NCJ Number
48540
Journal
Journal of Research in Crime and Delinquency Volume: 14 Issue: 2 Dated: (JULY 1977) Pages: 173-176
Date Published
1977
Length
4 pages
Annotation
RESEARCH FINDINGS DEMONSTRATING THE ARBITRARY AND OFTEN MALEVOLENT DETENTION PRACTICES APPLIED TO CHILDREN AND JUVENILES ARE EXAMINED IN LIGHT OF HISTORICAL PRECEDENTS.
Abstract
NEEDLESS DETENTION, THE INCREASINGLY FREQUENT DETENTION OF STATUS OFFENDERS, THE ARBITRARINESS OF ADMINISTRATIVE DISCRETIONARY DECISIONS, AND THE MIXING OF STATUS OFFENDERS WITH ADJUDICATED DELINQUENTS ARE ONLY A FEW OF THE PRACTICES WHICH HAVE CREATED DISILLUSIONMENT WITH THE JUVENILE JUSTICE SYSTEM. DURING THE MIDDLE AGES AND INTO THE 17TH AND 18TH CENTURIES, INFANTICIDE, ABANDONMENT, AND ECONOMIC EXPLOITATION OF CHILDREN WERE COMMON. DURING THE 17TH AND 18TH CENTURIES CHILDREN WERE VIEWED BOTH AS INNOCENT AND FRAGILE AND AS CORRUPTIBLE AND FULL OF DESTRUCTIVE IMPULSES. THE EMPHASIS PLACED ON CHILD EDUCATION IN THE 18TH CENTURY EVENTUALLY LED TO THE ESTABLISHMENT OF CHILD-SAVING PHILOSOPHIES AND INSTITUTIONS IN THE 19TH CENTURY. SCIENTIFIC THEORIES OF HUMAN DEVELOPMENT AND HUMAN BEHAVIOR, COUPLED WITH EARLIER VIEWS OF WHAT CONSTITUTES DESIRABLE CHILD BEHAVIOR AND ADULT AUTHORITY OVER CHILDREN, LED TO THE WIDESPREAD USE OF ADMINISTRATIVE ADULT DISCRETION IN THE USE OF DETENTION AS A MEASURE FOR PROTECTING THE INNOCENCE OF MINORS AND INSURING THE DOMESTICITY OF GIRLS. SUCH ATTITUDES HELP TO EXPLAIN SUCH RESEARCH FINDINGS AS THE MOST FREQUENT DETENTION OF WHITE, PARTICULARLY WHITE FEMALE, MINORS. IN THE LIGHT OF PAST HISTORY, JUVENILE DETENTION PRACTICES OF TODAY ARE NOT SURPRISING. IT IS ONLY SINCE THE 1960'S THAT THE JUVENILE JUSTICE SYSTEM HAS BEEN SUBJECT TO SCRUTINY. THE CONCEPTS OF LABELING THEORY, DEINSTITUTIONALIZATION, DECRIMINALIZATION, THE RIGHTS OF MINORS. AND THE DISTINCTION BETWEEN STATUS OFFENDERS AND DELINQUENTS ARE ALL OF RECENT ORIGIN. REFERENCES ARE PROVIDED. (JAP)