Prosecuting Juveniles in Criminal Courts: A Legal and Empirical Analysis

Abstract

Advocates of a traditional and separate system of juvenile justice have been sharply critical both of judicial decisions handed down during the past two decades that have granted juveniles a broadened set of due process rights and of sweeping legislative modifications in juvenile law that have diminished the discretionary powers of the juvenile court while expanding the powers of prosecutors who wish to pursue cases involving juveniles in criminal rather than juvenile courts.It is argued that this combination of judicial decisions and legislative enactments will dismantle the juvenile justice system and subject juveniles to the risk of harsh treatment by criminal courts that increasingly are committed to retributive rather than rehabilitative goals.'