NCJ Number
43194
Journal
CRIME AND/ET JUSTICE Volume: 4 Issue: 4 Dated: (FEBRUARY 1977) Pages: 226-237
Date Published
1977
Length
12 pages
Annotation
AN ALTERNATIVE TO CURRENT THEORIES OF JUVENILE JUSTICE IS PRESENTED WHICH STATES THAT REFORM ACTIVITIES SHOULD BE FOCUSED NOT ON THE STRUCTURE OF THE JUVENILE JUSTICE SYSTEM BUT ON THE ASSUMPTIONS UNDERLYING IT.
Abstract
FOLLOWING A SUMMARY OF THE HISTORY OF THE JUVENILE JUSTICE SYSTEM, ABUSES WHICH ARE STILL FOUND WITHIN THIS SYSTEM, AND ATTEMPTS TO REFORM THE HANDLING OF JUVENILES, A NEW THEORY IS PRESENTED WHICH CHALLENGES THE BASIC ASSUMPTIONS UNDERLYING JUVENILE COURTS IN ENGLAND, THE U.S., AND OTHER COUNTRIES WITH SEPARATE JUVENILE SYSTEMS. THE THEORY ATTACKS THE DOCTRINE OF 'IN LOCO PARENTIS,' WHICH UNDERLIES ALL JUVENILE JUSTICE STATUTES. INSTEAD, IT DRAWS ON CURRENT WORK IN PSYCHOHISTORY, WHICH TRACES THE JUVENILE JUSTICE MOVEMENT AS A SERIES OF CHANGING INTERGENERATIONAL RELATIONSHIPS. THIS DOCTRINE STATES THAT THE JUSTICE SYSTEM IS USED BY ADULTS EITHER TO DISPLACE FEARS AND HOSTILITIES LEFT OVER FROM THEIR OWN CHILDHOODS OR TO IMPROVE RELATIONSHIPS WHICH WERE LACKING IN THEIR YOUTH. THUS, THE PARENTAL ROLE OF THE COURT IS SEEN AS SUBJECT TO ALL THE INCONSISTENCIES IN PERCEPTION AND DISPOSITION FOUND IN FAMILY PARENT-CHILD RELATIONSHIPS. THIS VIEW SUGGESTS THAT THE ILLS OF JUVENILE COURTS AND SOCIAL WORK CAN BE ATTRIBUTED TO A CONTINUATION OF INTERGENERATIONAL CONFLICTS WHICH BEGAN IN THE HOME. THIS VIEW ALSO CHALLENGES MUCH OF THE LITERATURE WHICH FOCUSES ON THE DELINQUENT SUBCULTURE AS THOUGH IT WERE A TRUE SUBCULTURE AND SPENDS A GREAT DEAL OF TIME ON REHABILITATION METHODS. THIS THEORY VIEWS DELINQUENCY AS A PARTICULAR FORM OF ADULT INTERACTION. IT ATTEMPTS TO REDEFINE DELINQUENCY IN TERMS OF THE TOTAL INTERGENERATIONAL EXPERIENCE AND PROVIDE A NEW PERSPECTIVE FOR REFORM EFFORTS. (GLR)