http://dx.doi.org/10.1177/1541204016678048.

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Much prior research has demonstrated that race and ethnicity are associated with harsher punishment outcomes among adult defendants in the criminal court. However, few studies have explored these disparities in the sentencing of juvenile offenders who have been transferred to the adult court, and this research has reported conflicting findings. Moreover, the ways in which offenders’ race and ethnicity may interact with their sex, age, and offense type have yet to be explored among this population. Analysis of defendants sentenced in Florida ( N = 30,913) reveals that Black transferred juveniles are more likely to be sentenced to jail or prison and are given longer prison sentences than Whites, but Hispanic youth are only penalized in the sentence to jail. Interaction analyses suggest that Black males are sentenced particularly harshly regardless of age, and the effects of race and ethnicity are conditioned by a violent, sex, or drug offense.

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Théorêt, Bruno. "Enfance et détention correctionnelle. Le cas du tribunal des jeunes de Winnipeg entre 1930 et 1959." Criminologie 28, no. 1 (August 16, 2005): 119–38. http://dx.doi.org/10.7202/017367ar.

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In 1908, the first Canadian juvenile court was established in Winnipeg. The study of the functioning of this court during the period 1930-1959 shows that the judicial process and the sentencing decisions were in relation with two different approaches to delinquency. The first approach is the criminal one. Conceptually, this approach is close to the justice model, borrowed from adult courts which operate with retribution and deterrence. The second approach is the socio-penal approach. This approach is linked to the legal (and social) status of children characterized by the obligations of acceptable adult supervision, fixed place of residence, restrained presence in public places and sexual moralization. It includes types of delinquencies for which adults cannot be incriminated and delinquencies related to contacts with the Court. The sentencing of girls and boys whose files correspond to the criminal model is characterized by the recourse to fining, reprimand, probation and restitution while those whose files match the socio-penal model are punished by correctional detention, probation, release and fine.

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Sheeran, Alyssa M., and Amanda J. Heideman. "The Effects of Race and Ethnicity on Admission, Graduation, and Recidivism in the Milwaukee County Adult Drug Treatment Court." Social Sciences 10, no. 7 (July 8, 2021): 261. http://dx.doi.org/10.3390/socsci10070261.

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Drug courts play a key role in the criminal justice system by diverting individuals from incarceration and providing them with resources to address substance use issues and reduce criminal recidivism. However, it is unclear whether drug courts reflect—or even exacerbate—preexisting racial/ethnic disparities in the criminal justice system. While prior literature has offered some insight into the influence of race and ethnicity on drug court success, much of the focus has been on outcomes (i.e., program completion and recidivism) rather than disparities at earlier stages (i.e., referral to admittance). The current study adds to this body of research by evaluating the Milwaukee County Adult Drug Treatment Court to examine whether racial/ethnic disparities exist at several stages of the drug court process: (1) referral to admittance, (2) likelihood of graduation, and (3) likelihood of recidivism. Results of the analyses determined racial/ethnic disparities in the likelihood of admission to the drug court, as well as the likelihood of graduation. There were no racial/ethnic disparities found in the likelihood of recidivism. The analyses also identified several additional variables that were influential in the likelihood of admission (risk score, prior record), likelihood of graduation (age, prior record, custody sanctions), and recidivism (drug court outcome).

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Hörnle, Tatjana. "Consensual Adult Incest." New Criminal Law Review 17, no. 1 (January 1, 2014): 76–102. http://dx.doi.org/10.1525/nclr.2014.17.1.76.

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Criminal prohibitions against incestuous acts, including sexual acts between adults, can be found in many, albeit not all, legal systems. But are such restrictions of individual liberty justifiable from the perspective of criminal law theory? The article starts with describing a prominent case (the Stuebing case) that gave rise to arguments put forward by the German Federal Constitutional Court and the European Court of Human Rights in defense of criminal norms that prohibit adult siblings from having sexual intercourse. However, these rulings are not convincing in the light of a consent-based approach to the criminalization of sexual conduct; such a consent-based model is advocated in the article. One can conceive of circumstances that shed doubt on the validity of consent even when both participants in an incestuous relationship are adults (if one person is the child of the other, or if sexual abuse is carried on that started during the childhood of one person). However, aside from such constellations, if both partners in a sexual encounter have given valid consent, a critical analysis must lead to the conclusion that criminal prohibitions are not bolstered by convincing reasons. Neither eugenic considerations, nor arguments pointing to the protection of families, nor the idea that morality or taboos ought to be protected survive critical analysis. Therefore, legislatures should consider redrafting too far-reaching incest prohibitions.

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Fowler, Eric, and Megan C. Kurlychek. "Drawing the Line." Youth Violence and Juvenile Justice 16, no. 3 (June 28, 2017): 263–78. http://dx.doi.org/10.1177/1541204017708017.

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Every state maintains some mechanism by which youths can be tried as adults in criminal courts. While scholars have long debated the inherent benefits or detriments of prosecuting youths as adults, empirical studies of actual outcomes have provided mixed findings and have been limited by problems of selection bias and jurisdictional differences in processing. The current research aims to further inform this literature by capitalizing on a policy change in Connecticut that raised the age of criminal responsibility from 16 to 17 on January 1, 2010, creating a natural experiment to assess the recidivism differences for youths based upon the system of processing: juvenile versus adult court. Findings from a 2-year follow-up reveal that 16-year-olds processed in juvenile courts had substantially reduced rates of recidivism with odds of rearrest that were between .462 and .630 less than for 16-year-olds processed in adult courts dependent on model specification.

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KURLYCHEK, MEGAN C., and BRIAN D. JOHNSON. "JUVENILITY AND PUNISHMENT: SENTENCING JUVENILES IN ADULT CRIMINAL COURT*." Criminology 48, no. 3 (August 17, 2010): 725–58. http://dx.doi.org/10.1111/j.1745-9125.2010.00200.x.

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Tzeferakos, G., M. Papaliaga, C. Papageorgiou, P. Bali, and A. Douzenis. "Criminal insanity and psychiatric diagnoses in Greek penal cases." European Psychiatry 41, S1 (April 2017): S593. http://dx.doi.org/10.1016/j.eurpsy.2017.01.911.

