NCJ Number
65998
Journal
Bulletin of the American Academy of Psychiatry and the Law Volume: 6 Issue: 2 Dated: (1978) Pages: 154-175
Date Published
1978
Length
22 pages
Annotation
IN REVIEWING TRENDS IN JUVENILE JUSTICE DURING THE 20TH CENTURY, THE ARTICLE CONCLUDES THAT REFORMERS SHOULD REFOCUS ON THE TRADITIONAL CONCEPT OF PROTECTING THE CHILD AND NOT CONCENTRATE ON NARROW INTERESTS.
Abstract
EARLY REFORMERS WHO SOUGHT TO PROTECT AND REHABILITATE THE DELINQUENT CHILD DID NOT FORESEE THE RELEGATION OF JUVENILE COURTS TO AN INFERIOR STATUS, EXPANSION OF URBANISM AND RACISM, AND WIDESPREAD DISILLUSIONMENT WITH GOVERNMENT. THE TRADITIONAL JUVENILE COURT SYSTEM BECAME INSENSITIVE TO CHILDREN OF OTHER CULTURES BUT PRESCRIPTIONS FOR REFORM HAVE FAILED TO ATTACK BASIC BARRIERS TO JUVENILE JUSTICE SUCH AS DISCRIMINATION. JUVENILE COURTS HAVE BEEN CRITIZED FOR BEING TOO PERMISSIVE AND NOT PROTECTING THE COMMUNITY, AS WELL AS FOR BEING REPRESSIVE IN DENYING DUE PROCESS RIGHTS. THE BROWN AND GAULT SUPREME COURT DECISIONS CONSTITUTE THE CORNERSTONE OF A NEW JUVENILE JUSTICE STRUCTURE, BUT THIS PROGRESS HAS BEEN ENDANGERED BY THE BURGER COURT. REFORMERS HAVE INCORRECTLY ASSUMED THAT FORMALITY, DUE PROCESS, AND FIXED PENALTIES ASSURE GREATER JUSTICE, BUT THESE APPROACHES ALSO DENY CHILDREN BENEFITS OF JUDICIAL DISCRETION. CODES WHICH RESTRICT INTERVENTION IN NEGLECT AND ABUSE CASES ARE INADEQUATE TO PROTECT POOR CHILDREN. MEDICAL APPROACHES TO DELINQUENT TREATMENT HAVE BEEN DISCARDED AS INEFFECTIVE, ALTHOUGH SOME PROFESSIONALS ARE AGAIN CONCERNED WITH PATTERNS OF MENTAL AND PHYSICAL DISABILITIES IN CHILD OFFENDERS. CURRENT REFORM MOVEMENTS EMPHASIZE DEINSTITUTIONALIZATION, DIVERSION, AND DETENTION. HOWEVER, WHILE PUBLIC RHETORIC APPROVES THESE TACTICS, THE PROCESS OF RECRIMINALIZATION AND INCREASED INSTITUTIONALIZATION OF JUVENILES IS EXPANDING. SINCE DIVERSION HAS BEEN TARGETED TOWARD STATUS OFFENDERS, DELINQUENTS BECOME LABELED AS INCAPABLE OF REHABILITATION AND DENIED OTHER SERVICES. CHILD ADVOCATES AT THE COMMUNITY LEVEL HAVE DEVELOPED AS A POLITICAL FORCE TO CHALLENGE SYSTEMS THAT ARE HARMFUL TO CHILDREN. SINCE THE 1930'S, JUVENILE JUSTICE HAS SHIFTED FROM A CONCERN WITH JURISPRUDENCE TO FOCUS ON PRAGMATIC PRESCRIPTIONS FOR SPECIFIC PROBLEMS. HOPEFULLY, THIS APPROACH WILL BE JOINED BY CREATIVE EFFORTS USING LAW AND LEGAL INSTITUTIONS TO MEET THE NEEDS AND RESPECT THE RIGHTS OF CHILDREN AND YOUTHS. FOOTNOTES AND REFERENCES ARE PROVIDED. (MJM)