NCJ Number
52503
Journal
Pepperdine Law Review Volume: 5 Issue: 3 Dated: (1978) Pages: 695-715
Date Published
1978
Length
21 pages
Annotation
ISSUES RELEVANT TO THE JUVENILE COURT'S JURISDICTION OVER STATUS OFFENDERS AND ALTERNATIVE INTERVENTION STRATEGIES IN THE FORMAL LEGAL PROCESSING OF THESE JUVENILES ARE DISCUSSED.
Abstract
THERE ARE AT LEAST TWO SOCIETAL REQUISITES, REFERRED TO IN THE LITERATURE, USED BY THE JUVENILE COURT AS JUSTIFICATION FOR THE FORMAL LEGAL PROCESSING OF STATUS OFFENDERS: (1) EFFECTIVE CONTROL OF DISRUPTIVE FORMS OF BEHAVIOR AND (2) ADEQUATE SOCIALIZATION. STATUS OFFENDERS REFER TO YOUTHS WHOSE BEHAVIOR DEVIATES FROM SOCIAL NORMS. THE ESTABLISHMENT OF AN INCLUSIVE DEFINITION OF STATUS OFFENSES IS DIFFICULT, HOWEVER, BECAUSE THERE ARE MANY TYPES OF BEHAVIOR INVOLVING FAMILY PROBLEMS AND SOCIAL SITUATIONS THAT MAY BE LABELED STATUS OFFENSES. MANY STATES HAVE REFERRED TO STATUS OFFENDERS AS PERSONS IN NEED OF SUPERVISION OR MINORS IN NEED OF SUPERVISION TO SOLVE THE DEFINITIONAL PROBLEM. PSYCHOLOGICAL AND LEGAL PERSPECTIVES AND JUVENILE SELF-PERCEPTIONS ARE IMPORTANT FACTORS TO CONSIDER IN CHARACTERIZING STATUS OFFENDERS SUCH AS RUNAWAY YOUTH. THE MEDICAL MODEL EMPHASIZING REHABILITATION OF YOUTHFUL OFFENDERS VIEWS THESE INDIVIDUALS AS SICK, DEVIANT, OR DEFICIENT AND SEEKS TO CURE OFFENDING BEHAVIOR BY CHANGING THE PERSONALITY THROUGH INDIVIDUAL AND GROUP THERAPY. THE REALITY MODEL, INVOLVING THE TRANSLATION OF PHILOSOPHICAL POSTULATES INTO WORKABLE PROGRAMS, SHOWS THAT THE LACK OF OBJECTIVE CRITERIA FOR DISPOSITIONAL ALTERNATIVES IS A MAJOR PROBLEM IN JUVENILE PROCESSING. IN CALIFORNIA, LAW ENFORCEMENT OFFICERS HAVE THREE BASIC DISPOSITIONAL ALTERNATIVES AFTER PLACING A YOUTHFUL OFFENDER UNDER ARREST. THEY CAN COUNSEL AND RELEASE THE YOUTH (CASE CLOSED), MAKE AN APPLICATION FOR PETITITION TO THE JUVENILE COURT (PROMISE TO APPEAR), OR DELIVER THE YOUTH TO A PROBATION OFFICER FOR DETERMINING WHETHER THE YOUTH SHOULD BE HELD UNTIL A DETENTION HEARING OR UNTIL DISMISSAL. THE USE OF DETENTION FOR STATUS OFFENDERS OFTEN IS SCREENED AND REDUCED BY INTAKE PROBATION OFFICERS, BUT THERE ARE STILL FEW ALTERNATIVE INTERVENTION TECHNIQUES AVAILABLE TO COMMUNITY AGENTS. ATTEMPTED SOLUTIONS TO THE DISPOSITIONAL PROBLEM ENCOMPASS SUCH CONCEPTS AS DEINSTITUTIONALIZATION, ALTERNATIVE SERVICE SYSTEMS AND DIVERSION TECHNIQUES, SHELTER FACILITIES, AND REGIONAL PROGRAMS. A RANGE OF SERVICES ARE PROVIDED IN REGIONAL DIVERSION PROGRAMS, INCLUDING SHORT TERM FAMILY COUNSELING, RECREATION, SKILL DEVELOPMENT, VOCATIONAL TRAINING AND PLACEMENT, REMEDIAL EDUCATION, AND VOLUNTEER SERVICES. (DEP)