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JUDICIAL DECISION-MAKING IN THE JUVENILE COURT - AN EMPIRICAL TEST OF A LABELING/CONFLICT PROPOSITION

NCJ Number
51158
Author(s)
I H MARSHALL
Date Published
1977
Length
187 pages
Annotation
A SYSTEMATIC RANDOM SAMPLE OF CASES FROM TWO JUVENILE COURT JURISDICTIONS WAS STUDIED TO ASSESS THE RELATIVE IMPORTANCE OF CLUSTERS OF LEGAL AND EXTRALEGAL FACTORS IN CASE DISPOSITION.
Abstract
THE LABELING/CONFLICT MODEL WAS USED TO DEVELOP A TOTAL OF 15 VARIABLES WHICH MIGHT INFLUENCE CASE DISPOSITION IN A JUVENILE COURT. THEN DATA FROM 2,161 CASES PASSING THROUGH THE JUVENILE COURTS OF PORTSMOUTH AND VIRGINIA BEACH, VIRGINIA, BETWEEN JANUARY 1, 1970, AND DECEMBER 31, 1974, WERE STUDIED TO DETERMINE FACTORS WHICH SEEMED TO INFLUENCE JUDICIAL DECISIONS. THE LABELING THEORY, FACTORS PREVIOUSLY IDENTIFIED AS SIGNIFICANT UNDER THIS THEORY, AND THE DESIGN OF THIS STUDY ARE PRESENTED IN DETAIL. THE MULTIPLE REGRESSION TECHNIQUES USED IN THIS STUDY FOUND THAT LEGAL VARIABLES ARE ONLY MARGINALLY IMPORTANT DETERMINANTS OF CASE DISPOSITION. HOWEVER, THE STANDARD SOCIAL DISADVANTAGE VARIABLES TYPICALLY USED BY LABELING/CONFLICT THEORISTS TO ACCOUNT FOR DIFFERENTIAL PROCESSING APPEARED TO HAVE POOR PREDICTIVE POWER IN THIS SETTING. FAMILY SOCIOECONOMIC STATUS, DEPENDENCE ON PUBLIC WELFARE, OR OFFENDER'S SEX WERE NOT CORRELATED WITH CASE OUTCOME. HOWEVER, RACE, AGE, AND ACADEMIC PERFORMANCE WERE SIGNIFICANT, WITH BLACK, YOUNGER, AND POORER PERFORMERS RECEIVING MORE SEVERE SENTENCES. AN UNEXPECTED VARIABLE WAS THE COMPLETENESS OF THE SOCIAL BACKGROUND REPORT. THOSE JUVENILES FOR WHICH SUCH A REPORT WAS FAIRLY COMPLETE RECEIVED MORE SEVERE DISPOSITIONS, EVEN WHEN THE INFLUENCES OF AGE, RACE, SEX, AND DEGREE OF PRIOR OR CURRENT LEGAL INVOLVEMENT WERE HELD CONSTANT. IT IS SUGGESTED THAT A COMPLETE BACKGROUND REPORT INDICATES TO THE COURT THAT THE JUVENILE IS MORE IN NEED OF TREATMENT. TABLES PRESENT STUDY DATA. MATHEMATICAL DATA AND A BIBLIOGRAPHY ARE APPENDED. (GLR)

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