NCJ Number
43702
Journal
Crime and Delinquency Volume: 23 Issue: 4 Dated: (OCTOBER 1977) Pages: 383-393
Date Published
1977
Length
11 pages
Annotation
ADHERENCE TO THE IDEALS OF LIBERTY, JUSTICE FOR ALL, AND FREEDOM FROM ARBITRARY AUTHORITY IS ASSESSED IN TERMS OF SOCIETY'S RESPONSE TO DELINQUENCY IN THE UNITED STATES.
Abstract
A REVIEW OF THE HISTORY OF CORRECTIONAL PRACTICES AND STATUTES WITH REGARD TO JUVENILE DELINQUENCY REVEALS THAT THE AMERICAN DEFINITION OF DELINQUENCY HAS ALWAYS INCLUDED REASONS OTHER THAN CRIMINAL BEHAVIOR FOR LEGALLY PUNISHING OR INCARCERATING YOUTHS. THE FACT THAT YOUTHS CAN LOSE THEIR FREEDOM EASILY FOR BEHAVIORS THAT ARE NOT CRIMINAL AND THAT WOULD NOT BE ADMITTED BEFORE AN ADULT CRIMINAL COURT IS SAID TO BE CONTRADICTORY TO THE IDEAL OF LIBERTY. WITH REGARD TO THE CONCEPT OF EQUAL JUSTICE FOR ALL, AMERICAN JUVENILE LAWS AND PRACTICES ARE SAID TO HAVE FLOUTED TWO BASIC COMPONENTS OF REASONABLE JUSTICE: THAT PENALTIES SHOULD REFLECT THE DEGREE OF HARM A PERSON HAS DONE OR THREATENS TO DO; AND THAT COMPARABLE OFFENSES SHOULD BE DEALT WITH EQUITABLY. THE IDEAL OF FREEDOM FROM ARBITRARY AUTHORITY IS SAID TO BE CONTRADICTED BY THE PRACTICE OF ALLOWING MORE YOUTHS TO BE DETAINED THAN ARE ADJUDICATED IN COURT. IT IS CONCLUDED THAT THE OVERREACH OF DELINQUENCY DEFINITION AND THE FAILURE TO SPECIFY DEGREES OF OFFENSE HIGHLIGHT THE DISCREPANCY BETWEEN FORMAL DECLARATIONS OF LIBERTY AND JUSTICE AND ACTUAL PRACTICES OF SOCIETY. A REVIEW OF DATA FROM THE 1960'S AND 1970'S SUGGESTS THAT THE AMERICAN SYSTEM STILL IS CHARACTERIZED MORE ACCURATELY AS A JUVENILE SOCIAL CONTROL SYSTEM THAN AS A JUSTICE OR CORRECTIONAL SYSTEM. (AUTHOR ABSTRACT MODIFIED).