DETERMINATE SENTENCING IN JUVENILE JUSTICE: STRUCTURING DISCRETION IN THE RELEASE DECISION-MAKING PROCESS

Abstract

Abstract In recent years, the traditional indeterminate sentencing provisions of the juvenile justice system have been subject to a variety of criticisms, including the lack of decisionmaking accountability and the inequitable treatment of youth. In response, some states have modified their sentencing laws for adjudicated delinquents. Determinate sentencing for juveniles is among the most recent trends. This article discusses the meaning of determinacy and then describes the new sentencing schemes in three pioneering states: Washington, California and Georgia. Although each state's determinate sentencing provisions show many similarities, there are also important differences. The article concludes by discussing some of the implications of the move toward determinacy.