History Overtakes the Juvenile Justice System

1991 ◽  
Vol 37 (2) ◽  
pp. 204-224 ◽  
Author(s):  
Theodore N. Ferdinand

Many of juvenile justice's problems can be traced to the 19th century when parens patriae programs and facilities were established with little attention to their influence upon one another. As newer programs for status offenders were begun, older centers received mainly hardened delinquents, and their policies became more punitive. Without guidance or understanding whole systems grew punitive. A solution to this criminalizing of juvenile justice might entail a state-level department devoted to the treatment of delinquents in the community or in custodial facilities, and small facilities limited to 15-20 beds each, focusing on narrow segments of the delinquent population.

PEDIATRICS ◽  
1978 ◽  
Vol 62 (5) ◽  
pp. 697-697
Author(s):  
L. Harris

Today, when some critics of our juvenile-justice system are complaining that the system is incompetent in dealing with violent young criminals, other critics are complaining that it is showing amazing efficiency in locking up—often for long periods—troubled young people who have not been charged with committing any crime, violent or otherwise. Such young people, they point out, represent approximately forty per cent of the hundred thousand-odd children who will be sent to jail this year for at least twenty-four hours and of the twelve thousand who will be placed in juvenile-detention centers every day. These children, who are variously labelled Persons in Need of Supervision (PINS), Children in Need of Supervision (CINS), Juveniles in Need of Supervision (JINS), or Wayward Minors, depending on the state they live in, will be guilty of nothing more serious than being a burden or a nuisance. They are not juvenile criminals—they have committed no act for which an adult could be prosecuted. Mainly, they are children who are truant from school, who have run away from home, or whose parents (the majority of them poor) find them too difficult to manage. Under one name or another, the PINS judicial category is written into the laws of forty-one states, and children who are assigned to it occupy, according to one estimate, as much as forty-one per cent of the case load of juvenile courts.... Underlying all the state statutes [is] the doctrine of parens patriae drawn from English chancery law—that the court could act to resolve the problems of troubled children as if it were a parent.


1983 ◽  
Vol 29 (3) ◽  
pp. 333-364 ◽  
Author(s):  
Barry Krisberg ◽  
Ira Schwartz

Data on juvenile arrests, court processing, and admissions to juvenile correctional facilities offer important information to help rethink juvenile justice policy directions of the last decade. Most striking is the progress in reducing the involvement of status offenders within the juvenile justice system between 1974-1979. Less encouraging is that similar progress was not achieved in the case of delinquent offenders. Moreover, the primary consequence of the removal of status of fenders from the juvenile justice system is the large decline in female admissions to public correctional facilities whereas male admissions were either stable or actually increased from 1974-1979. Also interesting is the levelling off of rates of Part 1 juvenile arrests from 1974-1979: this directly contradicts public perceptions of a steady and alarming increase in serious youth crime.


1978 ◽  
Vol 24 (1) ◽  
pp. 59-71 ◽  
Author(s):  
Bruce Bullington ◽  
James Sprowls ◽  
Daniel Katkin ◽  
Mark Phillips

The increasingly zealous support today for diversion of youth from the juvenile justice system is a consequence of several widely held notions: ( 1) Traditional strategies for dealing with juvenile offenders have not worked; ( 2) informal diversion is used both widely and effectively now; and ( 3) the most humane treatment of troubled youth is based upon the parens patriae philosophy of justice. Yet, the authors contend, diversion may be seen as potentially dangerous and harmful, and they present several arguments against expansion of diversionary services: (1) The concept's ambiguity allows many to promote expansion of the juvenile justice system in the form of diversion "to" other programs, while true diversion "from" the system is nonexistent; ( 2) the goals of diversionary programs-such as elimination of stigmatizing labels and formal duplica tion of existing informal processes-are unattainable; ( 3) formal diversion is incompatible with due process ideals. Until these difficulties have been resolved, diversionary options should be viewed with caution.


1980 ◽  
Vol 26 (1) ◽  
pp. 42-62 ◽  
Author(s):  
Rosemary Sarri ◽  
Patrick W. Bradley

Diversion and other alternatives to juvenile court processing are being used increasingly in many countries. Juvenile aid panels were developed and implemented in South Australia as a part of the 1971 revised Juvenile Courts Act. Findings from the study of a five-year cohort of youths pro cessed through the juvenile aid panels and the juvenile court are presented and analyzed. The findings indicate that the rate of reappearance of youths processed through the panels was essentially similar to that of youths processed through the court. Thus, as far as the criterion of re cidivism is concerned, this more benign and less stigmatizing mechanism is at least as effective as court processing. Panels were not successful in removing all minor and status offenders from processing in the court, nor were the numbers of cases processed by the court reduced as a result of the panels. Quite the opposite—the entire juvenile justice system grew rapidly during this five-year period, largely because of increased numbers pro cessed by the panels.


