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PSYCHOLOGICAL TESTING AND JUVENILE JUSTICE - AN INVALID JUDICIAL FUNCTION

NCJ Number
13485
Journal
Criminal Law Bulletin Volume: 10 Issue: 2 Dated: (MARCH 1974) Pages: 117-148
Author(s)
A SUSSMAN
Date Published
1974
Length
32 pages
Annotation
REVIEW OF IQ TESTS, THEIR ADMINISTRATION, AND EFFECTS OF SOCIAL AND ECONOMIC BACKGROUND ON TEST SCORES, CONCLUDING THAT THESE TESTS ARE DISCRIMINATORY AND SHOULD BE ABOLISHED.
Abstract
THE AUTHOR STATES THAT IQ TESTS ARE OFTEN THE BASIS FOR PLACEMENT OF JUVENILES IN NEGLECT OR DELINQUENCY CASES. SEVERAL IQ TESTS ARE REVIEWED, AND IT WAS FOUND THAT THEY WERE STANDARDIZED ON WHITE, MIDDLE-CLASS SUBJECTS. AS SUCH, THE AUTHOR STATES THAT THEY ARE NOT VALID FOR NON-WHITE, NON-MIDDLE-CLASS JUVENILES, AND THAT THEY OFTEN LEAD TO AN UNJUSTIFIED LOW SCORE FOR THESE GROUPS. HE CONTENDS THAT SUCH TESTS MAY VIOLATE THE 14TH AMENDMENT, AS THEY DISCRIMINATE AGAINST MINORITY OR LOWER SOCIO-ECONOMIC GROUPS. HE MAINTAINS THAT IQ SCORES SHOULD BE ABOLISHED IN FAMILY COURT. THE AUTHOR ARGUES THAT THE BURDEN SHOULD BE ON THE STATE TO JUSTIFY THE CRITERIA AND DIFFERENTIAL TREATMENT OF CHILDREN WITH LOW IQ SCORES, AND ARGUES THAT IT IS A CONSTITUTIONAL BURDEN THAT CANNOT BE MET. (AUTHOR ABSTRACT MODIFIED)