NCJ Number
52107
Date Published
1975
Length
11 pages
Annotation
ARGUMENTS FOR REMOVING NONDELINQUENT MINORS FROM THE JURISDICTION OF JUVENILE AND FAMILY COURTS ARE PRESENTED IN A DISCUSSION CRITICIZING GOVERNMENT FOR FUNDING CRIME PREVENTION EFFORTS WITHOUT STRATEGY OR PLANNING.
Abstract
THE DISCUSSION WAS PRESENTED BY THE PRESIDENT OF THE NATIONAL COUNCIL ON CRIME AND DELINQUENCY BEFORE THE NEW YORK STATE COUNCIL OF VOLUNTARY CHILD CARE AGENCIES, WHICH HAD JUST VOTED IN FAVOR OF KEEPING PERSONS IN NEED OF SUPERVISION (PINS) IN THE JURISDICTION OF THE NEW YORK FAMILY COURT. IT IS FIRST POINTED OUT THAT NATIONAL POLICYMAKERS CORRECTLY HIGHLIGHT CRIME AS A CRITICAL AREA OF PUBLIC CONCERN, BUT THEN OFFER ONLY MEANINGLESS SLOGANS OR PROGRAMS NOTED FOR CENTURIES OF FAILURE. THE NATIONAL STRATEGY IS SAID TO BE TO REACT TO CRIME BY INCREASING THE ARMAMENT OF POLICE, COURTS, AND CORRECTIONS, IGNORING THE RECOMMENDATIONS OF NATIONAL COMMISSIONS APPOINTED TO STUDY CRIME. THE NATIONAL COUNCIL'S FIRST ACTION PRIORITY FOR REDUCING CRIME AND VIOLENCE -TO MINIMIZE THE INVOLVEMENT OF YOUNG OFFENDERS IN THE JUVENILE AND CRIMINAL JUSTICE SYSTEMS -- IS DISCUSSED, WITH REFERENCE TO THE FACTS THAT ONLY A SMALL PERCENTAGE OF YOUTHS WHO ACTUALLY COMMIT CRIMES ARE OFFICIALLY ADJUDICATED IN THE COURTS, AND THAT YOUTHS WHO ARE ARRESTED AND PUNISHED MOST SEVERELY ARE MOST LIKELY TO COMMIT OTHER AND/OR MORE VIOLENT CRIMES. THE JUVENILE AND FAMILY COURTS' INCREASING INVOLVEMENT IN THE LIVES OF YOUTHS WHO HAVE NOT COMMITTED CRIMES IS CITED, AS IS THE COURTS' INEFFECTIVENESS IN DEALING WITH THESE YOUTHS. IT IS POINTED OUT THAT JUVENILE AND FAMILY COURTS WERE NEITHER INTENDED NOR EQUIPPED TO BE FAMILY AND CHILD WELFARE OR COMMUNITY MENTAL HEALTH AGENCIES AND THAT THE MYTH THAT JUVENILE COURTS CAN MEET THE NEEDS OF NONDELINQUENT CHILDREN IMPEDES LOCAL ALLOCATION OF FUNDS TO SCHOOL, FAMILY, AND CHILD SERVICE SYSTEMS. THOSE WHO ARGUE THAT REMOVING PINS CASES FROM THE COURT'S JURISDICTION WOULD RESULT IN OVERLOADS FOR FAMILY AND CHILD CARE AGENCIES AND SCHOOLS ARE URGED TO CONSIDER THAT THE AGENCIES AND SCHOOLS, RATHER THAN THE COURTS, ARE WHERE THE OVERLOAD BELONGS. IT IS SUGGESTED THAT TO RETAIN PINS JURISDICTION AND TO INCREASE COURT DIVERSION PROGRAMS INEVITABLY WILL EXTEND THE REACH OF THE JUVENILE JUSTICE SYSTEM BY CRIMINALIZING MANY PERSONS WHO REFUSE TO YIELD TO COERCION. IT IS FURTHER POINTED OUT THAT, WITHOUT RESPONSIBILITY FOR NONDELINQUENTS, JUVENILE AND FAMILY COURTS WILL BE BETTER ABLE TO DEAL WITH CRIMES COMMITTED BY YOUTHS AND TO ENFORCE CHILDREN'S RIGHTS. THE FOLLOWING STRATEGY IS SUGGESTED: IDENTIFYING NEIGHBORHOOD TOLERANCES FOR YOUNG OFFENDERS WHO ARE NOT APPREHENDED AND COMMUNITY ALTERNATIVES THAT APPEAR TO WORK FOR THESE YOUTHS, AND FORMALLY STRUCTURING THESE TOLERANCES AND ALTERNATIVES FOR CHILDREN WHO OTHERWISE WOULD COME INTO THE JUVENILE JUSTICE SYSTEM PRIMARILY BECAUSE OF THEIR SOCIAL STATUS. (LKM)