Utilization of Discretionary Justice in Juvenile Cases (From Serious Habitual Offender/Drug Involved Program (SHO/DI), Volume 1: Informational Commentaries, Phase I, 1986, P 12.1-12.8, Robert O Heck et al -- See NCJ-108314)

• NCJ Number: 108326
• Author(s): R O Heck; W Pindur; D K Wells
• Date Published: 1986
• Length: 8 pages
• Corporate Author: US Dept of Justice
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: For microfiche, see NCJ-108314.

Annotation

Discretionary decisions about juvenile case management and disposition are made at every level of the juvenile justice system: police, prosecutors, courts.

Abstract

While the discretion built into the system was meant to be beneficial to the youth involved, it has not been beneficial to the victims or the community. Further, juveniles are quick to learn that there are very few real sanctions against criminal activity. The current handling of juvenile offenders also serves as a model for other youths. If the system more effectively handled serious and habitual delinquents, crime would not be so attractive to younger juveniles. In 1981, a third of juveniles arrested were released without referrals of any kind. Approximately 58 percent were sent to juvenile court, and only 5 percent were waived to criminal court. While informal processes, discretion, and diversion seek to protect youth, they fail to recognize the basic incompatibility of informality and justice. 6 endnotes.