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IntroductionTo our knowledge, few studies address the issue of criminal responsibility among psychiatric offenders. In Greece, articles 34 and 36 of the penal code regulate criminal insanity and diminished responsibility, respectively.ObjectivesThe objective of the present study was to provide psychiatric/legal data considering the appeal to articles 34/36 of the Greek penal code.MethodsLegal case files of 100 adult subjects, 90 male/10 female, 88 Greeks/12 foreigners were examined.ResultsAccording to the first degree court, one defendant was found criminally insane, 29 with partial responsibility, while the rest were regarded as fully capable. The decisions of the court of appeal/the supreme court of appeal were 2 criminally insane, 36 partially responsible and 62, fully criminally responsible. The decisions were unanimous in 78% of the cases.The most common diagnoses were schizophrenia spectrum psychosis (18%), antisocial/borderline/mixed personality disorder (15%) and substance use disorder (15%). Court decisions of criminal insanity/diminished responsibility were higher when the perpetrator had an Axis I diagnosis (47.5%), significantly lower in cases of personality disorder (22.2%) and even lower in cases of substance use disorder (16.7%). In patients with prior hospitalizations the percentage of criminal insanity/diminished responsibility was 55.6%, significantly higher than in cases without (24.4%).ConclusionsSchizophrenia is the most common mental disorder correlated with offenders criminally insane/partially responsible, while a history of psychiatric hospitalization is a very strong positive predictive factor for the successful appeal of the aforementioned articles.Disclosure of interestThe authors have not supplied their declaration of competing interest.

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Tedeschi, Frank, and Elizabeth Ford. "Outliers in American juvenile justice: the need for statutory reform in North Carolina and New York." International Journal of Adolescent Medicine and Health 27, no. 2 (May 1, 2015): 151–61. http://dx.doi.org/10.1515/ijamh-2015-5006.

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Abstract There is a well-established and growing body of evidence from research that adolescents who commit crimes differ in many regards from their adult counterparts and are more susceptible to the negative effects of adjudication and incarceration in adult criminal justice systems. The age of criminal court jurisdiction in the United States has varied throughout history; yet, there are only two remaining states, New York and North Carolina, that continue to automatically charge 16 year olds as adults. This review traces the statutory history of juvenile justice in these two states with an emphasis on political and social factors that have contributed to their outlier status related to the age of criminal court jurisdiction. The neurobiological, psychological, and developmental aspects of the adolescent brain and personality, and how those issues relate both to a greater likelihood of rehabilitation in appropriate settings and to greater vulnerability in adult correctional facilities, are also reviewed. The importance of raising the age in New York and North Carolina not only lies in protecting incarcerated youths but also in preventing the associated stigma following release. Mental health practitioners are vital to the process of local and national juvenile justice reform. They can serve as experts on and advocates for appropriate mental health care and as experts on the adverse effects of the adult criminal justice system on adolescents.

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Zweig, Janine M., Jennifer Yahner, and Shelli B. Rossman. "Recent Victimization Experiences and Continued Criminal Behaviors: What Are the Links for Adult Drug-Involved Offenders?" Violence and Victims 27, no. 5 (2012): 674–88. http://dx.doi.org/10.1891/0886-6708.27.5.674.

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Using data from the Multi-Site Adult Drug Court Evaluation (MADCE), we examined the relationship between recent victimization experiences and the likelihood of subsequent criminal behavior among a sample of adult drug-involved offenders. The MADCE data used in this study involved interviews with 674 men and 284 women at baseline and then, 18 months later. Multilevel modeling showed that physical victimizations in the year before baseline, but not sexual victimization experiences, were associated with self-reported criminal offending behavior 18 months later. All relationships held true despite controlling for respondents’ demographic, criminal history, prior drug-related characteristics, and their participation in a drug court or comparison site program.

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Sanborn, Joseph B. "A Parens Patriae Figure or Impartial Fact Finder: Policy Questions and Conflicts for the Juvenile Court Judge." Criminal Justice Policy Review 12, no. 4 (December 2001): 311–32. http://dx.doi.org/10.1177/0887403401012004004.

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For several decades, juvenile courts functioned like clinics. Judges assigned there were instructed to assume a variety of roles: jurist, psychologist, counselor, sociologist, and parent. The In re Gault decision in 1967 granted juvenile defendants several constitutional rights that transformed juvenile courts into criminal court-like operations. Juvenile court judges have not been told whether they should continue to be paternal or emulate their counterparts in adult court; research has not addressed this subject. In this study, 100 juvenile court workers (judges, prosecutors, defense attorneys, probation officers) from three juvenile courts (urban, suburban, rural) were interviewed to ascertain how judges operate in juvenile court and what these workers perceive to be the proper role for the judge. The data show that most workers believe that the role of the juvenile court judge is and should be unique.

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Skręt, Rafał. "Control tasks of an adult probation officer executing a court judgments or judgments." Polish Journal of Criminology 4, no. 1 (September 30, 2018): 1–9. http://dx.doi.org/10.5604/01.3001.0012.5784.

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This study aims to present in a condensed manner task performed by an adult probation officer in the Polish criminal policy system. Due to the nature and subject of this study, special emphasis has been placed on the probation officer’s control tasks, executing criminal judgments as part of his tasks and responsibilities at the stage of enforcement proceedings.

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Salekin, Randall T. "Clinical Evaluation of Youth Considered for Transfer to Adult Criminal Court." Journal of Forensic Psychology Practice 2, no. 1 (January 2002): 55–72. http://dx.doi.org/10.1300/j158v02n01_03.

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Cvjetko, Bozica. "Alternatives to criminal procedure against juvenile and young adult offenders and alternative to criminal procedure in the cases of domestic violence." Temida 9, no. 1 (2006): 43–53. http://dx.doi.org/10.2298/tem0601043c.

