Substantive Limitations on the Power of Family Courts to Commit Delinquent Juveniles to State Custody: Analysis and Critique

Date

2004

Authors

Cunningham, Larry

Journal Title

Journal ISSN

Volume Title

Publisher

Syracuse Law Review

Abstract

This article examines the substantive limitations that are placed in some jurisdictions on the ability of a court to commit a juvenile to state custody. Part I gives a brief overview of the context of the discussion: the juvenile justice system in America, Part II of this Article provides an analysis of the laws of each state on the issue of juvenile commitment. Part III demonstrates the benefits and problems associated with both limited and limitless commitment power. Part IV proposes an alternative statutory scheme that provides for maximum judicial discretion while insuring that juveniles do not face grossly disproportionate punishment.

Description

Keywords

Juvenile offenders, Disproportionate punishment

Citation

55 Syracuse L. Rev. 87