Lj. Stalans et Gt. Henry, SOCIETAL VIEWS OF JUSTICE FOR ADOLESCENTS ACCUSED OF MURDER - INCONSISTENCY BETWEEN COMMUNITY SENTIMENT AND AUTOMATIC LEGISLATIVE TRANSFERS, Law and human behavior, 18(6), 1994, pp. 675-696
Examines citizens' views about when juveniles accused of homicide shou
ld be tried and punished as adults. Responses from two randomly select
ed samples of adults Georgian residents suggest that these views are s
trongly influenced by whether adolescent defendants have been victims
of abuse. Laypersons prefer juvenile court for juveniles who kill abus
ive parents (76% for first time offenders, 77% for those with one prio
r adjudication). Respondents are split concerning how to punish abused
juveniles who have two prior adjudications (49% recommend juvenile co
urt) and abused juveniles with one prior offense who kill a neighbor (
48% recommend juvenile court). Most respondents, however, prefer adult
court for repeat offenders who kill and have no history of child abus
e. These findings suggest that legislative automatic transfers are ove
rly simplistic compared to the contextual sensitivity of community sen
timent. Policymakers may have serious misconceptions of societal views
of fairness in this area.