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DECISION PROCESS IN CHILDREN'S COURT AND THE SOCIAL BACKGROUND REPORT

NCJ Number
19247
Journal
Journal of Research in Crime and Delinquency Volume: 12 Issue: 1 Dated: (JANUARY 1975) Pages: 17-29
Author(s)
J KRAUS
Date Published
1975
Length
13 pages
Annotation
THIS STUDY ASSESSED THE WEIGHT GIVEN TO SOCIAL BACKGROUND REPORTS IN THE DECISION-MAKING PROCESS OF SENTENCING JUVENILE MALE OFFENDERS RELATIVE TO THE IMPORTANCE OF OTHER INFORMATION AVAILABLE TO THE MAGISTRATES.
Abstract
INFORMATION WAS GATHERED FROM COURT RECORDS OF THE CASES IN WHICH SENTENCES WERE PASSED IN THE CHILDREN'S COURT IN NEW SOUTH WALES DURING A TWO YEAR PERIOD (1969-1971). BAYES' THEOREM WAS USED AS A MATHEMATICAL ANALOG OF THE PROCESS. IT WAS FOUND THAT, IN SENTENCING, MOST WEIGHT IS ATTACHED TO CHILD WELFARE OFFICER'S RECOMMENDATION. WHEN NO RECOMMENDATION IS MADE, THE GREATEST WEIGHT IS CARRIED BY THE NUMBER OF THE OFFENDER'S PREVIOUS COURT APPEARANCES. NEXT IN IMPORTANCE ARE THE NUMBER OF CURRENT CHARGES, TYPE OF OFFENSE, THE OFFENDER'S PLEA, HIS AGE, AND NUMBER OF PREVIOUS CHARGES, IN THAT ORDER. OF LEAST IMPORTANCE ARE THE LOCATION OF THE COURT, CIRCUMSTANCES OF OFFENDER'S CURRENT RESIDENCE, AND TYPES OF PREVIOUS SENTENCE. APART FROM THE SOCIAL BACKGROUND REPORT RECOMMENDATIONS, IN SPECIFIC SENTENCING DECISIONS THE NUMBER OF PREVIOUS COURT APPEARANCES IS MOST WEIGHTY IN COMMITTAL TO AN INSTITUTION AND IN ADMONISHMENT; OFFENDER'S PLEA AND CIRCUMSTANCES OF RESIDENCE CARRY MOST WEIGHT IN ADMONISHMENT; AGE WAS AN IMPORTANT FACTOR IN FINES; AND TYPES OF PREVIOUS SENTENCE WERE IMPORTANT TO DECISIONS INVOLVING COMMITTAL TO AN INSTITUTION. THE FINDINGS WERE DISCUSSED CRITICALLY. (AUTHOR ABSTRACT MODIFIED)