NCJ Number
48012
Journal
Crime and Delinquency Volume: 23 Issue: 2 Dated: (APRIL 1977) Pages: 131-135
Date Published
1977
Length
5 pages
Annotation
NEW YORK STATE FAMILY COURT RECORDS ARE EXAMINED FROM 1965-1974 TO DETERMINE THE DIFFERENCES IN THE WAY COURTS ADJUDICATE ADOLESCENT DELINQUENTS ACCORDING TO SEX AND OFFENSE.
Abstract
A BRIEF HISTORICAL ANALYSIS OF FEMALE OFFENDER STATUTES IS INCLUDED TO PROVIDED BACKGROUND FOR SPECULATIVE DISCUSSION OF COURT BIASES REGARDING THE NONCRIMINAL CATEGORY OF SEXUAL MISCONDUCT. A REPORT BY THE JUVENILE JUSTICE TASK GROUP HAS FOUND THAT 70 PERCENT OF THE FEMALES HELD BY THE COURTS COULD BE LABELED STATUS OFFENDERS SINCE THEY HAD NOT BEEN CHARGED WITH A FELONY OR MISDEMEANOR. COMMON BEHAVIOR INCLUDED TRUANCY, DISOBEDIENCE, CIGARETTE SMOKING, AND ALLEGED PROMISCUITY, ALL ACTIONS WHICH WOULD NOT HAVE VIOLATED SOCIETY'S NORMS HAD THEIR PERPETRATORS BEEN OLDER. ADOLESCENTS WHO HAVE NOT COMMITTED A CRIME OFTEN FALL INTO THE CATEGORY OF 'PERSONS IN NEED OF SUPERVISION.' THEY ARE NOT SENTENCED, BUT ARE REMANDED TO A STATE FACILITY FOR A PERIOD OF TIME DECIDED MORE BY THEIR PARENTS OR THE CORRECTIONAL STAFF THAN BY THE COURTS. A FEMALE ADOLESCENT WHO IS THOUGHT TO BE PROMISCUOUS CAN BE DETAINED LEGALLY LONGER THAN A MALE ADOLESCENT WHO HAS COMMITTED A SERIOUS FELONY. IN THE PERIOD OF COMPARISON, SEVERAL THOUSAND MORE FEMALES THAN MALES WERE EVENTUALLY PLACED IN REHABILITATIVE SETTINGS. MOST OF THE JUVENILES WHO WERE DETAINED HAD NOT ENGAGED IN CRIMINAL ACTIVITY, BUT WERE TERMED 'UNGOVERNABLE,' WHICH IN THE CASE OF FEMALES MAY BE TRANSLATED AS 'PROMISCUOUS.' IN REALITY, DETENTION IS CUSTODIAL RATHER THAN REHABILITATIVE IN NATURE. FEW OF THE INCARCERATED FEMALES ARE RADICALS OR THREATS TO SOCIETY; THEY ARE MORE OFTEN GIRLS THAT NO ONE REALLY WANTS. THE EASIEST WAY TO CARE FOR THEM IS TO REMOVE THEM FROM CORRUPTING INFLUENCES. TABULAR DATA AND NOTES ARE PROVIDED. (JSP)