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PROCESS AND DISCRETION IN THE JUVENILE COURT - AN ANALYSIS OF LEGAL FACTORS AND SOCIOECONOMIC VARIABLES

NCJ Number
59039
Author(s)
M A BORTNER
Date Published
1978
Length
497 pages
Annotation
FINDINGS ARE PRESENTED FROM A STUDY THAT EXAMINED THE EFFECTS OF LEGAL FACTORS AND SOCIOECONOMIC VARIABLES ON JUVENILE COURT DECISIONMAKING.
Abstract
THE STUDY METHODOLOGY INVOLVED (1) PARTICIPATION IN JUVENILE COURT PROCEDURES OVER 9 MONTHS, INCLUDING OBSERVATION OF 250 FORMAL DELINQUENCY HEARINGS AND IN-DEPTH INTERVIEWS WITH KEY COURT PERSONNEL; AND (2) MULTIVARIATE ANALYSIS OF A YEAR'S COHORT OF DELINQUENCY REFERRALS TO THE COURT (ABOUT 10,500 REFERRALS). FOCUSING ON THE COURT'S FINAL ACTION IN EACH CASE, STATISTICAL ANALYSIS EXPLORED THE RELATIONSHIPS BETWEEN SEVERITY OF DISPOSITION (DEPENDENT VARIABLE) AND LEGAL AND SOCIOECONOMIC VARIABLES (INDEPENDENT VARIABLES). SOCIOECONOMIC VARIABLES INCLUDED RACE, SEX, ACTIVITY AT TIME OF REFERRAL TO COURT (SCHOOL, WORK, OTHER), SIBLINGS' PRIOR INVOLVEMENT WITH COURT, AND PARENTS' MARITAL STATUS. LEGAL VARIABLES INCLUDED THE PRESIDING OFFICER, NUMBER OF COURT REFERRALS, NATURE OF PRESENT REFERRAL, DETENTION DECISION (WHETHER OR NOT THE JUVENILE WAS DETAINED AT THE TIME OF APPREHENSION), AGENCY REFERRING JUVENILE TO COURT, LEGAL REPRESENTATION, AND MANNER IN WHICH THE CASE WAS PROCESSED. FINDINGS SHOW THAT JUVENILE COURT DECISIONS ARE AFFECTED BY A COMBINATION OF 'THE FACTS' IN A CASE, AN ASSESSMENT OF THE INVOLVED FAMILY'S STABILITY, A FEELING FOR THE JUVENILE'S ATTITUDE, AND INTUITIVE KNOWLEDGE. THE RESEARCH ALSO SUGGESTS THAT THE MORE SUBJECTIVE CONSIDERATIONS FREQUENTLY OUTWEIGH THE MORE OBJECTIVE FACTORS. IMPLICATIONS OF THE FINDINGS ARE DISCUSSED. A DISCUSSION OF THE FIELDWORK EXPERIENCE, INTERVIEW SCHEDULES AND THE OBSERVATION FORM, AND DATA ON THE FREQUENCY AND PERCENTAGE OF ALLEGED OFFENSES FOR YEAR'S DELINQUENCY REFERRALS ARE APPENDED. TABULAR DATA AND ABOUT 160 REFERENCES ARE ALSO PROVIDED.