Criminalizing the American Juvenile Court

Goal Conflict in the Juvenile Court

“…Television and newspaper stories relating the victimization of the elderly and other innocents prompted a public response to increase the accountability of such offenders. The 1970s saw an increase in the demands for juvenile offender accountability and more punitive sentences (Ainsworth, 1991;Feld, 1993); this was supported by politicians as well as the general public (Singer, 1996). This demand for accountability was focused on those juveniles who had committed violent crimes.…”

“…Serious juvenile offenders were considered to be more sophisticated, diminishing the idea that youth must be treated differently in a separate justice system (Bishop, 2000;Feld, 1999a;Singer, 1996). Laws in many states were changed during the 1970s and 1980s to focus on the "just desserts" of the offender, highlighting punishment for the current offense rather than treatment of the real needs of the child (Ainsworth, 1991;Feld, 1993Feld, , 1998Feld, , 1999a. Increases in crime and the fear of crime combined with the emphasis on formal legal proceedings for juveniles resulted in increased punitiveness for serious crimes but a concurrent reduction in punitiveness for noncriminal, or status, offenses.…”

“…Because secure detention was no longer an option for such youth, other modes of intervention were established. An increasingly popular choice among court referrals and parents is hospitalization, whether under the category of chemical dependency or psychiatric care (Feld, 1993). Decriminalization and deinstitutionalization represent examples of the court system replacing secure detention with other forms of coerced treatment.…”

“…Deinstitutionalization of status offenders was a main goal of the 1974 act, which was on its way to being reached by the mid-1980s. Other sentencing options remained open concerning status offenders, however, including medium-security work-camp programs (Feld, 1993). Thus, concerns about the negative impact of involvement with the formal juvenile justice system prompted the court to find less punitive sentencing options for those juveniles referred to the court for nondelinquent status offenses.…”

Race, Gender, and Legal Counsel

“…However, previous research indicates that not all juveniles facing confinement are represented by legal counsel. For example, studies have revealed that anywhere from 15% to 95% of juveniles were assisted by an attorney (Aday, 1986;Clarke & Koch, 1980;Feld, 1988Feld, , 1991Feld, , 1993bLangley, 1972;Reasons, 1970). Research also indicates that presence/absence of counsel and type of legal counsel may affect juvenile court outcomes.…”