NCJ Number
56086
Journal
Juvenile Justice Volume: 28 Issue: 4 Dated: (NOVEMBER 1977) Pages: 15-18
Date Published
1977
Length
4 pages
Annotation
ARGUMENTS AGAINST A POSSIBLE SEPARATION OF JUDICIARY AND ADMINISTRATIVE FUNCTIONS OF THE JUVENILE COURT IN OREGON ARE PRESENTED.
Abstract
THIS ARTICLE ASSUMES THAT THE PRIMARY FOCUS OF JUVENILE PROBATIONARY SERVICES SHOULD BE DELINQUENT BEHAVIOR OF CHILDREN, AND, THEREFORE, COMMENTS ARE DIRECTED SPECIFICALLY TO THIS ISSUE. THE UNION OF THE JUDICIAL AND ADMINISTRATIVE FUNCTIONS OF THE JUVENILE COURT SYSTEM IS VIEWED BY ITS OPPONENTS AS NECESSARILY INJECTING COERCION INTO TREATMENT, PARTICULARLY COUNSELING. IN A ROGERIAN VIEW OF COUNSELING, PROGRESS DEPENDS PRIMARILY UPON THE MOTIVATION AND ARTICULATION OF CLIENTS AS THEY COME TO THEIR OWN INSIGHTS ABOUT THEIR PROBLEMS, NEEDS, AND BEHAVIOR. COERCION IS INCOMPATIBLE WITH THIS COUNSELING APPROACH, AND MANY EXPERTS PROPOSE SEPARATING THE JUDICIARY FROM THE COUNSELING FUNCTIONS IN ORDER TO CREATE AN ATMOSPHERE ESSENTIAL TO THE SUCCESS OF THE ROGERIAN PHILOSOPHY. SUCH REASONING FAILS TO RECOGNIZE THE FACT THAT MOST JUVENILES WITH WHOM THE COURTS DEAL ARE HIGHLY RESISTANT TO TREATMENT, SO THAT A DEGREE OF COERCION FROM THE COURT IS NEEDED TO INITIATE TREATMENT. SEPARATION OF THE ADMINISTRATIVE AND JUDICIARY FUNCTIONS OF THE JUVENILE COURT WOULD AFFECT COURTS ON A MANAGERIAL LEVEL, SINCE COUNSELING WOULD BE REMOVED FROM DIRECT SUPERVISION OF THE COURT, THUS REDUCING ACCOUNTABILITY FOR PROTECTING JUVENILES' RIGHTS. ALSO, THE JUVENILE DEPARTMENT WOULD NO LONGER FUNCTION AS A CORRECTION AGENCY UNDER THE COURT, BUT WOULD STILL LOOK TO THE COURT FOR ITS AUTHORITY TO WORK WITH CERTAIN CHILDREN. THIS CREATES A LARGER DICHOTOMY THAN THE ONE THAT ALREADY EXISTS. WHILE COMBINING TREATMENT AND COERCION REFLECTS PHILOSOPHICAL CONFLICTS, THERE APPEARS TO BE NO DISCERNABLE, PRACTICAL NEED FOR THE THEORETICAL RESOLUTION OF THIS CONFLICT. WHEN AN EXTREME CONFLICT ARISES, IT CAN BE HANDLED THROUGH THE INTERNAL ORGANIZATION OF THE AGENCY. (RCB)