NCJ Number
13749
Date Published
1972
Length
124 pages
Annotation
STUDY OF THE DECISION-MAKING PROCESS THAT OCCURS AFTER ARREST, BUT BEFORE THE COURT HEARING, IN A JUVENILE JUSTICE SYSTEM.
Abstract
THE JUVENILE COURT AS A CONTROL AGENCY WAS HYPOTHESIZED BOTH TO REDUCE ORGANIZATIONAL STRAIN AND TO CONTROL JUVENILE BEHAVIOR THROUGH BARGAINING. BASED ON THE PREMISE THAT FORMAL ORGANIZATIONS TEND TO BARGAIN WITH INPUT, THE FOLLOWING HYPOTHESES WERE FORMULATED BARGAINING BETWEEN THE JUVENILE COUNSELOR AND THE JUVENILE RESULTS IN LESS SEVERE SANCTIONS. BARGAINING BETWEEN THE JUVENILE'S LAWYER AND THE JUVENILE COUNSELOR RESULTS IN LESS SEVERE SANCTIONS. BARGAINING BETWEEN THE JUVENILE AND THE VICTIM RESULTS IN LESS SEVERE SANCTIONS. POSITIVE FAMILY REQUESTS WILL DECREASE THE SEVERITY OF SANCTIONS. JUVENILES FROM PROBLEM FAMILIES ARE SUBJECT TO MORE SEVERE SANCTIONS THEN JUVENILES FROM NON-PROBLEM FAMILIES. THE MORE SERIOUS OR FREQUENT THE DELINQUENT ACTS, THE MORE SEVERE THE SANCTION. THE MORE SERIOUS OR FREQUENT THE DELINQUENT ACTS, THE LESS LIKELY THE COUNSELOR TO BARGAIN. THE MORE SERIOUS OR FREQUENT THE PAST DELINQUENT ACTS, THE MORE SEVERE THE SANCTION. THE MORE SERIOUS OR FREQUENT THE PAST DELINQUENT ACTS, THE LESS LIKELY THE COUNSELOR TO BARGAIN. THE MORE SERIOUS OR FREQUENT THE PAST DELINQUENT ACTS, THE GREATER THE DELINQUENT'S INITIATION OF BARGAINS. IN ADDITION, AGE, SEX, RACE AND SOCIAL CLASS WERE USED AS CONTROL VARIABLES. THE DATA WERE COLLECTED IN 1971, DURING THREE MONTHS OF OBSERVATION OF PREHEARING INTERACTIONS IN A JUVENILE COURT SYSTEM. THE OBSERVATIONS WERE CODED FOR THE PRESENCE OR ABSENCE OF BARGAINING AND OTHER SALIENT FACTORS. THE DATA WERE ANALYZED USING STATISTICAL MEASURES OF ASSOCIATION. COUNSELOR BARGAINING AND RECOMMENDED DISPOSITIONS WERE CROSS-TABULATED WITH THE CONTROL VARIABLES AND CONTINGENT FACTORS TO AID IN INTERPRETING THE RELATIONSHIPS. DUE TO THE SMALL NUMBER OF CASES, MORE ELABORATE ANALYTIC TECHNIQUES WERE NOT APPLICABLE. THE FOLLOWING CONCLUSIONS WERE DRAWN FROM THE DATA ANALYSIS: 1. COUNSELORS INITIATED BARGAINS WITH JUVENILES AND THERE WAS A STRONG POSITIVE ASSOCIATION BETWEEN BARGAINING AND RECOMMENDED DISPOSITIONS. THE OCCURRENCE OF BARGAINING WAS LIMITED BY NUMEROUS FACTORS SO THAT IT WAS MORE LIKELY TO OCCUR IN INSTANCES IN WHICH THE JUVENILE PLEADED GUILTY, THE DELINQUENT ACT WAS RELATIVELY MINOR, THE FAMILY WAS THE PETITIONER AND THE ACCUSED HAD FEW PRIOR DELINQUENT ACTS. 2. THE JUVENILE SELDOM INITIATED BARGAINING AND HIS INITIATIONS HAD LITTLE IMPACT ON THE COUNSELOR'S RECOMMENDATIONS. 3. LAWYERS RARELY ATTENDED PREHEARING INTERVIEWS OR INITIATED BARGAINS WITH THE COUNSELORS. 4. THE VICTIMS SELDOM ATTENDED THE PREHEARING INTERACTION; HOWEVER, WHEN THE VICTIMS SUGGESTED LENIENT TREATMENT, THERE WAS CONSIDERABLE CHANCE THAT THE PETITION WOULD BE HANDLED UNOFFICIALLY. 5. THE FAMILY'S REQUEST HAD A SMALL POSITIVE RELATIONSHIP TO RECOMMENDED DISPOSITIONS AND COUNSELOR BARGAINING. 7. THE CONTINGENT FACTORS OF THE PLEA, SERIOUSNESS OF PRESENT DELINQUENT ACT(S) AND SERIOUSNESS OF PAST DELINQUENT ACT(S) WERE ALSO RELATED TO RECOMMENDATION AND BARGAINING. THE USE OF FREQUENCY AS AN INDICATOR OF SERIOUSNESS RESULTED IN A STRONGER ASSOCIATION THAN THE SELLIN AND WOLFGANG SERIOUSNESS SCALE. 8. THE CONTROL FACTORS OF AGE, SOCIAL CLASS AND RACE HAD NO APPARENT RELATIONSHIP TO THE RECOMMENDED DISPOSITION OR BARGAINING WHEN CONTROLS FOR SERIOUSNESS OF OFFENSE AND PAST HISTORY OF OFFENSE WERE USED. 9. THE USE OF SEX AS A CONTROL FACTOR INDICATED THAT FEMALES WERE TREATED LENIENTLY REGARDLESS OF BARGAINING. IN SUMMARY, THE HYPOTHESIZED RELATIONSHIP BETWEEN COUNSELOR BARGAINING AND RECOMMENDED DISPOSITION WAS SUPPORTED. HOWEVER, THIS WAS FELT TO BE ONLY ONE MEANS OF REDUCING ORGANIZATIONAL STRAIN AND OTHER ORGANIZATIONAL TECHNIQUES OF STRAIN REDUCTION WERE SUGGESTED. (AUTHOR ABSTRACT)