RECRIMINALIZATION OF THE JUVENILE JUSTICE SYSTEM - THE DEMISE OF THE SOCIALIZED COURT

• NCJ Number: 68171
• Journal: Juvenile and Family Court Journal Volume: 31 Issue: 2 Dated: (MAY 1980) Pages: 15-22
• Author(s): P R TAMILIA
• Date Published: 1980
• Length: 8 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

CURRENT SOCIAL AND ACADEMIC PRESSURES WHICH MAY CAUSE THE JUVENILE JUSTICE SYSTEM TO SHIFT FROM ITS CHILD WELFARE APPROACH TO RECRIMINALIZATION OF JUVENILE JUSTICE ARE EXAMINED CRITICALLY.

Abstract

THE ACADEMIC WORLD AND THE CIVIL RIGHTS MOVEMENT, THE FORMER NURTURING SOURCES OF THE CURRENT SOCIALIZED JUVENILE JUSTICE SYSTEM, ARE TURNING AWAY FROM THE SYSTEM'S UNDERLYING CONCEPTS. CHANGES BEING ADVOCATED INCLUDE STRICT LEGALIZATION OF PROCEEDINGS, PROCEDURAL DUE PROCESS, VOLUNTARISM IN TREATMENT, DENIGRATION OF REHABILITATION, AND THE WRITING OFF OF TRADITIONAL CONCEPTS OF PARENTAL CONTROL AND RESPONSIBILITY. THE FORCES RESPONSIBLE FOR THESE PROPOSED CHANGES DATE FROM THE EARLY 1960'S. MESSAGES BEING RECEIVED FROM MANY WRITERS, RESEARCHERS, AND ADVOCATES ARE CONFLICTING, SELF-SERVING, AND IN OPPOSITION TO LONG-ESTABLISHED CONCEPTS OF CHILD DEVELOPMENT. UNDERLYING THESE ATTITUDES ARE THE BELIEF THAT NATURE RATHER THAN NURTURE IS RESPONSIBLE FOR HUMAN DEVELOPMENT. THE NEW WAVE'S THREE MAIN THRUSTS--LEGALISTIC, DEVERSIONARY, AND ANTISTRUCTURE--ARE DAMAGING THE PRESENT SYSTEM. NEW YORK CITY'S EMPHASIS ON THE LEGALISTIC APPROACH, FOR EXAMPLE, HAS NEARLY PARALYZED ITS COURTS. THE PREVIOUS LACK OF RIGID RULES AND PROCEDURES HAS BEEN THE GREAT STRENGTH OF THE JUVENILE JUSTICE SYSTEM. MASSACHUSETTS' EXPERIENCE WITH DIVERSION HAS SHOWN THAT IT RESULTS IN FAR MORE CHILDREN PENETRATING THE SYSTEM INTO THE DIVERSION PROGRAM. THE MOVE TOWARD DEINSTITUTIONALIZATION MAY PRODUCE AN OVERREACTION THAT MAY UNDO ANY GOOD THAT WILL BE ACHIEVED. ONLY A FLEXIBLE, SOCIALLY ORIENTED AMBIENCE OF JUVENILE COURTS CAN PRODUCE THE RESOLUTION OF JUVENILE PROBLEMS. DISMANTLING THE PRESENT SYSTEM RATHER THAN BRINGING IT INTO BALANCE WILL PRODUCE AN INCALCULABLE REGRESSION. RECENT STANDARDS RECOMMENDED BY THE AMERICAN BAR ASSOCIATION ARE AN OMINOUS SIGN OF THE PRESSURES CURRENTLY FACING JUVENILE COURTS. TWENTY REFERENCES ARE INCLUDED.