The Social Organization of Juvenile Justice

Cicourel, Aarón V.

doi:10.2307/1141851

Cited by 160 publications

(124 citation statements)

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“…To mobilize the police, the earlier conclusion that "the moral standards of the citizenry have more to do with the definition of juvenile deviance than do the standards of policeman on patrol" [3] still appears valid today. The decision-making activities of police officers continue to "highlight fundamental processes of how social order is possible" [9].…”

Section: Introductionmentioning

confidence: 99%

“…A suburban/exurban area includes all other places in a CMA or the equivalent areas surrounding a non-CMA urban area. A rural/small town area is any other police jurisdiction that is not an urban center or an area peripheral to one 9. Officers define the degree of parental involvement as participation in the youth's life, parental demeanor, and the degree of supervision and accountability for the youth's actions (e.g.…”

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confidence: 99%

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Patterns in police decision-making with youth: an application of Black’s theory of law

Schulenberg

2009

Crime Law Soc Change

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Prior research suggests that police officers may use more than one style of law (therapeutic, conciliatory, compensatory, penal) and that the quantity of law applied may also vary within an encounter in order to maintain order. The implication is that police decision-making varies, and is, to some extent, case dependent. The research objective is to investigate the extent to which principles from Black's (1976) theory of law are applicable to police decision-making with apprehended youth in Canada. The findings suggest that police decision-making is a dynamic process that is a progression in the application of formal social control from least to most intrusive of personal liberties both in the quantity and style of law. The analysis reveals that the factors which affect police discretion can vary, in some circumstances, across physical space (urban, suburban, and rural communities). In addition, as informal mechanisms of social control weaken, the police use a higher quantity of law, be it penal, compensatory, conciliatory, or therapeutic. Specifically, the quantity and style of law is affected by the degree and nature of parental involvement.

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Section: Introductionmentioning

confidence: 99%

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confidence: 99%

Patterns in police decision-making with youth: an application of Black’s theory of law

Schulenberg

2009

Crime Law Soc Change

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“…In addition, as Sudnow [50] and Cicourel [5] showed in their seminal analyses of the criminal process, labelling theory is especially useful for drawing attention to stereotyping and how procedural rules are systematically re-defined in order to satisfy systemic pressures for conformity. Similarly, Skolnick's [48] early insight that legal rules provide'a context for the behaviour of legal men', envisages studies of the 'law in action', such as discretionary decision-making within the trial, as essentially concerned with deconstructing the meanings attributed to action by social actors, and the interrelationship and transformation of legal principles and rules within legal institutions.…”

Section: Symbolismmentioning

confidence: 99%

Penal ideology, sentencing and the legitimacy of trial justice

Henham

2011

Crime Law Soc Change

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The paper explores the link between penal ideology and international trial justice from the perspective of sentencing. The argument is based on the premise that the perceived legitimacy of punishment is directly related to effective governance in criminal justice. As such, loss of faith, or lack of moral empathy by individuals and communities with the ideologies, processes and outcomes of punishment compromises the ability of criminal trials to function effectively in maintaining the 'rule of law'. The paper argues that more emphasis should be given explaining the moral foundations that underpin perceptions of 'justice' in sociological accounts of the 'reality' of sentencing, and proposes an analytical framework for conceptualising this. Adopting this approach, the paper draws on examples from national and international criminal justice to illustrate how the hegemony of penal ideology and its implementation compromises the ability of sentencing outcomes to resonate with the trial's 'relevant audience'. The paper then focuses on how penal ideology influences the construction of the factual basis for sentencing in international criminal trials, and considers the consequences of this for the perceived 'legitimacy' of international trial justice.

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“…One assessment of the "effectiveness" of the criminal justice system in achieving the "system's goals" would obviously through the use of the data produced by it (Cicourel 1996). However, since the numbers might lead to fallacies, it is important to understand, from the people that work in the system, what the numbers might mean (Gottfredson 1987).…”

Section: Some Conclusionmentioning

confidence: 99%

How Does the Criminal Justice System Operate from an Empirical Point of View? An Analysis of the Netherlands Case

Ribeiro

2010

Eur J Crim Policy Res

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This study analyzes how the Dutch criminal justice system works from an abstract and a practical perspective. Using data collected through quantitative (police and prosecution databases) and qualitative (interviewing of key participants familiar with the databases and observation of some ongoing trials) procedures, it identifies the main features of this system as well as the main problems that researchers might have when working with data recorded by the police and the prosecution service. This is a methodological paper that intends to contribute with the data analysis research in this field.

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The Social Organization of Juvenile Justice

Cited by 160 publications

References 0 publications

Patterns in police decision-making with youth: an application of Black’s theory of law

Patterns in police decision-making with youth: an application of Black’s theory of law

Penal ideology, sentencing and the legitimacy of trial justice

How Does the Criminal Justice System Operate from an Empirical Point of View? An Analysis of the Netherlands Case

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