NCJ Number
68518
Journal
Monatsschrift fuer Kriminologie und Strafrechtsreform Volume: 63 Issue: 1 Dated: (FEBRUARY 1980) Pages: 1-19
Date Published
1980
Length
19 pages
Annotation
THE EFFECTIVENESS OF WEST GERMANY SOCIAL CONTROL THROUGH JUVENILE COURTS AND POSSIBLE DISCREPANCIES BETWEEN LAW AND PRACTICE ARE ASSESSED BY EXAMINING JUVENILE JUDGES' BEHAVIOR AND INTENTIONS FROM VARIOUS PERSPECTIVES.
Abstract
STUDY DATA DERIVE FROM STRUCTURED INTERVIEWS WITH 33 JUVENILE JUDGES OF 29 COURTS IN FOUR STATE COURT DISTRICTS, WITH 46 JUVENILE COURT ASSISTANTS, AND WITH 29 JUVENILE OR YOUNG ADULT OFFENDERS. STUDY RESULTS INDICATE THAT JUDGES REGARD THEMSELVES AS SYMPATHETIC TO JUVENILES BUT ARE UNTRAINED IN CHILD DEVELOPMENT FIELDS. THEY ARE SELECTED FOR PURELY ADMINISTRATIVE REASONS AND CONSIDER THEMSELVES IN NEED OF SPECIALIZED TRAINING. IN CONTRAST, JUVENILE COURT ASSISTANTS ARE LESS POSITIVE ABOUT JUDGES' PERSONALITY TRAITS, AND 61 PERCENT OF THE JUVENILE OFFENDERS, PRINCIPALLY REPEATERS, FIND JUDGES IMPERSONAL, CRITICAL, AND AUTHORITARIAN. WHILE JUDGES EMPHASIZE THE NEED FOR INDIVIDUAL TREATMENT OF JUVENILES, COURT ASSISTANTS CONSIDER JUDGES' TREATMENT OF JUVENILES SIMILAR TO THAT IN ADULT COURTS. JUVENILE DELINQUENTS FEEL THAT THE COURTROOM ATMOSPHERE IS INTIMIDATING, COMMUNICATION DIFFICULT, AND JUDGES' INSIGHT INTO THEIR PERSONALITIES INADEQUATE. JUDGES BELIEVE THAT PENALTIES FOR JUVENILES SERVE A PEDAGOGICAL PURPOSE, BUT ONLY SEVEN PERCENT OF THE JUVENILE DELINQUENTS REGARD THE COURT MEASURES AS ASSISTANCE. IN GENERAL, JUVENILE JUDGES' PRACTICES DIFFER LITTLE FROM THOSE OF ADULT COURT JUDGES, AND THE INTENTIONS OF THE JUVENILE CODE ARE NOT BEING REALIZED. PENALTIES ARE GENERALLY MILD BUT WITH PUNITIVE INTENT, UNLESS JUDGES HAVE RECEIVED SPECIAL JUVENILE-ORIENTED TRAINING. JUVENILE JUDGES AND COURT ASSISTANTS ALIKE QUESTION THE POSSIBILITY OF REHABILITATING DELINQUENTS WITH EXISTING JUVENILE LAWS, AND BOTH COURT ASSISTANTS AND JUVENILE DELINQUENTS FEEL THAT COURT PROCEEDINGS INTENSIFY JUVENILE DELINQUENTS' NEGATIVE ATTITUDES TOWARD THE JUSTICE SYSTEM. FOR THIS REASON, JUVENILE LAW REFORM HAS BEEN VIGOROUSLY DISCUSSED. DEVELOPMENT OF POSSIBILITIES IN THE PRESENT JUVENILE CODE AND PARTIAL REFORM OF JUVENILE LAW WITH EMPHASIS ON JUVENILE ASSISTANCE AND APPROPRIATE TREATMENT MODES ARE RECOMMENDED. NUMEROUS NOTES ARE SUPPLIED.--IN GERMAN.