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In the paper, the author is analyzing the Act on juvenile courts of the Republic of Croatia, which foresees a broad possibility of implementing the principle of opportunity in the pre-trial, i.e. reinvestigation phase of the procedure in terms of the decision of the public prosecutor about the criminal charge against these persons, including the implementation of particular obligations as informal sanctions. Particular attention is paid to the special obligation called off-court agreement. The aim of the off-court agreement is ?reconciliation between the juvenile or young adult offender and the victim of the crime, and establishment of the social peace?. Similar project and the implementation of the principle of opportunity is used in the cases of the criminal offence of domestic violence. The main aim of these obligations is to offer professional assistance to the families which are in crisis and have difficulties related to the violent behavior of one family member - mostly the father. Such an approach is more efficient than the long lasting criminal procedure, testifying and strengthening the crisis in the family. This paper gives also an insight into the legal provisions concerning this measure and its implementation in practice.

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Tzeferakos, G., M. Papaliaga, C. Papageorgiou, A. Douzenis, and P. Bali. "Agreement between psychiatric evaluations and court decisions concerning criminal responsibility." European Psychiatry 41, S1 (April 2017): S593. http://dx.doi.org/10.1016/j.eurpsy.2017.01.912.

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IntroductionTo our knowledge, a relatively small number of studies address the agreement between psychiatrists and court decisions concerning criminal responsibility among psychiatric offenders.ObjectivesThe objective of the present study was to examine the agreement between psychiatric evaluations and court decisions in Greek penal cases.MethodsLegal case files of 100 adult subjects, 90 male/10 female, 88 Greeks/12 foreigners were studied, and agreement was assessed by the κ (kappa) statistic.ResultsSeventy eight percent of the subjects had had contact with psychiatric services before the commitment of the crime. The most common diagnoses were schizophrenia spectrum psychosis (18%), antisocial/borderline/mixed personality disorder (15%) and substance use disorder (15%). In 30% of the cases criminal insanity/partial responsibility was attributed in the first-degree court. The presence of a psychiatrist (n = 63), attending, defense, prosecution or appointed by the court, significantly increased the possibility of such an attribution (41.3% versus 10.8%).The highest agreement (κ = 0.780) was observed between court's decision and the evaluation of the psychiatrist appointed by the court, in the 35 cases in which such an expert was present (P < 0.001). Very significant agreement (κ = 0.805) was observed between the decisions of second and first-degree courts (P < 0.001). In 91% of the cases, the decisions remained unchanged.ConclusionsCriminal insanity/diminished responsibility, were attributed in 30% of the reviewed cases. The presence of a psychiatrist already at the first-degree court is a prerequisite for such an attribution, especially when, he is appointed by the Court.Disclosure of interestThe authors have not supplied their declaration of competing interest.

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Cashmore, Judith, Alan Taylor, and Patrick Parkinson. "Fourteen-Year Trends in the Criminal Justice Response to Child Sexual Abuse Reports in New South Wales." Child Maltreatment 25, no. 1 (June 5, 2019): 85–95. http://dx.doi.org/10.1177/1077559519853042.

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This study of attrition compares the prosecution of child sexual offenses reported while the complainant was still a child with those in which the report was delayed into adulthood; it also compares matters involving adult and young (under 18 years) suspects/defendants. It is based on an analysis of police and court administrative data in New South Wales, Australia over a 14-year period (2003–2016). Only one in five (21.6%) proceeded beyond the investigation stage. Criminal proceedings were more likely to commence when the alleged victim was 7–12 years old at the time of the incident, when the suspect was an adult and at least 10 years older than the victim, and also when the report to police was made when the victim was an adult. Just over half (55.5%) of the matters finalized in court resulted in a conviction. Cases in the higher courts were less likely to be dismissed and more likely to feature guilty pleas and convictions at trial than cases in the lower courts. The overall estimate is that only 12% of offenses reported to police resulted in a conviction, at a relatively stable rate over 14 years. These findings are consistent with those of comparable studies.

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DeMatteo, David. "A Proposed Prevention Intervention for Nondrug-Dependent Drug Court Clients." Journal of Cognitive Psychotherapy 24, no. 2 (May 2010): 104–15. http://dx.doi.org/10.1891/0889-8391.24.2.104.

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A substantial body of research supports the effectiveness of drug courts in terms of reducing drug use and criminal recidivism among drug-involved offenders. However, it is unclear whether drug courts are appropriate for all clients, most notably the sizeable portion of clients who do not have a diagnosable or clinically significant substance use disorder. For these clients, drug court treatment may be ineffective or even contraindicated. Instead, best practice standards suggest that these clients would benefit from a prevention intervention designed to interrupt the acquisition of addictive behaviors. Unfortunately, such interventions have not been tested with adult offenders in drug courts. In this article, we describe a platform of cognitive and behavioral techniques that can potentially be used with nondrug-dependent drug court clients.

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Vlad, Kateryna. "Some aspects of improving criminal liability for domestic violence against children." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, no. 4 (December 29, 2020): 324–29. http://dx.doi.org/10.31733/2078-3566-2020-4-324-329.

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There is the search for optimal ways to improve domestic legislation in terms of criminal liability for domestic violence against children. It has been established that all persons who are victims of domestic violence are under the same criminal legal protection, as the responsibility for domestic violence against them is provided in a single criminal law with a single punishment. There are cases in court practice where a person guilty of domestic violence against an adult family member has received a more severe punishment than domestic violence against a child. However, a situation where a domestic abuser of a child receives a milder punishment than an adult abuser is not fully in line with the principle of the fairness of criminal law. The author has stated that the social danger of domestic violence against children, especially minors, is much higher than violence against adults, as it has a negative impact on the formation of personality, in particular, generates new generations of domestic abusers. As an adult, a child who is abused at home is more likely to be prone to such violence or to commit any other crime related to violence. The author has concluded that it is expedient to consider the issue of establishing increased criminal liability for domestic violence against minors, compared to adults. For this purpose, it is possible to ammend Article 126-1 of the Criminal Code of Ukraine with a qualified type of domestic violence – domestic vio-lence committed against a minor child.

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Garrett, Brandon L. "Spiraling Criminal Debt." Federal Sentencing Reporter 34, no. 2-3 (February 1, 2022): 92–97. http://dx.doi.org/10.1525/fsr.2022.34.2-3.92.

