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UNEQUAL PROTECTION FOR MALES AND FEMALES IN THE JUVENILE COURT (FROM JUVENILE DELINQUENCY - LITTLE BROTHER GROWS UP, 1977 BY THEODORE N FERDINAND - SEE NCJ-44943)

NCJ Number
44946
Author(s)
S K DATESMAN; F R SCARPITTI
Date Published
1977
Length
19 pages
Annotation
THE EFFECTS OF SEX AND RACE UPON JUVENILE DISPOSITIONS ARE EXAMINED IN A STUDY OF 1,103 JUVENILES IN AN UNIDENTIFIED EASTERN STATE DURING A 7-MONTH PERIOD.
Abstract
THE DATA INDICATE THAT THE FAMILY COURT MAKES LESS SEVERE DISPOSITIONS AGAINST FEMALE JUVENILES THAN AGAINST MALES WHEN THEY ARE INVOLVED IN A CRIMINAL OFFENSE BUT MORE SEVERE DISPOSITIONS AGAINST FEMALES THAN MALES WHEN THEY ARE INVOLVED IN A NONCRIMINAL STATUS OFFENSE, ESPECIALLY WHEN THEY HAVE A PRIOR OFFENSE RECORD. THIS PATTERN HOLDS FOR BOTH BLACKS AND WHITES. HOWEVER, THE COURT TENDS TO GIVE MORE SIMILAR DISPOSITIONS TO BLACK MALES AND FEMALES THAN TO WHITE MALES AND FEMALES WHEN THE OFFENSE IS CRIMINAL. AMONG STATUS OFFENDERS, BLACK MALES RECEIVE THE MOST LENIENT TREATMENT WHILE WHITE FEMALES WHO ARE REPEAT OFFENDERS RECEIVE THE MOST SEVERE TREATMENT. THE FINDINGS SUGGEST THAT THE JUVENILE COURT HAS UTILIZED ITS DISCRETIONARY POWER IN THE SERVICE OF TRADITIONAL SEX ROLES. JUDGES, WHO ARE USUALLY MEN, MAY REGARD THE CRIMINAL ACTS COMMITTED BY FEMALE JUVENILES LESS SERIOUSLY THAN THOSE COMMITTED BY THEIR MALE COUNTERPARTS AND MAY BE MORE RELUCTANT TO DEAL HARSHLY WITH THEM. HOWEVER, SEX ROLE DEFINITIONS MAY WORK TO THE DISADVANTAGE OF FEMALE JUVENILES REFERRED TO COURT FOR STATUS OFFENSES, USUALLY IMPLYING SEXUAL DELINQUENCY. SINCE GREATER MORAL CENSURE IS ATTACHED TO FEMALE JUVENILES INVOLVED IN SEX-RELATED OFFENSES THAN TO MALES, JUDGES MAY FEEL THAT GREATER LEGAL CENSURE IS WARRANTED AS WELL. THE AUTHORS CONCLUDE THAT THE JUVENILE COURT APPEARS TO BE LESS CONCERNED WITH THE PROTECTION OF FEMALE OFFENDERS THAN THE PROTECTION OF THE SEXUAL STATUS QUO. SUPPORTING DATA AND REFERENCES ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED).