POLICE DISCRETION IN VICTORIA (AUSTRALIA) - THE POLICE DECISION TO PROSECUTE

• NCJ Number: 50881
• Journal: Australian and New Zealand Journal of Sociology Volume: 14 Issue: 1 Dated: (FEBRUARY 1978) Pages: 33-40
• Author(s): L HANCOCK
• Date Published: 1978
• Length: 8 pages
• Corporate Author: Sociological Assoc of Australia and New Zealnd
• Publication Format: Article
• Language: English
• Country: New Zealand

Annotation

VARIABLES RELATED TO POLICE DISCRETION AND POLICE DECISIONS TO PROSECUTE IN VICTORIA, AUSTRALIA, ARE EXAMINED, INCLUDING THE BEHAVIOR AND CHARACTER OF JUVENILES AND THEIR PARENTS AND SOCIOLEGAL VARIABLES.

Abstract

THE PROGRESSION OF JUVENILE OFFENDERS THROUGH DIFFERENT STAGES OF THE JUVENILE JUSTICE SYSTEM IS DEPENDENT ON THE DISCRETIONARY DECISIONS OF SUCH FUNCTIONARIES AS THE POLICE AND MAGISTRATES. THE PRINCIPLE OF OFFENSE OR THE LEGALISTIC MODEL IS NOT APPROPRIATE IN JUVENILE COURTS BECAUSE OF THE COMMITMENT TO A WELFARE AND TREATMENT PHILOSOPHY AND A FOCUS ON INDIVIDUALIZED JUSTICE. TO EVALUATE THE POLICE DECISION EITHER TO RECOMMEND AN OFFICIAL WARNING OR TO PROSECUTE AND THUS REFER A JUVENILE TO COURT, DATA WERE OBTAINED FOR 300 MALE AND 141 FEMALE COURT APPEARANCES AND FOR 151 MALE AND 130 FEMALE WARNINGS. LEGALISTIC VARIABLES IN THE ANALYSIS OF DATA WERE NUMBER OF PRIOR OFFENSES AND TYPE OF OFFENSE. JUVENILE BEHAVIOR WAS ASSESSED IN RELATION TO TRUANCY, SCHOOL PERFORMANCE, SCHOOL ATTENDANCE, EMPLOYMENT, CHARACTER, AND LIKELY RECIDIVISM. INFORMATION ON PARENT BEHAVIOR PERTAINED TO MARITAL STATUS, CHARACTER, FAMILY BACKGROUND, AND WHETHER PARENTS WERE SEEN AS EXERCISING CONTROL OVER CHILDREN. VARIABLES SUCH AS CHARACTER OF COMPANIONS AND SIBLINGS, LIVING SITUATION, HOME APPEARANCE, NEIGHBORHOOD, AND SOCIOECONOMIC STATUS FELL UNDER THE HEADING OF SOCIAL LOCATION AND ENVIRONMENT. NOT ONLY WAS A WELFARE MODEL OF DECISIONMAKING MORE EVIDENT FROM POLICE DECISIONS TO WARN OR PROSECUTE JUVENILE OFFENDERS BUT ALSO LEGALISTIC VARIABLES WERE SOMETIMES NOT AS IMPORTANT AS NONLEGAL VARIABLES. THOSE IN THE WARNING GROUP WERE GENERALLY EVALUATED IN A POSITIVE MANNER AND WERE MORE LIKELY TO COME FROM AN INTACT HOME IN A GOOD NEIGHBORHOOD AND HAVE CARING AND COMPETENT PARENTS. NEGATIVE ASSESSMENTS WERE ASSOCIATED WITH THE COURT APPEARANCE GROUP WHO WERE MORE LIKELY THAN THE WARNING GROUP TO COME FROM SINGLE-PARENT HOMES, TO BE OF LOWER SOCIOECONOMIC STATUS, AND TO LIVE IN AN AVERAGE OR LOW-STATUS NEIGHBORHOOD WITH PARENTS WHO DID NOT CONTROL THEIR CHILDREN. SUPPORTING DATA AND REFERENCES ARE INCLUDED. (DEP)