JUVENILE COURT - A BEHAVIORAL SCIENCE PERSPECTIVE

• NCJ Number: 58923
• Journal: Bulletin of the American Academy of Psychiatry and the Law Volume: 4 Issue: 3 Dated: (1976) Pages: 221-226
• Author(s): J M SUAREZ; E SMITH
• Date Published: 1976
• Length: 6 pages
• Corporate Author: University of Pittsburgh
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

THE JUVENILE COURT SYSTEM IS SCRUTINIZED FROM THE PERSPECTIVE OF THE BEHAVIORAL SCIENTIST, DISCREPANCIES BETWEEN STATED GOALS AND FAILURE TO IMPLEMENT NECESSARY PROGRAMS ARE NOTED, AND RECOMMENDATIONS PROVIDED.

Abstract

INITIATION OF THE JUVENILE COURT SYSTEM WAS INSPIRED BY THE GOAL OF PROTECTING AND REHABILITATING THE YOUTHFUL OFFENDER, BY CREATING A UNIQUE NONADVERSARY SYSTEM THAT WOULD SPARE MINORS THE TRAUMA AND SOCIAL STIGMA OF BEING PLACED AMONG CRIMINAL ADULTS. JUSTICE COULD BE INDIVIDUALIZED THROUGH RECOGNITION OF THE FACT THAT THE YOUTHFUL OFFENDER WAS NOT IN THE SAME CATEGORY OF RESPONSIBILITY AS THE ADULT AND MIGHT BE MORE AMENABLE TO REHABILITATION BY VIRTUE OF BEING YOUNG. THESE PHILSOPHICAL GOALS HAVE YET TO BE REALIZED. THE PERSPECTIVES OF THE BEHAVIORAL SCIENTIST MIGHT BE HELPFUL TO THOSE WORKING WITHIN THE LEGAL SYSTEM BECAUSE THE SCIENTIST, LIKE THE JUVENILE COURT PHILOSOPHY, IS ORIENTED TOWARD THERAPY AND REHABILITATION. ONE PERSPECTIVE INVOLVES AN APPRAISAL OF THE LEGAL SYSTEM AS PRIMARILY AN INVESTIGATIVE AND DECISONMAKING PROCESS. INVESTIGATIONS ARE NECESSARY, BUT ATTENTION MUST BE PAID TO THEIR QUALITY. DECISIONS SHOULD HAVE RELEVANCE TO OR BEARING ON THE ULTIMATE GOALS AND IDEALS TO WHICH THE SYSTEM IS COMMITTED. ANOTHER PERSPECTIVE CONCERNS THE ISOLATION OF THE INDIVIDUAL AS THE SOURCE OF THE PROBLEM IN THE CRIMINAL JUSTICE SYSTEM; THIS VIEWPOINT TENDS TO IGNORE THE TOTAL PICTURE, AND THEREFORE THE UNDERLYING CAUSE, OF THE PROBLEM WHICH RESULTS IN CRIMINAL BEHAVIOR. THE JUVENILE COURT SYSTEM SHOULD RECOMMIT ITSELF TO THE REHABILITATION IDEAL, AND ITS JURISDICTION SHOULD BE DECREASED. AVAILABLE DATA INDICATE THAT MANY CASES ARE NOT HELPED BY GOING THROUGH THE SYSTEM, AND THAT MANY ARE HARMED. ALSO, COMMUNITY-BASED PROGRAMS, RATHER THAN INSTITUTIONALIZATION, SHOULD BE IMPLEMENTED, AND BEHAVIORAL SCIENTISTS SHOULD BE GIVEN MORE FREEDOM TO REDEFINE QUESTIONS AND ROLES WHEN WORKING WITH THE JUVENILE COURTS THAT HAVE REQUESTED THEIR SERVICES. REFERENCES ARE INCLUDED. (LWM)