JUDICIAL PATERNALISM AND THE FEMALE STATUS OFFENDER TRAINING WOMEN TO KNOW THEIR PLACE (FROM CHILDREN OF ISMAEL - CRITICAL PERSPECTIVES ON JUVENILE JUSTICE, 1978, BY BARRY KRISBERG AND JAMES AUSTIN - SEE NCJ-47012)

• NCJ Number: 47015
• Author(s): M CHESNEY-LIND
• Date Published: 1978
• Length: 12 pages
• Corporate Author: Mayfield Publishing Co
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: REPRINTED FROM CRIME AND DELINQUENCY, APRIL 1977, P 121-130

Annotation

EVIDENCE IS REVIEWED INDICATING THAT THE JUVENILE COURT'S HISTORIC COMMITMENT TO TRADITIONAL SEXUAL MORALITY AND OBEDIENCE TO PARENTAL AUTHORITY RESULTS IN A DOUBLE STANDARD OF JUSTICE DISCRIMINATING AGAINST GIRLS.

Abstract

THE HISTORIC ROLE OF THE CRIMINAL JUSTICE SYSTEM AS AN ENFORCER OF TRADITIONAL NORMS FOR JUVENILE BEHAVIOR IS REVIEWED. IT IS NOTED THAT WHEN PARENTAL AUTHORITY BREAKS DOWN, PARTICULARLY IN THE ENFORCEMENT OF SEXUAL NORMS FOR GILES, COURTS WILLINGLY ASSUME JURISDICTION THAT FREQUENTLY LEADS TO FORMAL COURT PROCEEDINGS AND INCARCERATION. RECENT ARREST STATISTICS BY THE FEDERAL BUREAU OF INVESTIGATION ARE CITED TO INDICATE THAT NEARLY ONE-THIRD OF THE YOUNG WOMEN ARRESTED IN 1974 WERE TAKEN INTO CUSTODY FOR EITHER RUNNING AWAY FROM HOME OR CURFEW VIOLATIONS. IT IS FURTHER INDICATED THAT THESE WOMEN, ALONG WITH OTHERS ARRESTED FOR STATUS OFFENSES, ARE FAR MORE LIKELY TO REMAIN IN THE JUVENILE SYSTEM THAN ARE WOMEN CHARGED WITH CRIMES. THE COURT'S PREOCCUPATION WITH THE ENFORCEMENT OF RIGID SEXUAL NORMS FOR GIRLS IS BELIEVED TO UNDERLIE THE TENDENCY FOR LENGTHY INCARCERATION OF GIRLS CHARGED WITH STATUS OFFENSES. SUCH AN APPROACH IS PERCEIVED BY THE COURT AS PREVENTING WAYWARD GIRLS FROM SUCCUMBING TO THE TEMPTATIONS OF THE STREET. IT IS ACKNOWLEDGED THAT WHILE EFFORTS TO EXTEND DUE PROCESS RIGHTS TO THE STATUS OFFENDER HAVE BEEN DISAPPOINTING, CHALLENGES THAT STATUS OFFENSES ARE UNCONSTITUTIONALLY VAGUE HAVE BEEN MORE SUCCESSFUL. THE BUILDING OF PRESSURE FOR LEGISLATIVE REFORM OF THE COURT'S BROAD AUTHORITY OVER STATUS OFFENDERS IS NOTED. THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974, WHICH PROVIDES RESOURCES FOR STATES AND COMMUNITIES TO SET UP NEW PROGRAMS FOR JUVENILE OFFENDERS, REQUIRES THAT STATES RECEIVING FUNDS MUST DEVELOP AND IMPLEMENT PLANS TO TREAT THE STATUS OFFENDER WITHOUT RECOURSE TO JUVENILE DETENTION OR CORRECTIONAL FACILITIES. SINCE THE SEXUAL PREOCCUPATION OF THE COURTS EXTENDS TO THE TRAINING SCHOOLS WHERE INCARCERATED FEMALE STATUS OFFENDERS ARE FREQUENTLY SUBJECTED TO INTERNAL EXAMINATIONS, THEN TRAINING LIMITED TO PREPARATION FOR THEIR ROLE AS A 'HOMEMAKERS,' THE ESTABLISHMENT OF RUNAWAY SHELTERS AND HALFWAY HOUSES FOR YOUNG PEOPLE IN CONFLICT WITH THEIR PARENTS IS RECOMMENDED. NOTES ARE PROVIDED. (RCB)