NCJ Number
43047
Date Published
1977
Length
21 pages
Annotation
CODES WHICH EXTEND COURT JURISDICTION OVER FEMALES TO 18 YEARS OF AGE WHILE RELINQUISHING JURISDICTION OVER MALES AT 16 YEARS ARE CRITICIZED. REASONS FOR THE GREATER NUMBER OF FEMALE STATUS OFFENDERS ARE EXAMINED.
Abstract
DESPITE THE RISE IN FEMALE DELINQUENCY, THE MAJORITY OF MINOR GIRLS WHO APPEAR IN COURT ARE CHARGED WITH NONCRIMINAL BEHAVIOR; FOR BOYS, ONLY ONE-FIFTH ARE CHARGED WITH STATUS OFFENSES. JUVENILE LAW REFLECTS SOCIETY'S CONCERN WITH FEMALE CHILD-BEARING CAPABILITIES. JUVENILE CODES IN A MAJORITY OF STATES EXTEND COURT JURISDICTION OVER FEMALES FOR A LONGER PERIOD OF TIME - GENERALLY UNTIL AGE 18 FOR GIRLS, AGE 16 FOR BOYS. THE RATIONALE IS THAT THE COURTS HAVE 'A PROTECTIVE FUNCTION.' HOWEVER, IN BEING 'PROTECTED' BY THE COURT, A GIRL IS MUCH MORE LIKELY TO BE SENT TO A DETENTION HOME, PLACED ON PROBATION, OR OTHERWISE PUNISHED FOR BEHAVIOR WHICH WOULD NOT BE CONSIDERED SERIOUS IF COMMITTED BY BOYS. CURRENT AWARENESS OF THE CHANGING STATUS OF WOMEN HAS LED TO REPEAL OR INVALIDATION OF A NUMBER OF SEX-BASED JURISDICTIONAL STATUTES. HOWEVER, TRADITIONAL VIEWS HELD BY BOTH PARENTS AND JUDGES PUT GIRLS AT A DISADVANTAGE, ESPECIALLY WHEN THE CHARGES ARE VAGUE, SUCH AS 'INCORRIGIBILITY.' GIRLS ARE MUCH MORE LIKELY TO BE SENTENCED TO LONGER CORRECTIONAL TERMS THAN BOYS, REFLECTING AN ANCIENT BELIEF THAT UNDESIRABLE BEHAVIOR STEMS FROM 'SEXUAL IMMORALITY' AND THAT SUCH GIRLS 'MUST BE INCARCERATED FOR THEIR OWN PROTECTION.' TABLES PRESENT SUPPORTING STATISTICS. SUCH DISCRIMINATION IS CALLED UNCONSTITUTIONAL.