OVERVIEW OF STATUS OFFENDERS IN THE JUVENILE JUSTICE SYSTEM (FROM INTRODUCTION TO JUVENILE DELINQUENCY - TEXT AND READINGS, 1978 BY PF CROMWELL, JR., G G KILLINGER, R C SARRI, AND H M SOLOMON - SEE NCJ-45572)

• NCJ Number: 45577
• Author(s): P M ISENSTADT
• Date Published: 1978
• Length: 23 pages
• Corporate Author: West Publishing Co
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

ARGUMENTS FOR AND AGAINST THE REMOVAL OF STATUS OFFENDERS FROM THE JUVENILE SYSTEM AS WELL AS PRACTICAL POLICIES FOR HANDLING SUCH JUVENILES ARE PRESENTED.

Abstract

THE INCLUSION OF STATUS OFFENDERS UNDER COURT JURISDICTION IS TRACED BACK TO THE LANDING OF THE PILGRIMS. THE DOCTRINE OF 'PARENS PATRIAE' BEGAN TO DEVELOP IN 1899 WITH THE FOUNDING OF THE FIRST JUVENILE COURT IN COOK COUNTY, ILLINOIS. TWO RECENT COURT DECISIONS IN THE STATES OF NEW YORK AND WASHINGTON HAVE UPHELD JUVENILE STATUS OFFENSE STATUTES, AND AT PRESENT ALL 50 STATES AND THE DISTRICT OF COLUMBIA INCLUDE STATUS OFFENDERS WITHIN THE PURVIEW OF THE JUVENILE COURT. TWO MOVEMENTS ARE CURRENTLY UNDERWAY TO ALTER THIS: (1) AN ATTEMPT TO REMOVE STATUS OFFENDERS FROM THE COURT ALTOGETHER AND (2) VARIOUS ATTEMPTS TO LIMIT DISPOSITIONS WHICH MAY BE MADE IN STATUS CASES. THOSE ARGUING FOR TOTAL REMOVAL CLAIM STATUS OFFENDERS CONSUME VALUABLE COURT RESOURCES, THAT THE COURT IS POORLY EQUIPPED TO DEAL EFFECTIVELY WITH CHILDREN WHO ARE MERELY UNRULY, AND THAT MIXING STATUS OFFENDERS WITH DELINQUENTS INCREASES THE PROBABILITY THAT STATUS OFFENDERS WILL BE STIGMATIZED. THOSE WHO WISH TO KEEP STATUS OFFENDERS UNDER COURT JURISDICTION CITE THE PARENS PATRIAE DOCTRINE AND SAY THE ANSWER LIES IN BETTER COURT RESOURCES. EMINENT ORGANIZATIONS ARE FOUND ON BOTH SIDES OF THE QUESTION. A LEAA SURVEY OF JUVENILE DETENTION FACILITIES IN 1971 FOUND THAT ONE-THIRD OF THE 57,239 YOUTHS IN THESE FACILITIES WERE STATUS OFFENDERS: 23 PERCENT OF ALL MALES AND 70 PERCENT OF ALL FEMALES. JAILING OF STATUS OFFENDERS IS DISPROPORTIONATELY HIGH. VARIOUS STUDIES HAVE CALLED THE SITUATION ESPECIALLY TRAGIC BECAUSE THE MAJORITY OF STATUS OFFENDERS HAVE NOT COMMITTED ACTS WHICH WOULD BE CONSIDERED CRIMINAL. MOST HAD RUN AWAY FROM HOME. SUSPENSION FROM SCHOOL AND TRUENCY ARE THE NEXT MOST COMMON BEHAVIORS. IT IS RECOMMENDED THAT STATES IMMEDIATELY PROHIBIT INSTITUTIONALIZATION OF STATUS OFFENDERS IN CORRECTIONAL SETTINGS AND DECLARE YOUNG PEOPLE WHO HAVE COMMITTED NO CRIME MORE SERIOUS THAN RUNNING AWAY FROM HOME OR TRUENCY TO BE 'DEPENDENT CHILDREN.' THIS WOULD REMOVE THEM FROM THE COURT SYSTEM AND PUT THEM IN THE HANDS OF THE STATE CHILD WELFARE AGENCY. ACTIONS PENDING IN VARIOUS STATES TO ALTER CURRENT STATUS OFFENDER LAWS ARE SUMMARIZED. (GLR)