NCJ Number
66166
Journal
Child Welfare Volume: 59 Issue: 3 Dated: (MARCH 1980) Pages: 131-144
Date Published
1980
Length
14 pages
Annotation
THIS ARTICLE REVIEWS AND RESPONDS TO CRITICAL RECOMMENDATIONS MADE BY THE JOINT COMMISSION ON JUVENILE JUSTICE STANDARDS BASED ON ITS COMPREHENSIVE STUDY OF THE AMERICAN JUVENILE JUSTICE SYSTEM.
Abstract
THE RECOMMENDATIONS WERE BASED ON AN EXTENSIVE SURVEY BY THE COMMISSION WHICH POINTED TO ONE OBJECTIVE--THE OVERHAUL AND RECONSTRUCTION OF EVERY COMPONENT OF THE UNITED STATES JUVENILE JUSTICE SYSTEM. THE COMMISSION WAS ESTABLISHED BY THE INSTITUTE OF JUDICIAL ADMINISTRATION AND THE AMERICAN BAR ASSOCIATION AND WAS COMPOSED OF JUDGES, SOCIAL SCIENTISTS AND SOCIAL WORKERS WHO, OVER A 5-YEAR PERIOD, PRODUCED 24 VOLUMES OF ANALYSIS AND CRITICISM COVERING EVERY FACET OF THE JUVENILE JUSTICE SYSTEM. THE COMMISSION'S BASIC PREMISE WAS THAT RADICAL CHANGE IS NEEDED. ITS RECOMMENDATIONS BREAK WITH TRADITION AND CURRENT PRACTICE IN SIX FUNDAMENTAL AREAS: THE REJECTION OF THE TREATMENT OR REHABILITATION MODEL IN THE COURT SYSTEM, THE ELIMINATION OF THE JUVENILE COURTS AS A DISCRETE UNIT AND ITS INTEGRATION WITH THE ADULT COURT, THE CHANGE FROM THE INDETERMINATE TO THE DETERMINATE SENTENCE, THE REMOVAL OF STATUS OFFENDERS FROM COURT JURISDICTION, THE REDUCTION IN THE AUTHORITY OF THE COURT TO INTERVENE IN CASES OF ABUSE AND NEGLECT, AND THE PHASING OUT OF CORRECTIONAL INSTITUTIONS AND TRAINING SCHOOLS WITH ALTERNATIVE COMMUNITY-BASED FACILITIES AND METHODS OF CARE BEING SUBSTITUTED. ALTHOUGH THERE IS MUCH TO COMMEND IN THESE CONCLUSIONS, RADICAL CHANGES IN AUSPICES, STRUCTURE, AND PARTICULARLY IN PHILOSOPHY DO NOT CONSTITUTE A SOUND ROUTE TO REFORM. RECOMMENDATIONS FROM THE COMMUNITY SERVICE SOCIETY OF NEW YORK (CSS) AND THE AMERICAN PSYCHIATRIC ASSOCIATION (APA) OFFER A SOUNDER BASIS FOR SERIOUS CONSIDERATION. NEITHER WOULD ABANDON THE TREATMENT OR REHABILITATION MODEL. THEIR PROPOSALS INCLUDE CONTENT OF SUCH BASIC AND FAR-REACHING IMPORTANCE IN PHILOSOPHY, PRACTICE AND ADMINISTRATION CONCERNING CHILD WELFARE SERVICE AND THE JUVENILE SYSTEM THAT THEY CAN ILL AFFORD TO BE IGNORED. CHILD WELFARE AGENCIES ALSO SHOULD OFFER ASSISTANCE TO LEGISLATIVE BODIES TO FACILITATE THE PROCESS OF ANALYZING, CLARIFYING AND REACHING SOME CONCLUSIONS ON THE MAJOR RECOMMENDATIONS OF BOTH THE COMMISSION AND OTHER GROUPS. REFERENCES ARE CITED. FOR A RELATED ARTICLE, SEE NCJ 66167.