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The scale of criminal debt in the United States has exploded, with local, state and federal court imposing billions in fines and fees on people in criminal cases. If the person lacks the ability to pay or does not pay the fines, still additional financial penalties can result. Legal consequences of non-payment can in turn result in a person’s loss of a range of other rights, including employment, housing, public assistance, driver’s licenses, and voting rights. The extent of this problem of spiraling criminal debt has been increasingly well-documented and the subject of law and policy reform. This article begins by introducing the problem, through a set of studies in North Carolina, a state that along with many others has expanded the number and inflexibility of criminal fines and fees. First, a study of a novel North Carolina dataset illustrates the scale of such debt, where one in twelve adults in the state owe criminal debt. Much of that debt is concentrated in lower-level traffic and misdemeanor cases. Further, individuals who do not pay court costs or fines within a short time period never do so. Second, a study of driver’s license suspensions illustrates the further impact of those policies: one in seven North Carolina adult drivers have had their licenses indefinitely suspended. Third, surveys of affected individuals further shed light on the broader social impacts of these practices. A wide range of states and the federal government have adopted similar approaches in recent decades, imposing fines and fees in criminal cases without clear regard for ability to pay or the counterproductive impacts of these schemes. In the federal system, criminal fines are often uncollected due to inability to pay. I conclude by addressing law and policy reforms and the constitutional question whether such debt can be imposed on persons who lack ability to pay, and what Equal Protection, Due Process, Keywords: Excessive Fines Clause, and other requirements must be satisfied to constitutionally impose criminal debts.

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Washburn, Jason J., Linda A. Teplin, Laurie S. Voss, Clarissa D. Simon, Karen M. Abram, and Gary M. McClelland. "Psychiatric Disorders Among Detained Youths: A Comparison of Youths Processed in Juvenile Court and Adult Criminal Court." Psychiatric Services 59, no. 9 (September 2008): 965–73. http://dx.doi.org/10.1176/ps.2008.59.9.965.

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Jaya, Akalafikta, Triono Eddy, and Alpi Sahari. "Penegakan Hukum Pidana Terhadap Anak Yang Terjerat Perkara Pidana Melalui Diversi (Studi Di Polrestabes Medan)." Journal of Education, Humaniora and Social Sciences (JEHSS) 3, no. 1 (August 8, 2020): 78–84. http://dx.doi.org/10.34007/jehss.v3i1.196.

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In the past, the punishment of children was the same as the punishment of adults. This causes the psychological condition of children ranging from investigation, investigation and trial to be disturbed because it is often intimidated by law enforcement agencies. Under these conditions, Law No. 11 of 2012 concerning the Juvenile Justice System was born. One of the reforms in the Child Criminal Justice System Law requires the settlement of a child criminal case by diversion. Based on the results of research that the conception of criminal offenses against children in conflict with the law in Indonesia is different from criminal convictions to adults. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. That criminal liability for children who are ensnared in a criminal case according to the Law on the Criminal Justice System for Children is still carried out but with different legal sanctions from adults. Criminal imprisonment against children is an ultimumremedium effort, meaning that criminal imprisonment against children is the last legal remedy after there are no other legal remedies that benefit the child. That the concept of enforcement of criminal law against children caught in criminal cases through diversion is in fact not all have applied it. Some criminal cases involving children as the culprit, in court proceedings there are still judges who impose prison sentences on children who are dealing with the law.

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Fondacaro, Mark R. "Rethinking the Scientific and Legal Implications of Developmental Differences Research in Juvenile Justice." New Criminal Law Review 17, no. 3 (2014): 407–41. http://dx.doi.org/10.1525/nclr.2014.17.3.407.

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A recent string of Supreme Court cases now ensures that fewer juveniles will be subjected to our most extreme punitive sanctions, a sign of forward movement toward evolving standards of decency in our culture and jurisprudence. However, this article will argue that there are potential long-term costs associated with the interpretation of developmental differences research relied upon by the Court, not only to juveniles and adults accused and convicted of serious crimes, but to the credibility of science and the legitimacy of the criminal law. The article draws on cutting-edge scientific research to argue that juveniles should indeed be treated differently than we currently treat adults for criminal offenses. However, the primary reason we should treat them differently is not because they are developmentally immature (which many of them may indeed be), but because our retributive justifications for adult punishment do not and will not stand up to scientific scrutiny and the ongoing, inevitable advances in the behavioral and biological sciences. Adolescent immaturity is just one example of the growing number of diminished capacities taking aim at the legitimacy of retributive justifications for punishment. As philosophical and commonsense explanations for criminal behavior give way to scientific and empirical analyses across biological, psychological, and social levels, the justification for and responses to criminal responsibility will need to shift from retribution and just desert toward more forward-looking, consequentialist approaches with both juveniles and adults.

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Greenwood, Peter W. "Differences in Criminal Behavior and Court Responses among Juvenile and Young Adult Defendants." Crime and Justice 7 (January 1986): 151–87. http://dx.doi.org/10.1086/449113.

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Lehmann, Peter S., Ted Chiricos, and William D. Bales. "Juveniles on Trial: Mode of Conviction and the Adult Court Sentencing of Transferred Juveniles." Crime & Delinquency 64, no. 5 (June 14, 2017): 563–86. http://dx.doi.org/10.1177/0011128717714203.

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Several studies have compared the criminal court sentences given to transferred juveniles with those given to adults, but this research has reported inconsistent findings. In addition, some research has found that mode of conviction can interact with offenders’ characteristics, resulting in stronger or weaker effects of these factors among defendants convicted at trials. The current study explores the direct effects of juvenile status on sentence severity and whether these effects are conditioned by mode of conviction. Examination of data from Florida circuit courts ( N = 1,107,233) shows that transferred juveniles are less likely to be incarcerated than adults but are given longer incarceration sentences. Interaction analyses reveal that these disparities are weaker among trial cases than among plea cases.

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Hall, Joan K., Joseph H. Evans, and Linda G. Smith. "A Comparison of Program Administrator Attitudes about Florida Community Control: An Adult Intensive Probation Supervision Program." Crime & Delinquency 35, no. 2 (April 1989): 303–8. http://dx.doi.org/10.1177/0011128789035002007.

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Florida Department of Corrections personnel and Florida circuit criminal court judges were surveyed regarding their attitudes about major program goals and objectives of the Florida Community Control program. Comparisons among these perceptions revealed some small but significant differences regarding the punishment and control of offender activities.

