NCJ Number
46602
Date Published
1977
Length
309 pages
Annotation
CHARACTERISTICS OF THE YOUTH, OFFENSES, AND DISPOSITIONS ARE ANALYZED IN 13,000 CASES TO ASSESS THE QUALITY OF FAMILY COURT ADJUDICATION. A SUMMARY OF JUVENILE JUSTICE SYSTEM COSTS IS INCLUDED, AND RECOMMENDATIONS ARE MADE.
Abstract
DATA WERE DRAWN FROM A BALANCED SAMPLE OF EIGHT URBAN, RURAL, AND SUBURBAN COUNTIES IN THE STATE OF NEW YORK. IN EACH COUNTY, ALL JUVENILE CASES COMING TO PROBATION INTAKE AND FAMILY COURT IN 1974 -- MORE THAN 13,000 CASES -- WERE SURVEYED AND COMPUTER ANALYZED. ALMOST ALL PROBATION INTAKE OFFICERS AND FAMILY COURT JUDGES AND THEIR STAFFS IN THE EIGHT COUNTIES WERE INTERVIEWED, TOGETHER WITH PRIMARY PROVIDERS OF COMMUNITY SERVICES. IT IS NOTED THAT THE FAMILY COURT ACT HAS A LAUDABLE GOAL -- THE DIVERSION OF JUVENILES IN NEED OF SERVICES OUT OF THE TRADITIONAL CRIMINAL JUSTICE SYSTEM, WITH EMPHASIS ON THE TREATMENT OF JUVENILE PROBLEMS WITHIN THE FAMILY UNIT. IN ACTUALITY, HOWEVER, THE SYSTEM IS JUDGED TO BE OUT-OF-BALANCE BECAUSE OF (1) LACK OF DECISIONMAKING GUIDELINES FOR PROBATION INTAKE OFFICERS; (2) LIMITED DIAGNOSTIC CAPABILITIES AVAILABLE AT PROBATION INTAKE, AND (3) LACK OF THOROUGH KNOWLEDGE OF EXISTING COMMUNITY SERVICES TO ASSIT JUVENILES AND THEIR FAMILIES. IT IS INDICATED THAT THESE FAILINGS HAVE CAUSED A GREAT DEAL OF INJUSTICE IN THE FAMILY COURT SYSTEM. MORE THAN HALF OF ALL BURGLARY AND ROBBERY CHARGES ARE ADJUSTED AT THE INTAKE LEVEL, WHILE MORE THAN HALF OF ALL RUNAWAYS AND TRUANTS END UP IN FAMILY COURT. IN THE COURT ITSELF, THE MAJORITY OF ARSON AND ROBBERY CHARGES WERE DROPPED WHILE TRUANTS AND RUNAWAYS WERE DISMISSED AT A FAR LOWER RATE. RECOMMENDATIONS INCLUDE DEVELOPMENT OF CLEAR GUIDELINES FOR DECISIONMAKING; IMPROVEMENT OF DIAGNOSIS BY USING A DIAGNOSTIC TEAM TO ASSIST THE PROBATION INTAKE OFFICER; IMPROVEMENT OF ACCESS TO COMMUNITY SERVICES BY KEEPING PROBATION INTAKE OFFICERS AND FAMILY COURT JUDGES ABREAST OF COMMUNITY SERVICES; THE REDUCTION OF DISMISSALS BY HAVING THE DISTRICT ATTORNEY OR OTHER PROSECUTING AUTHORITY REVIEW CASES FOR LEGAL SUFFICIENCY BEFORE THEY ARE SENT TO FAMILY COURT; AND REQUIRING PROVISION OF SERVICES PURSUANT TO SECTION 255 OF THE FAMILY COURT ACT IN MORE CASES. APPENDIX A LOOKS AT NATIONAL JUVENILE JUSTICE POLICIES AND REVIEWS FOUR MODEL DIVERSION PROJECTS. THE OPERATIONS OF PROBATION INTAKE, FAMILY COURT, AND THE MAJOR PROVIDERS OF COMMUNITY SERVICES ARE REVIEWED IN APPENDIX B. APPENDIXES C AND D PRESENT THE COUNTY-BY-COUNTY SURVEY DATA FOR PROBATION INTAKE AND FAMILY COURT. THE SURVEY FORMS ARE INCLUDED IN APPENDIX E. (RCB)