NCJ Number
62451
Date Published
1977
Length
33 pages
Annotation
OPPOSING VIEWS RELATED TO THE HANDLING OF JUVENILE OFFENDERS ARE PRESENTED BY THE ADVOCATES OF EACH PERSPECTIVE.
Abstract
THE OPENING ARTICLE FAVORS ADULT JUDICIAL PROCESSING OF JUVENILES OVER THE AGE OF 13 CHARGED WITH CRIMINAL ACTS, IN ORDER TO MATCH THE DISPOSITIONS OF CONVICTED JUVENILES WITH THE SEVERITY OF THEIR CRIMES. THE JUVENILE JUSTICE SYSTEM, WHICH PERMITS A MAXIMUM OF 18 MONTHS CONFINEMENT (IN NEW YORK), IS BELIEVED TO OFFER LITTLE DETERRENT TO A JUVENILE CONSIDERING THE CONSEQUENCES OF A CRIMINAL ACT. A SECOND PRESENTATION ARGUES THAT PUNITIVE CONFINEMENT OF JUVENILES ONLY REINFORCES OR AGGRAVATES CRIMINAL TENDENCIES. THE CONFINEMENT OF 'DANGEROUS JUVENILES UNDER TREATMENT CONDITIONS IS ADVOCATED, WHILE THE CONTROLLED SUPERVISION IN THE COMMUNITY OF PETTY JUVENILE OFFENDERS IS SUGGESTED. THE ELIMINATION OF STATUS OFFENSES IS RECOMMENDED. A THIRD PAPER DRAWS UPON THE AUTHOR'S EXPERIENCE WITH THE JUVENILE JUSTICE SYSTEM THROUGH THE VICTIMIZATION OF A FAMILY MEMBER BY A JUVENILE. THE ABSENCE OF CONSIDERATION OF PRIOR CRIMINAL HISTORY AND THE REPETITIVE RELEASE ON PROBATION OF A HABITUALLY VIOLENT JUVENILE ARE NOTED IN THE PROCESSING. THE REMOVAL OF JUVENILE PROCEEDINGS FROM SECRECY AND THE INCREASED ACCOUNTABILITY OF JUVENILE JUDGES BEFORE THE PUBLIC EYE ARE RECOMMENDED. A FOURTH POSITION CHALLENGES THE PREVALENT ARGUMENT THAT 'PERMISSIVENESS' IS A ROOT CAUSE OF JUVENILE DELINQUENCY. BASED UPON PERSONAL INTERVIEWS WITH OFFENDERS, IT IS ARGUED THAT JUVENILE OFFENDERS TEND TO HAVE A HISTORY OF FAMILY ABUSE AND NEGLECT, SUCH THAT PUNITIVE JUDICIAL APPROACHES SIMPLY EXTEND AND REINFORCE OFFENDER REACTIONS TO A HOSTILE AND THREATENING ENVIRONMENT. A FINAL PRESENTATION USES CONTROL THEORY (THE THEORY THAT JUVENILE DELINQUENCY STEMS FROM A FAILURE TO ESTABLISH BONDING WITH SIGNIFICANT 'NORMALIZING' AUTHORITY FIGURES AND INSTITUTIONS) TO ARGUE THAT JUVENILE OFFENDERS MUST BE SEPARATED FROM A DEVIANT SUBCULTURE TO HAVE CONTINUOUS CONTACT WITH A 'NORMALIZING' MILIEU. THIS THEORY IMPLIES POSITIVE COMMUNITY CONTACTS UNDER SUPERVISION, WITH CONFINEMENT RESERVED FOR ONLY THE 'DANGEROUS' JUVENILE OFFENDERS. AN EXERCISE DESIGNED TO EXPOSE 'SCAPEGOATING' ATTITUDES IS PROVIDED AT THE CONCLUSION OF THE PRESENTATIONS. (RCB)