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Duality of Juvenile Justice in the United States: History Trends, and Prospects

NCJ Number
109469
Journal
Sociological Spectrum Volume: 8 Issue: 1 Dated: (1988) Pages: 1-17
Author(s)
D J Shoemaker
Date Published
1988
Length
17 pages
Annotation
Juvenile justice in America was formulated from the dual philosophies of punishment and treatment, and the duality is still evident in both increased legalization of the juvenile court and the use of diversion from the court.
Abstract
Court decisions have moved the juvenile justice system closer to the adult court model of confrontation, which is guided by a punishment philosophy and emphasizes the granting of legal protections to a defendant being prosecuted by the state. Other signs of punitive trends in juvenile justice are mandatory sentencing laws for juveniles, the increased imprisonment of juveniles, and the number of juveniles sentenced to death. Simultaneously, however, alternative methods of handling juveniles have developed. This trend de-emphasizes juvenile courts and institutions in favor of community-based programs or no intervention at all. The prevalent punitive societal attitude toward juveniles should change in the coming years, partly in response to an expected decline in delinquency due to demographic changes in the next several years and partly due to a public awareness of the economic costs of a punitive policy. 1 figure and 56 references.