1982 ◽  
Vol 15 (2) ◽  
pp. 109-122 ◽  
Author(s):  
Linda Hancock ◽  
Meda Chesney-Lind

Females are treated differently from males in the juvenile justice system. While the majority of males appear in juvenile court on charges of illegal behaviour, most females appear on “status offence” grounds, that is, for behaviour that only juveniles under a particular age can be brought to police or court attention. Females charged on moral or status offences are treated more harshly than males. However, when they are charged with illegal behaviour, females are treated more leniently which is appropriate, since delinquent girls are generally involved in less serious criminal behaviour than boys. In principle, the juvenile court was set up to protect juveniles and, by giving wide powers of discretion to law enforcers, to facilitate decisions in young offenders' best interests. In practice, particular categories of youth are treated more harshly than others. Evidence indicates that those females appearing on status offence charges (often from socially and economically disadvantaged backgrounds) are discriminated against on the basis of their sexual behaviour. This paper describes the present situation and outlines the failures of attempts at legislative changes in the definition and processing of juvenile status offenders in the United States and Australia. These examples show that the double standard of juvenile justice is international; not simply an artifact of one nation's court system. Treating status offence problems within a criminal justice system has destructive and damaging effects which may only intensify the problems from which such youth are ostensibly being protected.


2016 ◽  
Vol 44 (3) ◽  
pp. 476-500
Author(s):  
Max Felker-Kantor

Over the course of the 1970s, liberal and conservative officials in Los Angeles worked to reform a juvenile justice system they believed to be too lenient on children and teenagers who committed crimes. They intended for diversion programs, vocational training, and rehabilitation measures to complement punitive approaches of surveillance, arrest, and incarceration. By posing rehabilitation as complementary to imprisonment, liberal officials contributed to the development of a dual system of juvenile justice. As a result, the carceral state extended beyond the formal criminal justice system and into a range of other institutions, such as schools and social welfare agencies. The two-tiered system, however, also drove the criminalization of black and Latino youth by focusing punishment on them. In contrast to white suburbanites, who were treated as status offenders, black and Latino kids and teenagers received juvenile criminal and court records and increasingly came into contact with an expanded juvenile justice system over the course of the 1970s.


1977 ◽  
Vol 10 (3) ◽  
pp. 133-151 ◽  
Author(s):  
Wolfgang L Grichting

The handling of status offenders is reviewed in the context of the historical development of juvenile justice in this country. Discrepancies between the legal code and the actual practice are noted and discussed in the light of present tendencies and likely developments concerning status offenders. On the basis of a nationally representative sample of 1467 juvenile offenders a procedure is developed to estimate the actual number of status offenders committed to public correctional facilities in the nation as a whole and in the 48 contiguous states. These estimates are correlated with a battery of socio-demographic factors. The analysis suggests that the phenomenon of status offenders is mainly a problem of the modern way of life characterized by urbanization, industrialization, and affluence. Some policy recommendations are the natural result of the present analysis. The noble intention of the justice system to exempt minors from the full force of criminal law ironically has resulted in one of the worst legal situations on record (Platt, 1969; Mattick and Aikman, 1969; Sarri, 1974). In 1899 Illinois became the first state to enact a juvenile court act, and within thirty years all but two states had followed suit by drafting special juvenile statutes designed to eliminate formal procedures and stigmatizing labels for minors and to emphasize individual treatment on the basis of parens patriae ideologies. Since the juvenile justice system was intended strictly for the protection and well-being of the youth, neither procedural guidelines nor jurisdictional boundaries were thought necessary for inclusion in juvenile statutes (Levin and Sarri, 1974). The lack of such regulations as well as extensive misconceptions of the goals of the reformers have resulted in a most tragic overreach by the juvenile justice system: the presumed or actual possession of jurisdiction over status offenders (Lemert, 1970). A status offender is commonly defined as a minor who engages in conduct which would not result in a criminal charge if committed by an adult. Typical examples of such conduct are “truancy”, “running away”, “using profanity”, “growing up in idleness”, and “incorrigibility”. These examples make clear that status offenses refer to both violation of specific ordinances and to general character or personality shortcomings and disorders. The indiscriminate handling of status offenders thus not only offends our sense of justice but also invites serious questioning of the efficacy of the present approach to cope with status offenders. In short, an institution designed to protect the most vulnerable population — the nation's youth, that is — has turned into a formal procedure by the system in which “the child is least helped and most abused” (Orlando, 1975). The failure to distinguish between status offenses and violations of penal laws by minors has resulted in jammed pretrial detention centers, inadequate and perfunctory court processing, and oversized correctional facilities crowded with status offenders and serious delinquents (including murderers) together. Thus immeasurable damage is inflicted upon youth at an absolutely forbidding cost to society at large. For these reasons the handling of status offenders should be removed from the juvenile justice system and be entrusted to a special service organization which does not have judicial power over its clients. Recent Supreme Court decisions have begun to move in this direction, 1 but few states thus far have successfully incorporated this development into the juvenile statutes, and no state has fully implemented the rulings issued by the highest court in this land. In this paper an attempt is made (1) to review the statutory distinctions and disposition differences concerning status offenders and juvenile delinquents, (2) to estimate the number of detained status offenders as a percentage of all the youth committed to public correctional facilities, 2 and (3) to examine some structural correlates of the forty-eight contiguous states which might explain the differences in the proportion of status offenders detained in public correctional facilities.


2018 ◽  
Vol 7 (2) ◽  
pp. 449-459
Author(s):  
PAN, LINDAWATY SUHERMAN SEWU ◽  
HENNY NURAENY ◽  
AI PERMANASARI ◽  
YOHANES HERMANTO SIRAIT

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