REMAND IN CUSTODY AS A DETERRENT IN JUVENILE JURISDICTION

• NCJ Number: 50856
• Journal: British Journal of Criminology Volume: 18 Issue: 3 Dated: (JULY 1978) Pages: 285-289
• Author(s): J KRAUS
• Date Published: 1978
• Length: 5 pages
• Corporate Author: Institute for the Study and Treatment of Delinquency
• Publication Format: Article
• Language: English
• Country: United Kingdom

Annotation

THE HYPOTHESIS THAT THE RECIDIVISM OF COMPARABLE MALE JUVENILE OFFENDERS IS LESS AFTER REMAND IN CUSTODY THAN AFTER REMAND AT HOME WAS TESTED IN A SAMPLE OF 90 FIRST OFFENDERS CHARGED IN AN AUSTRALIAN COURT.

Abstract

THE 90 MALE JUVENILE FIRST OFFENDERS WERE REMANDED IN CUSTODY BY A METROPOLITAN CHILDREN'S COURT IN SYDNEY BETWEEN JUNE 1973 AND JULY 1974 AND WERE GIVEN A PERIOD OF PROBATION. EACH OF THESE OFFENDERS WAS MATCHED WITH A FIRST OFFENDER WHO APPEARED IN THE SAME COURT DURING THE SAME PERIOD OF TIME AND WHO WAS REMANDED AT HOME AND GIVEN A PERIOD OF PROBATION. THE LENGTH OF PROBATIONARY SUPERVISION HAD NO RELATION TO RECIDIVISM FOR THE POPULATION UNDER STUDY. AT THE TIME OF REMAND, THE AGE RANGE OF THE JUVENILES WAS 11 TO 17 YEARS. EACH OFFENDER WAS FOLLOWED FOR A PERIOD OF 24 MONTHS FROM THE DATE OF HIS PROBATION ORDER THROUGH INDIVIDUAL RECORDS KEPT BY THE DEPARTMENT OF YOUTH AND COMMUNITY SERVICES. RECIDIVISM WAS ASSESSED IN TERMS OF INTENSITY BY THE NUMBER OF PROVEN CHARGES AGAINST THE JUVENILES AND IN TERMS OF SERIOUSNESS BY THE NUMBER OF COMMITTALS TO TRAINING SCHOOLS. TYPES OF OFFENSES WERE RECORDED ALSO TO MEASURE QUALITATIVE ASPECTS OF RECIDIVISM. NO SIGNIFICANT DIFFERENCE WAS FOUND BETWEEN THE TWO GROUPS IN THE NUMBER OF RECIDIVISTS CHARGED WITH A LESSER AND A GREATER NUMBER OF OFFENSES. THERE WAS A HIGHLY SIGNIFICANT DIFFERENCE BETWEEN THE NUMBER WHO DID AND DID NOT REOFFEND; THE PERCENTAGE WHO DID REOFFEND WAS 64.4 PERCENT IN CUSTODY REMAND AND 36.6 PERCENT IN HOME REMAND. UNLIKE DETENTION IN TRAINING SCHOOLS, REMAND IN CUSTODY WAS NOT FOLLOWED BY A SPECIFIC PATTERN OF DELINQUENCY. THE STUDY FINDINGS DO NOT SUPPORT THE BELIEF OF SOME MAGISTRATES WHO DEAL WITH JUVENILES THAT REMAND IN CUSTODY IS AN EFFECTIVE DETERRENT TO RECIDIVISM. THERE APPEARS TO BE NO PRAGMATIC JUSTIFICATION FOR THE LEGALLY UNSANCTIONED USE OF REMAND IN CUSTODY AS A PENAL MEASURE FOR MALE JUVENILE OFFENDERS. SUPPORTING DATA AND REFERENCES ARE INCLUDED. (DEP)