NCJ Number
110515
Journal
International Journal of Law and Psychiatry Volume: 10 Issue: 2 Dated: (1987) Pages: 129-151
Date Published
1987
Length
23 pages
Annotation
This article assesses the reasons for and implications of the recent movement towards punitive juvenile justice.
Abstract
Several developments account for the present trend away from rehabilitation in favor of punishment in the juvenile system. In two court cases, In Re Gault, 387 US 1 (1967) and Breed v. Jones, 421 US 519 (1975), the court brought about the demise of parens patriae in favor of procedural criminalization. The decline and disillusionment of the rehabilitative ideal in juvenile justice was paralleled by a similar phenomenon in the criminal justice system. The views of children's responsibility changed from incapacity to capability for rational choice and moral responsibility, as reflected in social science research and literature. Several court cases implied that because children are constitutional 'persons,' they are entitled to the same rights as adults. With rising rates of juvenile crime, a move toward punitive juvenile justice was justified as a last resort. A concern with punitive juvenile justice is that the punishment is just and that procedural protections are guaranteed. In light of the merging ideas of the juvenile justice and criminal justice system, a strong reason for retaining a separate punishment system is that the juvenile be spared the stigmatic effect from the 'criminal' label. 174 footnotes.