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Nemitz, T., and P. Bean. "The Use of the ‘Appropriate Adult’ Scheme (A Preliminary Report)." Medicine, Science and the Law 34, no. 2 (April 1994): 161–66. http://dx.doi.org/10.1177/002580249403400212.

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Details of a research study, funded by MENCAP, on the use of Appropriate Adults are given. A great deal of attention has been given recently to diverting the mentally disordered from the criminal justice system. This preliminary report discusses what happens to those who stay in the system — i.e. who are kept in police custody and eventually appear at court. Facilities are available under the Appropriate Adult Scheme for offenders seen to be mentally disordered or handicapped to have with them a ‘responsible person’ when they are interrogated by the police. The questions now posed are: does such a scheme work, and is the offender given protection under it?

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Septiyanti, Siska, and Achmad Sulchan. "Judges Considerations of Criminal Acts Conducted By Adult against Children." Law Development Journal 2, no. 3 (October 11, 2020): 360. http://dx.doi.org/10.30659/ldj.2.3.360-367.

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Children are one of the assets of national development, which should be considered and taken into account in terms of quality and their future. Without reliable quality and a clear future for children, national development and the fate of the nation will be difficult to imagine. Children, as heirs and holders of the fate of the nation, also determine the pace of the national development process in all fields. The formulation of the problem is 1) How is the Law on Judicial Power in making considerations? 2) How to overcome the obstacles and solutions given by the Judge in giving consideration to the crime of decency committed by adult men against children? The method used is juridical normative. The results of this study are: (1) The judges' consideration of decency crimes committed by adult men against minors in the decision of the Temanggung District Court Number: 53/Pid.Sus/2019/PN TMG has paid attention to the basis for judging, the basis for deciding, and values who live in society, then have considered juridical considerations. (2) Overcoming obstacles and solutions given by judges in giving consideration to crimes of decency committed by adult men against children.

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Bright, Charlotte Lyn, Jill Farrell, Andrew M. Winters, Sara Betsinger, and Bethany R. Lee. "Family Centered Treatment, Juvenile Justice, and the Grand Challenge of Smart Decarceration." Research on Social Work Practice 28, no. 5 (September 20, 2017): 638–45. http://dx.doi.org/10.1177/1049731517730127.

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Purpose: Responding to social work’s grand challenge of smart decarceration, this study investigated whether Family Centered Treatment (FCT), a home-based service for juvenile court-involved youth, is more effective than group care (GC) in reducing recidivism. Outcomes are juvenile readjudication and commitment to placement, and adult conviction and sentence of incarceration. Method: Data were drawn from service provider and state administrative databases. Propensity score matching was used to create a sample of 1,246 FCT youth and 693 GC youth. Cox proportional hazard models estimated time to the four outcomes. Results: FCT participants had a significantly lower risk of adult conviction and adult incarceration relative to youth who received GC. The findings for juvenile outcomes were nonsignificant. Discussion: FCT shows more favorable adult criminal justice outcomes than GC, making it a potentially effective community-based service to support smart decarceration for juvenile court-involved youth.

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Muraviev, Kirill V. "Procedural Enforcement Measures Consisting in the Isolation of a Minor Suspect and Defendants: Implementation of International Standards in Russian Law." Ugolovnaya yustitsiya, no. 16 (2020): 58–62. http://dx.doi.org/10.17223/23088451/16/12.

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Russian legislation reflects international standards for the use of coercive measures of isolation of juvenile offenders as a last resort and for the shortest possible time. However, the RF Code of Criminal Procedure does not define a closed list of exceptional circumstances to regulate the conditions for detention of juvenile suspects and accused. Neither does it define the exceptions and other conditions for the detention of adolescents in comparison with the rules for the detention of adult offenders. Further improvement of the RF Criminal Procedure Code and correction of the clarifications of the Plenum of the Supreme Court of the Russian Federation are required to reinforce the guarantees of the rights of underage participants in criminal proceedings.

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Winner, Lawrence, Lonn Lanza-Kaduce, Donna M. Bishop, and Charles E. Frazier. "The Transfer of Juveniles to Criminal Court: Reexamining Recidivism Over the Long Term." Crime & Delinquency 43, no. 4 (October 1997): 548–63. http://dx.doi.org/10.1177/0011128797043004009.

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A long-term recidivism study was conducted in Florida on matched pairs of juveniles, where one subject in each pair had been transferred to the adult system in 1987 and the other had not. Rearrest information on the pairs from their release from sanctions through November 1994 was used to determine the probabilities of rearrest and the times to rearrest of transfers and nontransfers, adjusting for time at risk. Transfer diminished the rearrest chances for property felons, an advantage that was offset by an enhanced probability of rearrest among transfers for other offense categories. Survival analysis showed that transfers were rearrested more quickly and were rearrested more times on average.

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KURLYCHEK, MEGAN C., and BRIAN D. JOHNSON. "THE JUVENILE PENALTY: A COMPARISON OF JUVENILE AND YOUNG ADULT SENTENCING OUTCOMES IN CRIMINAL COURT*." Criminology 42, no. 2 (May 2004): 485–515. http://dx.doi.org/10.1111/j.1745-9125.2004.tb00527.x.

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Janus-Dębska, Anna. "The significance of resocialization diagnosis in the work of an adult probation officer." Polish Journal of Criminology 4, no. 1 (September 30, 2018): 1–12. http://dx.doi.org/10.5604/01.3001.0012.5782.

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In accordance with the legal regulation of the Criminal Code and the Executive Penal Code in force in Poland, both in preparatory and executive proceedings, the court should make decisions based on an individual criminological prediction. In many European countries, reports in trial phase, pre-trial reports, as well as pre-sentence reports are prepared by probation officers. In Poland, the court often uses the help of probation officers during the enforcement phase, sporadically before the judgment is passed. Diagnosis properly prepared by a probation officer allows planning social rehabilitation interactions appropriate to the deficits and resources of the convicted person. It is important to acquire detailed knowledge about the extent of the probationer's problems and their character, which will help in the implementation of proper and effective interactions.

