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CONFERRING THE DELINQUENT LABEL - THE RELATIVE IMPORTANCE OF SOCIAL CHARACTERISTICS AND LEGAL FACTORS IN THE PROCESSING OF JUVENILE OFFENDERS

NCJ Number
32201
Author(s)
L E COHEN
Date Published
1974
Length
328 pages
Annotation
A STUDY OF 5,695 JUVENILE CASES IN DENVER UNDERTAKEN TO DETERMINE THE EXTENT TO WHICH THE SOCIAL BIOGRAPHIES AND ATTRIBUTES OF JUVENILES, AS OPPOSED TO 'LEGALLY RELEVANT' VARIABLES ACCOUNT FOR VARIATIONS IN DISPOSITION SEVERITY.
Abstract
THIS RESEARCH CONFRONTS CRITICAL THEORETICAL AND MORAL QUESTIONS ABOUT THE OPERATION OF THE CRIMINAL JUSTICE SYSTEM. IN PARTICULAR IT ATTEMPTS TO DETERMINE WHETHER CERTAIN KINDS OF BIASES OPERATE IN DECIDING THE FATE OF THOSE ACCUSED OF JUVENILE OFFENSES. IN RECENT YEARS POWERFUL CONDEMNATIONS HAVE BEEN DIRECTED AT THE ADMINISTRATION OF JUVENILE JUSTICE BY SOCIOLOGISTS WORKING FROM MARXIST ASSUMPTIONS. THEY ARGUE THAT CERTAIN CATEGORIES OF YOUNG PEOPLE ARE DISCRIMINATED AGAINST BY THE SYSTEM. IN PARTICULAR THEY CHARGE THAT MINORITY YOUTH, THOSE FROM LOWER CLASS FAMILIES, FEMALES, AND OTHER 'LESS POWERFUL' SOCIAL CATEGORIES ARE DELT WITH MORE HARSHLY. IN THIS STUDY 5,695 JUVENILES AGAINST WHOM A COMPLAINT OF JUVENILE DELINQUENCY WAS BROUGHT IN DENVER DURING 1972 WERE EXAMINED. POLICE, PROBATION, AND JUVENILE COURT RECORDS WERE CODED TO PERMIT STUDY OF THE PROCESS BY WHICH SENTENCES WERE ASSIGNED. BY EMPLOYING EXTENSIVE AND COMPLEX STATISTICAL TECHNIQUES THE AUTHOR IS ABLE TO DEMONSTRATE QUITE CONCLUSIVELY THAT CHARGES OF BIAS AGAINST CERTAIN POWERLESS GROUPS ARE NOT SUSTAINED. SERIOUSNESS OF OFFENSE AND PRIOR OFFENSE RECORD WERE THE OVERWHELMING DETERMINATES OF COURT ACTION. TO THE EXTENT THAT SOCIAL CHARACTERISTICS DID PLAY AN EVEN MINIMAL ROLE, EFFECTS WERE OPPOSITE THOSE POSTULATED BY MARXIST CRITICS. FOR EXAMPLE, FOR THE SAME OFFENSE AND WITH THE SAME PRIOR RECORD, YOUTHS FROM AFFLUENT HOMES RECEIVED MORE SEVERE SENTENCES. (AUTHOR ABSTRACT)