JUVENILE COURT INTAKE An Analysis of Discretionary Decision‐Making

Abstract

An increasing amount of pressure has been directed toward juvenile court operations, much of which has focused on the hypothesized abuse of the broad discretionary decision‐making power that has traditionally been vested in the court. In this paper, we attempt to examine the extent to which factors not directly associated with the nature of the alleged offense may alter the probability that a juvenile w.11 be referred for a formal hearing in the juvenile court, a step which many analysts feel may have the unintended function of promoting rather than inhibiting subsequent involvement in delinquent behavior. Based on an analysis of 346 cases, our findings show that a number of variables that are not of direct legal relevance do exert a significant influence on the dispositional process, but the magnitude of this influence is not as great as many have been led to expect given the orientation of some explanatory models, particularly those based on the propositions of the labeling school.

Racial Disparities in Juvenile Court Outcomes: A Test of the Liberation Hypothesis

“…There is considerable support for the conclusion that legal factors have the most influence on juvenile court outcomes (Bailey, 1981;Bishop, 2005;Black & Reiss, 1970;Carter, 1979;Cohen & Klugel, 1978, 1979a, 1979bMarshall & Thomas, 1983;Thomas & Sieverdes, 1975). Legal factors such as prior criminal history and the seriousness of the current charge have been the best predictor in research that includes demographic and other extralegal variables.…”

Gender and Juvenile Justice Decision Making

“…Cohen & Klugel, 1978, 1979a, 1979bMarshall & Thomas, 1983;Thomas & Sieverdes, 1975). Factors such as prior criminal history, the seriousness of the current charge, and placement in pre-adjudication detention are the best predictors in models that include demographic and other extralegal factors.…”

The Role of Clinical Assessment in the Juvenile Court: Predictors of Juvenile Dispositions and Recidivism

“…In other words, does this kind of information have any bearing on the judge's decision? This question has been addressed in previous research that has examined both the decision-making process in the juvenile court (Barton, 1976;Scarpitti & Stephenson, 1971;Thomas & Sieverdes, 1975) and the allegation that discrimination exists within the decision-making process (Horwitz & Wasserman, 1980;Kowalski & Rickicki, 1982;Thomas & Cage, 1977).…”