NCJ Number
56710
Date Published
1977
Length
6 pages
Annotation
DETERMINATE SENTENCING ACCORDING TO SEVERITY OF OFFENSE IS ARGUED FOR JUVENILES TO REPLACE INDETERMINATE DISPOSITIONS BASED ON A REHABILITATION MODEL THAT FOCUSES ON PROBLEMS WITHOUT REFERENCE TO OFFENSE.
Abstract
THE CURRENT RATIONALE FOR THE OPERATING OF A JUVENILE JUSTICE SYSTEM HOLDS THAT YOUTH WITH BEHAVIORAL PROBLEMS PRESUMABLY BASED ON THEIR AGE-RELATED IMMATURITY SHOULD BENEFIT FROM STATE-COORDINATED REHABILITATION SERVICES TAILORED TO THE INDIVIDUAL NEEDS OF PROBLEM YOUTH. IN THEORY, THE NATURE OF THE OFFENSIVE BEHAVIOR IS TO HAVE NO INFLUENCE ON THE NATURE OF THE COURT'S DISPOSITION, EXCEPT AS IT PROVIDES HELP IN DIAGNOSING THE PROBLEMS TO BE TREATED. SUCH A SYSTEM IS BASED UPON TWO INVALID ASSUMPTIONS: (1) ACCURATE DIAGNOSTIC PROCEDURES EXIST AND ARE USED BY JUVENILE COURTS IN ANALYZING CLIENTS' PROBLEMS; AND (2) REHABILITATION PROGRAMS EXIST AND HAVE BEEN PROVEN ABSOLUTELY EFFECTIVE IN TREATING ALL MANNER OF BEHAVIORAL PROBLEMS SO THAT IT IS IN THE JUVENILES BEST INTERESTS TO KEEP HIM UNDER STATE SUPERVISION UNTIL REHABILITATION HAS BEEN COMPLETED. EMPIRICAL STUDIES HAVE FAILED TO ESTABLISH THE TRUTH OF THESE ASSUMPTIONS. IN THE ABSENCE OF PROVEN DIAGNOSTIC AND REHABILITATIVE PROCEDURES, IT MAKES SENSE TO FOCUS JUVENILE COURT DISPOSTIONS ON EQUITABLE AND JUST SANCTIONS TAILORED TO THE SEVERITY OF OFFENSES THAT ARE DEEMED CRIMES WHEN COMMITTED BY ADULTS; STATUS OFFENSES WOULD BE ELIMINATED. THE JUVENILE COURT WOULD CONTINUE AS A SEPARATE SYSTEM UNDER THE RATIONALE THAT AGE-RELATED IMMATURITY WARRANTS MORE LENIENT SANCTIONS FOR THE SAME OFFENSES FOR WHICH ADULTS RECEIVE SEVERE SANCTIONS. REHABILITATION PROGRAMS WOULD CONTINUE, BUT WOULD HAVE TO BE PERFORMED WITHIN TIME LIMITS SET BY COURT SUPERVISION. INDEPENDENT PROCESSES WOULD BE PROVIDED FOR THOSE DEEMED MENTALLY ILL. FOR RELATED DOCUMENTS, PLEASE SEE NCJ 56707-56709 AND 56711 AND 56717.