Reply #45: CALIFORNIA’S PROPOSITION 21: A CASE OF JUVENILE INJUSTICE [View All]

[madmusic]

This Note argues that Proposition 21 fails from both social policy and constitutional standpoints. Part II of the Note will discuss how juvenile were historically transferred to criminal courts and how Proposition 21 changed the transfer process. Part III discusses the social policy issues impacted by Proposition 21, arguing that it shifts the long-time focus of the juvenile justice system from prevention and rehabilitation to incarceration and punishment. Part IV discusses the constitutional concerns about the amendment, including arguments that the law violates the due process and equal protection rights of juvenile offenders. The statute also violates the separation of powers doctrine by giving prosecutors, rather than judges, authority to decide whether to try juveniles as adults. This Note concludes that Proposition 21 fails California’s juveniles because it is completely lacking in crime prevention efforts, focuses on the incarceration and punishment of youth offenders instead of the rehabilitation, and raises serious constitutional concerns in its implementation.

http://www-rcf.usc.edu/~usclrev/pdf/075405.pdf

On the other hand, we could behead everyone based on the guilt found in a newspaper article. That would be cheaper and more fun.