NCJ Number
181540
Journal
Punishment & Society Volume: 2 Issue: 1 Dated: January 2000 Pages: 66-97
Date Published
January 2000
Length
32 pages
Annotation
This article argues that juvenile justice practices now reflect what Feeley and Simon have identified as actuarial justice in that the goal of efficient case processing has supplanted the traditional orientation of juvenile justice towards parens patriae.
Abstract
The hallmarks of juvenile justice coincide generally with policy reform movements that occurred around 1900, 1960, and 1990. The first movement resulted in the separate system with individualized case processing aimed at the best interests of juveniles. The second movement coupled this protocol with due process safeguards. The third movement placed greater emphasis on punishment and public safety concerns. These movements have led to a policy setting in which the theory of actuarial justice may flourish. Current developments include preventive detention, the growth of privately run institutions, community-based services, assessment and classification guidelines, case screening based on offense-related criteria, determinate sentencing, limits on judicial discretion, and others. As a result, mathematical models akin to those used in the insurance industry establish profiles that the system uses to streamline the processing of juvenile cases and offenders. However, attributes of actuarial justice markedly change the juvenile justice process, because they replace the traditional informality, individualized casework, and treatment with an emphasis on cost-efficient warehousing. The theory of actuarial justice needs scholarly attention and public debate before a separate system for juveniles is no longer considered viable. 162 references (Author abstract modified)