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Boots, Denise Paquette, Jennifer Wareham, Kelli Stevens-Martin, and Nina Barbieri. "A Preliminary Evaluation of the Supervision With Immediate Enforcement Probation Program for Adult Gang–Affiliated Offenders in Texas." Criminal Justice and Behavior 45, no. 7 (June 1, 2018): 1047–70. http://dx.doi.org/10.1177/0093854818774386.

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As of 2012, it was estimated that there were more than 30,000 active gangs in the United States with at least 850,000 members. Despite significant challenges that criminal justice agencies and personnel face in treating and supervising gang members, few studies have examined adult gang member outcomes and the effects of community supervision on gang-affiliated offenders. Recent research demonstrates mixed evidence that high-risk offenders have better outcomes in smaller problem-solving courts and programs, which have dual emphasis on rehabilitation and deterrence-based approaches to corrections. This study evaluates the efficacy of the Supervision with Immediate Enforcement (SWIFT) Court Program for young adult gang–affiliated probationers compared with non-SWIFT gang members and high-risk non-gang offenders. Findings indicated SWIFT had a moderate deterrent impact on offending compared with alternative probation sanctions. Results and discussion related to problem-solving courts and policy-related issues surrounding gang-affiliated and youthful violent offenders are offered.

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Passey, Megan, Jane Bolitho, John Scantleton, and Bruce Flaherty. "The Magistrates Early Referral Into Treatment (MERIT) Pilot Program: Court Outcomes and Recidivism." Australian & New Zealand Journal of Criminology 40, no. 2 (August 2007): 199–217. http://dx.doi.org/10.1375/acri.40.2.199.

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Diversion programs for drug offenders have proliferated in the last decade in the belief that treatment of underlying drug use will decrease an individual's criminal activity. The NSW Magistrates Early Referral Into Treatment (MERIT) program diverts adult offenders with significant drug problems, on bail, from the court to a 3-month intensive drug treatment program. This article reports on the criminal justice outcomes of the Lismore MERIT Pilot Program. Findings indicate that participants who completed the program were significantly less likely to reoffend, took longer to reoffend and received less severe sentences than those who did not complete the program. The reduction in reoffending is significantly associated with program completion even when other factors associated with recidivism are controlled for, including previous incarceration. Overall these findings contribute to the growing literature indicating that providing treatment for offenders with illicit drug problems can be an effective crime reduction strategy.

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Terblanche, Stephan. "The Child Justice Act: A Detailed Consideration of Section 68 as a Point of Departure with Respect to the Sentencing of Young Offenders." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 5 (June 1, 2017): 435. http://dx.doi.org/10.17159/1727-3781/2012/v15i5a2531.

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The Child Justice Act 75 of 2008 establishes a criminal justice system for child accused, separate from the criminal justice system which continues to apply for adult accused in South Africa. The Act aims to keep children out of detention and away from the formal criminal justice system, mainly through diversion. When these interventions would be inadequate or unsuccessful, the Act provides for child offenders to the tried and sentenced in child justice courts. Until now there has been little discussion of the details of the provisions dealing with sentencing. Sentencing in a child justice court is regulated by chapter 10 of the Act and section 68 is the first section in this chapter. This section effectively amounts to the “jurisdictional” provision of the new child sentencing system: it not only mandates child justice courts to impose their sentences in terms of the Act, but also provides the first set of boundaries (or the first part of the framework) within which sentencing should take place. Despite its brevity, section 68 is not without interpretative challenges. Of course, it has to be interpreted within the context of the entire Act. Explaining this context is the first function of this article. The various aspects of section 68 are further critically explored and discussed.

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Marczyk, Geoffrey R., Kirk Heilbrun, Tammy Lander, and David Dematteo. "Juvenile Decertification." Criminal Justice and Behavior 32, no. 3 (June 2005): 278–301. http://dx.doi.org/10.1177/0093854804274371.

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This study considers the impact of data from the Psychopathy Checklist: Youth Version (PCL:YV), the Massachusetts Youth Screening Instrument (MAYSI), and the Youth Level of Service Case Management Inventory (YLS/CMI) on the court’s decision whether to decertify an adolescent defendant back to juvenile court or keep the defendant in criminal court. There are significant positive relationships between certification status and age; number of violent charges; total charges; PCL:YV, YLS/CMI, and MAYSI total scores; and select subscales of the MAYSI and the YLS/CMI. Significant differences are found between those who remained in the adult criminal justice system and those who were decertified to the juvenile justice system for age, YLS/CMI total score, and the Prior and Current Offenses and Dispositions and Personality and Behavior subscales of the YLS/CMI. The combination of PCL:YV total score and select subscales from the MAYSI and YLS/CMI provided the most accurate model for predicting certification status.

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Nuriyah, Sinta, and Ahmad Mahyani. "PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA MELARIKAN WANITA YANG BELUM CUKUP UMUR PUTUSAN /36/Pid.B/2019 PN GST." Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance 3, no. 1 (December 11, 2022): 37–50. http://dx.doi.org/10.53363/bureau.v3i1.163.

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This type of crime against human freedom in Chapter II Chapter XVIII of the Criminal Code, which is specifically investigated in Article 332 of the Criminal Code, which means running away from an underage woman. This study explains the criminal responsibility of elderly women who have run away and legal considerations for judges deciding crimes where elderly women are not sufficient. This study uses normative research, due to criminal acts that run away from immature women. The application of punishment is not in accordance with Article 332 of the Criminal Code, namely the conflict between Article 332 of the Criminal Code and the judge's decision. People who run away with too few women can only be held accountable if they meet the criteria of criminal responsibility, in this case they can be sentenced to a maximum of 7 years in prison according to Article 332 Paragraph (1) 1st of the Criminal Code. The basis for the opinion of the judge to give a decision in the case of running away from a girl who is not yet an adult is a matter of legal consideration based on legal facts in court to prove the guilt of the defendant

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Goodwin-De Faria, Christine, and Voula Marinos. "Youth Understanding & Assertion of Legal Rights: Examining the Roles of Age and Power." International Journal of Children’s Rights 20, no. 3 (2012): 343–64. http://dx.doi.org/10.1163/157181812x652607.

