NCJ Number
53903
Journal
LAE JOURNAL OF THE AMERICAN CRIMINAL JUSTICE ASSOCIATION Volume: 41 Issue: 1 Dated: (WINTER/SPRING 1978) Pages: 39-46
Date Published
1978
Length
7 pages
Annotation
THE CRITERIA USED TO DEFINE, TYPE, AND DEAL WITH YOUNG OFFENDERS ARE DESCRIBED AND THE WAY THESE CRITERIA OFTEN LEAD TO PROCESSING STEREOTYPES WHICH DISCRIMINATE AGAINST THE POOR ARE DISCUSSED.
Abstract
BECAUSE JUVENILE COURT JUDGES HAVE TENDED TO DEVELOP CRITERIA FOR CASE HANDLING, THE DISPOSITION OF ANY GIVEN CASE IS USUALLY FAIRLY PREDICTABLE. SINCE SEVERAL TREATMENT ALTERNATIVES ARE AVAILABLE, IT IS NECESSARY TO RANK THEM IN ORDER OF DESIRABILITY. THE MOST ATTRACTIVE ARE 'PURE TREATMENT,' NEXT THOSE COMBINING OVERSIGHT WITH TREATMENT, AND FINALLY THE COMMITTING OF CHILDREN TO CORRECTIONAL INSTITUTIONS. THE FACTORS WHICH ARE USUALLY CONSIDERED IN SENTENCNG INCLUDE NOT ONLY THE OFFENSE BUT ALSO PERCEIVED MOTIVATION FOR THE OFFENSE AND SUCH BACKGROUND VARIABLES AS BROKEN HOMES AND TROUBLE IN SCHOOL. IT IS POINTED OUT THAT WHEN THE BEHAVIOR SEEMS SENSELESS, THE YOUTH IS SEEN AS DISTURBED. IF THERE IS NO PRIOR RECORD, A TREATMENT APPROACH IS ORDERED. IF THERE IS PREVIOUS COURT CONTACT, THE BEHAVIOR IS SEEN AS MORE CRIMINAL AND THE JUDGE LOOKS AT BACKGROUND VARIABLES. JUVENILES SEEN AS COMING FROM A 'BAD HOME' ARE USUALLY DEALT WITH IN A MORE LEGALISTIC MANNER. AS THE NUMBER OF JUVENILE CASES HAS INCREASED, THIS TENDENCY TO 'PIGEONHOLE' JUVENILES HAS ALSO INCREASED. THIS MEANS THAT CHILDREN FROM BROKEN HOMES OR CHILDREN DOING POORLY IN SCHOOL ARE MORE LIKELY TO RECEIVE SEVERE SENTENCES, REGARDLESS OF OTHER CIRCUMSTANCES. SINCE THE POOR ARE MORE LIKELY TO HAVE BROKEN HOMES AND SCHOOL PROBLEMS, IT IS CALLED NO SURPRISE THAT THE CHILDREN OF THE POOR ARE MORE OFTEN FOUND IN CORRECTIONAL INSTITUTIONS. IN MASSACHUSETTS, 88 PERCENT OF JUVENILES IN REFORM SCHOOL WERE FROM FAMILIES NEAR THE POVERTY LEVEL. THE IMPLICATIONS THIS HAS FOR THE FUTURE OF THESE CHILDREN IS DECRIED. NOTES AND REFERENCES ARE APPENDED. (GLR)