Alcohol and Drug Offenders in the Juvenile Justice System: Are There Differentials in Handling?

1982 ◽  
Vol 12 (1) ◽  
pp. 89-102 ◽  
Author(s):  
Charles F. Frazier ◽  
Roberto Hugh Potter

The American stance on law and control policy relating to alcohol and drug use has been replete with vacillations. Decriminalization and treatment oriented responses have emerged alongside continued support for laws calling for stiffer penalties and stepped up enforcement. In this situation, concern has grown over the possibilities that liberal legislation is subverted in actual practice to serve other purposes. It is feared offenders may be coerced into alternative sentences in the name of treatment and that such treatments may ultimately be more restrictive than traditional punitive dispositions. The present study examines the dispositions of juvenile offenders at three levels in the justice system. Alcohol and drug of fenders are compared to other offender types. Our data show no significant differentials in the severity of disposition alcohol and drug offenders receive. Moreover, the data show that youths violating drug and alcohol statutes are no more likely than other offender types at the same level of offense seriousness of being coerced into treatment programs.

Author(s):  
Michaela Soyer

Chapter 3 focuses on the youths’ experiences of the punitive and rehabilitative aspects of juvenile justice. This chapter contextualizes depictions of inner-city men as being subject to top-down control mechanisms within a range of alternatives. Left without any support from the juvenile justice system, poverty and violence are as limiting as constant supervision and control.


2011 ◽  
Vol 19 (2) ◽  
pp. 271-293 ◽  
Author(s):  
Robert Kwame Ame

AbstractIn a country where implementing children's rights in general remains a major challenge, the idea of according rights to children in conflict with the law can be a daunting task. With too many other children's problems to deal with such as the millions of street children and child laborers, female circumcision, and sexual violence against female children, the needs and rights of juvenile offenders could easily be relegated to the bottom of the government's priorities for children. Nonetheless, by virtue of ratifying the UNCRC in 1990, Ghana has made a commitment to address the needs and respect the rights of children in Ghana including its juvenile offenders. Thirteen years after ratifying the CRC, the Ghanaian Parliament passed the Juvenile Justice Act 2003 (Act 653). What rights does the Act accord children in conflict with the law? Do the policies and practices of the new juvenile justice system measure up to the standards of the Convention? These are the key questions addressed in this paper. The paper concludes that vis a vis the CRC, the new Juvenile Justice Act looks good on paper but argues that there is a colossal gap between policy and practice. The paper ends with suggestions on how to effectively protect the rights of children in conflict with the law.


Author(s):  
Marie Dumollard

This article examines the support provided by Quebec’s juvenile justice system for young people classified as offenders who transition to adulthood and who are in open custody. Analyzing life-course narratives of these young people, it highlights the paradoxical nature of penal interventions that, vacillating between support and control, simultaneously enable and constrain the development of autonomy. Faced with restrictive and contradictory institutional regulations, young people adapt their relationship to socio-judicial services by adopting three types of attitude.


2018 ◽  
Vol 45 (8) ◽  
pp. 1252-1268 ◽  
Author(s):  
Lesley Zannella ◽  
Jennifer Eno Louden ◽  
Patrick Kennealy ◽  
Tamara Kang

The Massachusetts Youth Screening Inventory-Second Version (MAYSI-2) has been widely adopted by juvenile justice agencies to identify adolescents in the juvenile justice system who have a mental disorder. Despite this, evidence of the ability of the MAYSI-2 to generalize across different ethnic groups is limited. Because Latinos are overrepresented in the juvenile justice system, we examined the psychometric properties of each subscale in a sample of 472 Latino juvenile offenders using confirmatory factor analyses (CFA), Pearson’s correlation coefficients, and simple linear regressions. The CFA models suggest adequate fit for Latino youth, and the correlations and regressions show strong convergent validity with the K-SADS-PL for a number of MAYSI-2 subscales, lending support to the generalizability of the MAYSI-2 to Latino adolescents. These results may be particularly beneficial for juvenile justice system administrators who render mental health treatment recommendations for youth offenders of different ethnicities.


