NCJ Number
58354
Date Published
1975
Length
51 pages
Annotation
THE MELBOURNE AUSTRALIA, CHILDREN'S COURT AND ITS PROCEDURES WERE EXAMINED TO DETERMINE THEIR NATURE AND EFFECTIVENESS IN THIS 8-WEEK OBSERVATION STUDY.
Abstract
CASES INVOLVING A TOTAL OF 286 YOUNG OFFENDERS MOSTLY NATIVE BORN WERE OBSERVED. AVERAGE AGE OF THE OFFENDERS WAS 15.1 YEARS, AVERAGE FAMILY SIZE WAS 4.4 CHILDREN. DRESS AND MANNER WERE EXCLUDED FROM CONSIDERATION BECAUSE OF DIFFICULTY IN CATEGORIZING OBSERVATIONS. SEVERAL CASES ALSO INDICATED THAT THE COURT'S PHYSICAL LAYOUT AND PROCEDURAL INFORMALITY SOMETIMES CREATED CONFUSION AMONG JUVENILE OFFENDERS AND THEIR FAMILIES. OVER THREE-FIFTHS OF THE OFFENSES WERE LARCENIES, BREAKING AND ENTERING, AND MOTOR VEHICLE OFFENSES. THE AVERAGE DELAY BETWEEN COMMITTING THE OFFENSE AND APPEARING IN COURT WAS 11 TO 12 WEEKS, BUT SOME DELAYS WERE ALMOST A YEAR. A TOTAL OF 20 PERCENT OF THE OFFENDERS RECEIVED SOME KIND OF TREATMENT, 29 PERCENT RECEIVED SUPERVISION, AND 51 PERCENT WERE DISCHARGED. THESE THREE CATEGORIES WERE FURTHER GROUPED BY TYPE OF OFFENSE, BY VALUE OF PROPERTY OFFENSE, BY WHETHER THE OFFENDER HAD LEGAL REPRESENTATION, AND BY NUMEROUS OTHER FACTORS. OBSERVATIONS SHOWED THAT ALTHOUGH MAGISTRATES' PERSONAL STYLES OF PROCEDURE VARIED, THEY WERE FAIR, THOUGHTFUL, DEDICATED, AND INTERESTED IN CHILDREN. IN ADDITION, MAGISTRATES DEALT WITH CASES IN A BUSINESSLIKE AND IMPARTIAL MANNER AND TENDED TO BE BOTH DISCIPLINARY AND ADVICE-ORIENTED IN ANNOUNCING THEIR DECISIONS. MAGISTRATES WERE OBVIOUSLY AWARE OF THEIR LEGAL MANDATE TO PLACE THE CHILD'S WELFARE AHEAD OF ALL OTHER CONSIDERATIONS AND WERE EFFECTIVE IN DETERRING MOST OFFENDERS FROM REAPPEARING IN COURT. IT WAS CONCLUDED THAT ALTHOUGH THE CHILDREN'S COURT IS NOT PERFECT, ITS REORGANIZATION AS PROPOSED BY SOME CRITICS IS UNNECESSARY BECAUSE IT OPERATES BOTH HUMANELY AND EFFICIENTLY. A FIGURE, FOOTNOTES, TABLES, AND A BIBLIOGRAPHY ARE INCLUDED. (CFW)