NCJ Number
63260
Journal
LAE (LAMBDA ALPHA EPSILON) JOURNAL OF THE AMERICAN CRIMINAL JUSTICE ASSOCIATION Volume: 42 Issue: NOS 1 AND 2 Dated: (WINTER/SPRING 1979) Pages: 41-46
Date Published
1979
Length
6 pages
Annotation
PRESSURES ON THE JUVENILE JUSTICE SYSTEM HAVE DIVERTED YOUNG OFFENDERS INTO THE COMMUNITY MENTAL HEALTH SYSTEM AND THE ADULT CRIMINAL JUSTICE SYSTEM, A SITUATION FOR WHICH CRIMINOLOGISTS ARE PARTIALLY TO BLAME.
Abstract
RECENT INNOVATIONS IN CAUSAL THEORY, SUCH AS LABELING, THE 'NEW CRIMINOLOGY,' AND SOCIOBIOLOGY HAVE HAD LITTLE PRACTICAL EFFECT ON DELINQUENCY RATES. FOR LACK OF OTHER DEPENDABLE CAUSAL THEORIES, THE JUVENILE JUSTICE SYSTEM CONTINUES TO RELY ON 'DIVESTMENT,' THE CLASSIFYING OF DEVIANTS AS MENTALLY ILL IN ORDER TO JUSTIFY THEIR DIVERSION FROM THE JUSTICE SYSTEM TO THE MENTAL HEALTH SYSTEM. THIS PROCESS THREATENS TO CREATE A 'THERAPEUTIC STATE' IN WHICH MEDICAL RATHER THAN JUDICIAL PERSONNEL CONTROL PEOPLE. RECENT SUPREME COURT DECISIONS HAVE CURTAILED THE DISCRETIONARY POWER OF THE MEDICAL PROFESSION OVER ADULT OFFENDERS BUT FAILED TO EXTEND THE PROVISIONS TO JUVENILES. PRESSURES ON THE COURTS TO REDUCE INCARCERATION HAVE LED TO INCREASED USE OF COMMUNITY MENTAL HEALTH PROGRAMS FOR JUVENILES, WHICH RANGE FROM MILD SUPERVISION TO INCARCERATION IN CLOSED INSTITUTIONS. HERE INMATES ARE UNDER TOTAL COERCIVE CONTROL WITHOUT RECOURSE TO JUDICIAL RELIEF BECAUSE THEIR CONFINEMENT IS DEEMED PROTECTIVE RATHER THAN PUNITIVE. MOREOVER, GROWING PUBLIC AWARENESS OF THE NEED FOR PROTECTION FROM VIOLENT JUVENILE DELINQUENTS HAS LED TO THEIR DIVERSION INTO THE ADULT CRIMINAL JUSTICE SYSTEM, WHERE REHABILITATION IS EVEN LESS LIKELY. CRIMINOLOGISTS SHOULD RENEW THE SEARCH FOR A VALID CAUSAL THEORY FOR JUVENILE DELINQUENCY AND THUS ADVANCE PREVENTIVE PROGRAMS NOW LACKING. FOOTNOTES AND REFERENCES ARE INCLUDED. (MRK)