RECOGNISING AND CONTROLLING DISCRETION (FROM JUVENILE JUSTICE IN BRITAIN AND THE UNITED STATES - THE BALANCE OF NEEDS AND RIGHTS, 1978, BY PHYLLIDA PARSLOE - SEE NCJ-49769)

• NCJ Number: 49779
• Author(s): P PARSLOE
• Date Published: 1978
• Length: 19 pages
• Corporate Author: Routledge and Kegan Paul Ltd
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE IMPORTANCE OF ACKNOWLEDGING AND CONTROLLING THE DISCRETIONARY POWERS OF SOCIAL WORKERS, LAWYERS, POLICE, JUDGES, AND OTHER DECISIONMAKERS WITHIN THE JUVENILE JUSTICE SYSTEM IS DISCUSSED.

Abstract

THE DISCUSSION DRAWS ON EXAMPLES OF WAYS IN WHICH THE JUVENILE JUSTICE SYSTEMS IN THE UNITED STATES AND BRITAIN HAVE ATTEMPTED FIRST TO RECOGNIZE THE DISCRETIONARY ASPECTS OF THE VARIOUS ROLES WITHIN THE JUVENILE JUSTICE SYSTEM, AND THEN TO CONTROL THE MANNER IN WHICH DISCRETION IS EXERCISED. IT IS POINTED OUT THAT THE RELATIVE INFLUENCE OF THE CRIMINAL JUSTICE, WELFARE, AND COMMUNITY APPROACHES ON PROCEDURE AND ACTION IN JUVENILE COURTS AND HEARINGS ULTIMATELY IS DETERMINED BY THE WAY IN WHICH JUDGES, SOCIAL WORKERS, LAWYERS, AND POLICE USE THEIR DISCRETION. IT IS ARGUED THAT CONSIDERATIONS OF WELFARE AND CRIMINAL JUSTICE SHOULD ALWAYS BE BALANCED, AND THAT BOTH SHOULD INFLUENCE AND BE INFLUENCED BY THE POSSIBILITIES INHERENT IN A COMMUNITY APPROACH TO JUVENILE JUSTICE. IN THE UNITED STATES AND PARTICULARLY IN BRITAIN, THERE EXISTS THE POTENTIAL FOR A SWING TOWARD REPRESSIVE AND PUNITIVE MEASURES IN RESPONSE TO SERIOUS CRIME AMONG YOUNG PEOPLE. SUCH A SHIFT COULD COME ABOUT NOT AS A MATTER OF CONSCIOUS POLICY BUT RATHER AS A CONSEQUENCE OF TWO CIRCUMSTANCES: A FAILURE TO RECOGNIZE AND PROVIDE FOR A COMBINATION OF APPROACHES TO JUVENILE JUSTICE; AND A FAILURE TO NOTICE CHANGES OR INCONSISTENCIES IN THE MANNER IN WHICH JUVENILE JUSTICE SYSTEM PERSONNEL EXERCISE THEIR DISCRETION. GUIDELINES THAT CLARIFY THE ROLES AND RESPONSIBILITIES OF JUVENILE JUSTICE SYSTEM PERSONNEL ARE NEEDED TO MAKE CERTAIN THAT ONE APPROACH TO JUVENILE JUSTICE IS NOT OVERSHADOWING THE OTHER APPROACHES. THE ESTABLISHMENT OF CONTROLS ON THE EXERCISE OF DISCRETION WITHIN THE JUVENILE JUSTICE SYSTEM IS PARTICULARLY IMPORTANT IN LIGHT OF THE FACT THAT JUVENILE PROCEEDINGS ARE CLOSED TO THE PUBLIC. DISCRETION MAY BE CONTROLLED IN THREE WAYS: BY LIMITING, BY STRUCTURING, AND BY CHECKING. EXAMPLES FROM THE UNITED STATES AND BRITAIN SUGGEST HOW THESE THREE METHODS MAY BE USED TO CONTROL DISCRETION AT THE POINT OF ENTRY INTO THE JUVENILE JUSTICE SYSTEM, AND TO GUIDE THE EXERCISE OF DISCRETION BY SOCIAL WORKERS, WHO, AS A PROFESSION, HAVE GIVEN LESS ATTENTION THAN LAWYERS AND POLICE TO THE MATTER OF DISCRETIONARY POWER. (LKM)