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DISCRETIONARY DECISION-MAKING IN JUVENILE JUSTICE

NCJ Number
37437
Journal
Crime and Delinquency Volume: 22 Issue: 4 Dated: (OCTOBER 1976) Pages: 470-480
Author(s)
W H BARTON
Date Published
1976
Length
11 pages
Annotation
A REVIEW OF THE RESULTS OF SEVERAL STUDIES DEALING WITH THE INFLUENCE OF DEMOGRAPHIC, CRIMINAL HISTORY, AND SOCIAL VARIABLES ON DECISION-MAKING DURING POLICE HANDLING, PRESENTENCE REPORTING, AND COURT DISPOSITIONS.
Abstract
THE SOCIAL DISTRIBUTION OF YOUTHS WHO ENGAGE IN DELINQUENT BEHAVIOR IS NOT EXACTLY THE SAME AS THAT OF YOUTHS WHO COME INTO CONTACT WITH THE JUVENILE JUSTICE SYSTEM. THUS A CERTAIN AMOUNT OF DISCRETION CHARACTERIZES THE DECISIONS MADE AT VARIOUS POINTS WITHIN THE SYSTEM. IN SEEKING AN UNDERSTANDING OF THE DISCRETIONARY PROCESSES, RESEARCHERS HAVE TRIED TO ISOLATE ELEMENTS RELATED TO DISPOSITIONS AT DISTINCT DECISION POINTS. IN ADDITION TO OFFENSE AND OFFENSE HISTORY, THE ELEMENTS OF SEX, RACE, AND SOCIAL CLASS HAVE OFTEN BEEN THE FOCI OF THESE STUDIES, SEVERAL OF WHICH ARE REVIEWED HERE. THIS REVIEW SUGGESTS THAT AS A YOUTH PENETRATES FURTHER INTO THE JUVENILE JUSTICE SYSTEM, FACTORS OTHER THAN HIS PRESENT OFFENSE BECOME INCREASINGLY SALIENT TO DECISIONMAKERS. IT ALSO APPEARS THAT, ONCE APPREHENDED, GIRLS TEND TO FARE WORSE THAN BOYS DO AT THE HANDS OF THE SYSTEM. HOWEVER, EXTREME CAUTION IS URGED IN GENERALIZING FROM THESE STUDIES, WHICH DIFFERED IN TIME, PLACE, METHODOLOGY, AND SCOPE. PERHAPS THE MOST IMPORTANT CONCLUSION OF THIS REVIEW IS THAT A CLEAR UNDERSTANDING OF THE DECISION-MAKING PROCESSES IN THE JUVENILE SYSTEM IS UNLIKELY UNTIL A SYSTEMATIC RESEARCH STRATEGY OR SET OF STRATEGIES EMERGES TO REPLACE THE PIECEMEAL APPROACHES USED TO DATE. SOME SUGGESTIONS FOR SUCH STRATEGIES ARE OFFERED. (AUTHOR ABSTRACT)