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Young people are entitled to the same legal rights as adults. However past research has questioned the extent to which youth effectively understand their rights and perceive that they can assert them when necessary because of their development and power differences vis-à-vis adult criminal justice professionals. Young people’s understanding of their due process rights under theCanadian Charter of Rights and FreedomsandUnited Nations Convention on the Rights of the Childwere examined. Participants were fifty adolescents ranging in age from 13-17 who received a diversionary response by the Crown prosecutor or were sentenced by the court to probation in a courthouse in Toronto, Ontario. Results of semi-structured interviews conducted with youth indicated that while age plays some role, the lack of power experienced by youth vis-à-vis criminal justice professionals has the most bearing on the inability of youth to exercise their rights. Implications of the study are discussed.

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Myers, David L., and Kraig Kiehl. "The Predispositional Status of Violent Youthful Offenders: Is There a “Custody Gap” in Adult Criminal Court?" Justice Research and Policy 3, no. 1 (June 2001): 115–43. http://dx.doi.org/10.3818/jrp.3.1.2001.115.

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Lehmann, Peter S. "Sentencing other people’s children: the intersection of race, gender, and juvenility in the adult criminal court." Journal of Crime and Justice 41, no. 5 (May 24, 2018): 553–72. http://dx.doi.org/10.1080/0735648x.2018.1472624.

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Tsagaris, George Steve, Mamadou Mansor Seck, Janet Keeler, and Robert Rowe. "Geographic information system analysis of developmentally disabled adult offenders." Journal of Intellectual Disabilities and Offending Behaviour 7, no. 1 (March 14, 2016): 4–13. http://dx.doi.org/10.1108/jidob-09-2015-0028.

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Purpose – Adult offenders diagnosed with developmental disabilities have been referred for services to a Northeast Ohio county agency. The purpose of this paper is to examine their repartition in the three areas of the county as determined by zip codes, their involvement with the criminal justice system, types of offenses they committed, their indictment, and the court outcomes. Design/methodology/approach – This study used a geographic information system (GIS) mapping based on secondary data collected from the 2008 to 2012 American Community Survey and a random sample of 160 participants selected from an agency database including 850 clients. Findings – The authors found that the concentrations of offenders in the core city, inner, and outer suburbs of the county were, respectively 71.7, 19.6, and 8.7 percent. The largest racial groups included African Americans (112; 70 percent) and Whites (33; 20.6 percent). Male offenders (155; 96.9 percent) outnumbered female offenders. Of the offenses committed, 42.9 percent were crimes against persons including kidnapping, abduction, assault, followed by crimes against property (22.2 percent), and crimes against society (26.4 percent). As they appeared before Mental Health Court or Non Mental Health Court judges, the court outcome evolved from community control for six months to prison sentence of 120 months. Research limitations/implications – These findings will enable agency professionals to look for protective as well as risk factors that are prevalent in each area of this NEO county and make plans for more effective, preventative, and clinical service provision. Originality/value – The use of GIS for data analysis represents an innovation in the research field involving adult offenders with developmental disability as it allows professionals to look for protective as well as risk factors that are prevalent in their clients’ immediate environment.

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Kopak, Albert M., Steven L. Proctor, and Norman G. Hoffmann. "Indicators of rearrest among male court mandated substance use treatment patients." Journal of Criminological Research, Policy and Practice 2, no. 1 (March 14, 2016): 4–14. http://dx.doi.org/10.1108/jcrpp-06-2015-0019.

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Purpose – Effective substance use treatment is a viable way to reduce criminal justice contact among drug-involved offenders, but there is still a lot to learn about which indicators have the greatest impact on treatment outcomes. The purpose of this paper is to determine which clinical indicators influenced the likelihood of rearrest among male drug-involved offenders. Design/methodology/approach – This prospective longitudinal study examined indicators of 12-month post-treatment rearrest for male criminal justice-involved substance use treatment patients. Multinomial logistic regression results drawn from a sample of 1,531 adult male patients who were mandated to substance use treatment indicated that there were different factors related to the likelihood of one as well as multiple post-treatment arrests. Findings – Demographic risk factors, such as age and unemployment, were associated with significant increases in the probability of experiencing an arrest within 12-months of treatment discharge. Substance use relapse was also a significant indicator of the likelihood of rearrest and contributed to an increase in the odds of one post-treatment rearrest as well as multiple rearrests. A drug dependence diagnosis, relative to a diagnosis for alcohol dependence, was associated with an increased likelihood of rearrest. Participation in outpatient treatment was associated with a lower likelihood of rearrest. Practical implications – These findings emphasize the need for treatment providers to concentrate heavily on demographic risk reduction to minimize the chance that male patients are rearrested after treatment. Relapse prevention, on the other hand, is critical in the effort to minimize the number of post-treatment rearrests in this population. Originality/value – The results from this study provide evidence to empirically support the refinement of substance treatment programs for male patients involved in the criminal justice system.

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Brown, Sarah J., Carlo Tramontano, Nadine McKillop, Stephen Smallbone, and Richard Wortley. "Sex Offenders’ Perceptions of the Police and Courts: Are There Spill-Over Effects?" Criminal Justice and Behavior 45, no. 3 (November 7, 2017): 364–80. http://dx.doi.org/10.1177/0093854817739043.

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Individuals convicted of sexual offenses are rarely asked their views of the police and courts. The aims of this study were to examine the impact of feelings of guilt on perceptions of the police and police interview outcomes and spill-over effects from perceptions of the police to perceptions of the courts. Participants were 116 adult males incarcerated for sexual offenses who were invited to report their perceptions of police interviewers, feelings at the time of interview, interview outcomes, and perceptions of the court process. Feelings of guilt were related to perceptions of the police. Both feelings of guilt and perceptions of the police were associated with interview outcomes. Spill-over effects were found as perceptions of the police were directly related to perceptions of the courts. The findings highlight the important role of police officers as gatekeepers to the criminal justice system, with associated implications for police officers’ training and practice.

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Milivojević, Suzana. "Importance of defence counsel's presence in the interrogation of a suspect in a criminal procedure." Bezbednost, Beograd 64, no. 3 (2022): 155–74. http://dx.doi.org/10.5937/bezbednost2203155m.