1999 ◽  
Vol 33 (01n02) ◽  
pp. 87-96
Author(s):  
铁荣 卢

香港的刑事责任年龄是七岁,即七岁以下的儿童,是不会被推定为有罪。这刑责年龄是国际标准上最低之一。近日本地的法律改革委员会建议将它提高至十岁,香港儿童权利委员会更建议以十四岁为刑责年龄。提高刑责年龄的后果,是所有在法定刑责年龄以下的违法少年都不再需要负法律责任,他们不需要经警司警诫或司法审讯,极其量只能由少年法庭引用保护令来保护他们。本文讨论影响青少年犯罪的三种重要因素,现时处理违法少年的方法,和在研究提高刑责年龄的可行性时,在少年司法制度中需要考虑的因素,特别是在没有彻底改善现行的少年司法制度时,广泛地运用保护令所带出之问题,最后建议一些处理方法。 In Hong Kong, the age of criminal responsibility is seven, i.e. any person aged below seven shall not be convicted of a crime. This age is one of the lowest in the world. Recently, the Law Reform Commission has recommended to raise the age to ten; the Committee on Children's Rights even suggested raising it to 14. If the age of criminal responsibility is to be raised, juvenile offenders would no longer be cautioned by the police or prosecuted in the juvenile court, although care or protection order can be granted o them. This article outlines the major factors affecting juvenile crimes and the current methods in handling juvenile offenders. It also identifies several crucial factors for consideration, in particular the negative effect of using care or protection order when no substantial improvement in the juvenile justice system has been made, if the age of criminal responsibility is to be raised. Several recommendations to improve the juvenile justice system are highlighted too.


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.


2016 ◽  
Vol 16 (1) ◽  
pp. 77-96 ◽  
Author(s):  
Stephen M. Cox ◽  
Peter Kochol ◽  
Jennifer Hedlund

Despite an abundance of research on serious and violent juvenile offenders, few studies have linked juvenile offending career categories to juvenile court risk assessments and future offending. This study uses juvenile court referrals and assessment data to replicate earlier categorizations of serious, violent, and chronic offenders; to examine risk and protective score differences across these categories; and to assess whether risk and protective score constructs differentially predict adult criminality across these offender categories. Based on a sample of 9,859 juvenile offenders who aged out of Connecticut’s juvenile justice system between 2005 and 2009, we found that (1) our categorization of juvenile career types mirrored earlier work, (2) comparing risk and protective factors across and within juvenile career types identified distinct patterns, and (3) the juvenile risk and protective assessment subscales were not predictive of adult arrests for chronic offenders but were predictive for nonchronic juvenile career types.


2015 ◽  
Vol 79 (3) ◽  
pp. 211-228 ◽  
Author(s):  
Zia Akhtar

The UK government has decided on a policy goal that is set out in the Criminal Justice and Courts Bill 2014. This goal is to invest in ‘Secure Colleges’, which are institutions planned to make young criminals ‘better citizens not better criminals’. The question is: What is the role of punishment: deterrence, incapacitation or rehabilitation? This article considers the juvenile justice system in Scotland with reference to the objectives set out in the Kilbrandon Report in 1964 and evaluates the perspective of early criminologists who state that offenders exercise a free choice in embarking on a life of crime. It is also evaluated in the light of those empirical studies that expose the harsh discipline and control in prisons as ‘oppressive’ and not likely to reform the offenders. The UK policy regarding young offenders underwent a change after the James Bulger murder in 1993 and became a deterrence-based approach. This has led to measures on both sides of the border which were retributive, such as the lowering of the age of criminal responsibility and the early intervention of probation services. This article considers the modern themes of juvenile justice and argues that the ‘Secure Colleges’ will be a corrective institution that should inculcate a more informed policy towards reintegration for the young offenders so that they emerge from the criminal justice system as improved citizens after completing their sentence.


1976 ◽  
Vol 22 (4) ◽  
pp. 428-437 ◽  
Author(s):  
Richard J. Lundman

This paper describes diversion from the juvenile justice system, among the newest of the strategies adopted to prevent and control delinquent behavior; specifies the sociological origins of diversion programs, with special attention to the symbolic interactionist tradition, labeling theory, and labeling research; and considers certain problems and implications of diversion programs. The essential conclusion drawn is that diversion will probably not reduce recidivism or correct existing abuses.


Temida ◽  
2010 ◽  
Vol 13 (3) ◽  
pp. 41-55
Author(s):  
Vesna Stefanovska

Restorative justice is a new, different response to crime, response that offers and tries to establish justice again. Not going into aims, impact and basic principles of restorative justice, as well as into substance of different restorative practices, in this article we will concentrate on restorative interventions that lead to avoidance of the formal justice system. Concretely, we will analyze the role of the police in applying restorative interventions in the juvenile justice system. Particular emphasis will be put on the meaning and the aim of diversion procedures towards juvenile offenders that have committed minor offences and more serious ones for which they come in conflict with the law. In the foreign expert literature the concept of restorative policing is recognized (restorative approach in police conduct), as an attempt to introduce a new reform in performing police affairs. This subject should be approached very carefully and fundamentally, if we want consistent implementation of the new tendency and practices in the juvenile justice systems in accordance with the international standards.


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