NCJ Number
58001
Journal
Juvenile and Family Court Journal Volume: 30 Issue: 2 Dated: (MAY 1979) Pages: 49-55
Date Published
1979
Length
6 pages
Annotation
INTERPERSONAL AND INTERACTIVE FACTORS ARE VIEWED AS SOURCES OF BIAS IN THE DECISIONS OF JUVENILE JUSTICE AUTHORITIES IN THIS PORTRAYAL OF THE JUVENILE JUSTICE PROCESS AS A STRATEGIC GAME.
Abstract
IN GAME THEORY, A STRATEGIC SITUATION EXISTS WHEN TWO (OR MORE) PERSONS INTERACT AND NEITHER HAS TOTAL CONTROL OVER THE OUTCOMES VALUED BY THE OTHER. OUTCOMES ARE DETERMINED BY THE PARTICIPANTS' ATTEMPTS TO RECONCILE RISK AND OPPORTUNITY. THE JUVENILE DISPOSITION PROCESS IS A STRATEGIC GAME IN THAT DEFENDANTS AND OFFICIALS ATTEMPT TO NEGOTIATE A DISPOSITION WHEREIN BOTH SIDES INCUR THE LEAST RISK OF STATUS DEGRADATION. EXPERIENCED, INTELLIGENT, SOPHISTICATED YOUTHS ARE MORE LIKELY THAN OTHERS TO BE AWARE OF THE GAME AND TO UNDERSTAND HOW IT IS PLAYED. SUCH YOUTHS WILL BE ABLE TO ACCOUNT FOR THEIR BEHAVIOR AND DEPORT THEMSELVES IN WAYS THAT MAKE IT EASY FOR POLICE OFFICERS OR OTHER AUTHORITIES TO BE LENIENT WITHOUT RISKING DEGRADATION OF THEIR OWN STATUS. JUVENILE JUSTICE PLANNERS NEED TO ELIMINATE THE STATUS-RISK FACTOR IN JUVENILE JUSTICE DECISIONMAKING, BECAUSE OFFICIALS WHO FEAR LOSS OF STATUS MAY INVOLVE YOUTHS IN THE JUVENILE JUSTICE SYSTEM WHO DO NOT REALLY BELONG THERE. IN ADDITION TO ITS PROMINENT PART IN THE STRATEGIC GAME BETWEEN OFFICIALS AND DEFENDANTS, DEGRADATION RISK ALSO IS A PRINCIPAL MEANS BY WHICH SOME JUVENILES ACHIEVE AND MAINTAIN STATUS. JUVENILE JUSTICE PLANNERS SHOULD FIND WAYS TO INCREASE STATUS DEGRADATION FOR REPEAT OFFENDERS, THEREBY MAKING THEIR QUEST FOR STATUS THROUGH DEGRADATION RISK MORE RISKY. OPPORTUNITIES FOR JUVENILES TO GAIN STATUS LEGALLY SHOULD BE ENHANCED. DEGRADATION RISKS THAT ARE ILLEGAL SHOULD BE CLEARLY RISKY, AND POLICE DISCRETION SHOULD BE RESTRICTED WHEN IT CREATES NEW OPPORTUNITIES FOR JUVENILES TO ATTAIN STATUS BY RISKING DEGRADATION. (LKM)