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Particularly sensitive position of the suspect on the one hand, and the main task of criminal procedure embodied in comprehensive clarification and resolution of criminal matters on the other hand, motivated the legislator to provide special rules for questioning the suspect closely related to his special rights in criminal proceedings, of which the most important is the right to access counsel. In the following article, the author will first refer to the European standards of protection of the right to access defence counsel during the hearing of adult suspects, paying special attention to the European Court of Human Right case law and Directive 2013/48/EU, considering that Serbia has signed European Convention for the Protection of Human Rights and Fundamental Freedoms and aspires to become a member state of the European Union. In the end, the author will review relevant provisions of national legislation primarily contained in the Criminal Procedure Code, point out possible shortcomings and propose changes to ensure more efficient exercise of the right of access defence counsel to suspects.

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Risdianto, Yanto, and Lathifah Hanim. "Accountability for Motorized Vehicle Owners Used By Children in Traffic Accidents (Case Study on Supreme Court Decision Number 1029 K / Pid.Sus / 2015)." Jurnal Daulat Hukum 3, no. 1 (April 22, 2020): 253. http://dx.doi.org/10.30659/jdh.v3i1.8730.

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The formulation of the problem in this study are: 1) parts of criminal liability of the owner of a motorized vehicle whose vehicle was used in a traffic accident Case Study of the Decision of the Supreme Court of the Republic of Indonesia Number 1029 K / Pid.Sus / 2015? And 2) how is the legal protection of children as perpetrators in traffic accidents Case Study of the Supreme Court's Decision No. 1029 K / Pid.Sus / 2015?The method used by researchers is juridical sociological legal approach and the specifications in this study are descriptive analytical. The sources and types of data in this study are primary data obtained from interview field studies. And secondary data obtained from literature studies relating to the theory of criminal liability and legal protection.Based on the results of that study The criminal liability of the owner of a motorized vehicle whose vehicle is used in a traffic accident by a child is not held accountable even if only as an inclusion, the child who commits a traffic violation or a traffic crime is the sole offender, even if the motorized vehicle used by permission of an adult, both his parents or other vehicle owners. The legal protection of children as perpetrators in traffic accidents has not been fulfilled as in the Supreme Court Decree No. 1029 K / Pid.Sus / 2015, the vehicle owner who surrendered his vehicle (car) was only made a witness in a traffic accident that resulted in a victim died, and the child became the sole culprit.Keywords: Liability; Criminal; Motorized Vehicles; Children.

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Antoniuk, Natalia. "Mistake of fact and endangering actions as circumstances which can affect differentiation of criminal responsibility for unfinished crime." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 286–90. http://dx.doi.org/10.36695/2219-5521.1.2020.57.

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Most of the aspects of differentiation of criminal responsibility for unfinished crime though being discussional, are duly researched in the criminal scientific studies. However, the sphere of unresearched institutes exists enabling us to speak about its influence on differentiation of criminal responsibility. This institutes are the mistake of fact and so called “delicts of endangering” The purpose of this research is to analyze the differentiated influence on criminal responsibility of crimes committed with the feature of mistake of fact and of delicts of endangering. It is planned to illustrate, basing on certain examples, the importance of these institutes for differentiation of criminal responsibility. By the way, the task of this article is to reveal the shortcomings of criminal law in force and to make propositions on their removing. Up to date, taking into consideration the provisions of part 3, 4 of Article 68 of the Criminal Code of Ukraine, the court can`t impose punishment on person, guilty of committing a crime under effect of mistake of fact, qualified as attempt, higher than 2/3 of the maximal severe punishment (envisaged in article of special part of the Criminal Code). The court, as well, can`t (in most cases) impose life imprisonment even when the damage totally equals the damage caused by finished crime. For instance, planning to kill with mercenary motives a minor, the guilty person kills an adult. This action can’t be qualified as finished crime, as the mistake of victim occurs. Nevertheless, object of human life is objectively damaged. So, the crucial necessity to make equal between each other finished crime and crime, committed under influence of mistake of fact, is evident. Differentiating criminal responsibility in situations when damage is desired by the guilty person, the legislator in fact hasn’t bothered to duly differentiate criminal-legal consequences in case of endangering without the desire of such damage. That`s why it is of great importance to regulate by norms criminal actions which are endangering social relations with social dangerous damages, but don’t have the features of criminal aim, motive and desire of guilty person. This step can provide differentiated approach towards socially dangerous behavior, delimiting the estimation of act and consequence. It can concentrate the attention on subjective evaluation of potential consequences by guilty person, notwithstanding the factors, which often exist besides mental estimation of the subject.

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Semple, Jaclyn K., and William Douglas Woody. "Juveniles Tried as Adults: The Age of the Juvenile Matters." Psychological Reports 109, no. 1 (August 2011): 301–8. http://dx.doi.org/10.2466/07.17.pr0.109.4.301-308.

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Serious juvenile crimes require evaluation of a child as a criminal defendant in adult court. In such cases, it is crucial to understand jurors' attitudes, biases, and ability to follow legal instructions and maintain fairness. 308 undergraduate psychology students served as mock jurors, were randomly separated into four groups, and each group read the same realistic summary of a trial with the defendant's age presented as 13, 15, 17, or 21 years. Participants were asked to render guilty or not guilty verdicts and, if guilty, to suggest sentences. Chi-squared analysis indicated 13- and 15-year-old defendants were convicted less often than 17- and 21-year-old defendants, showing that jurors distinguished between juvenile defendants of different ages, but not minors and adults as defined by law. Additional analysis showed that age did not affect sentencing recommendations. Decision processes jurors use for juveniles tried as adults are discussed.

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JOHNSON, BRIAN D., and MEGAN C. KURLYCHEK. "TRANSFERRED JUVENILES IN THE ERA OF SENTENCING GUIDELINES: EXAMINING JUDICIAL DEPARTURES FOR JUVENILE OFFENDERS IN ADULT CRIMINAL COURT*." Criminology 50, no. 2 (March 8, 2012): 525–64. http://dx.doi.org/10.1111/j.1745-9125.2011.00270.x.

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Journal articles on the topic 'Adult criminal court'

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