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Circularity of Punishment and Treatment - Some Notes on the Legal Response to Juvenile Delinquency

NCJ Number
86678
Journal
Canadian Journal of Family Law Volume: 3 Issue: 4 Dated: (1980) Pages: 419-438
Author(s)
N Boyd
Date Published
1980
Length
20 pages
Annotation
This paper urges that juvenile delinquency should not be examined from the vantage point of correctionalism and that the imposition of treatment is not meaningfully differentiated from the imposition of punishment.
Abstract
Delinquency is the socially constructed product of a reflexive relationship existing between the state and those living within the state. Because the imposition of treatment is not well differentiated from the imposition of punishment, treatment programs for juvenile delinquents are associated with high rates of failure. The author argues that youthful deviance is constantly being redefined and that efforts to prevent and control 'juvenile delinquency' fail to come to terms with the complex nature of this phenomenon. A total of 84 footnotes are provided. (Author abstract modified)

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