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Juvenile Transfers as Ritual Sacrifice: Legally Constructing the Child Scapegoat

NCJ Number
209297
Journal
Youth Violence and Juvenile Justice Volume: 3 Issue: 2 Dated: April 2005 Pages: 116-132
Author(s)
Jordan J. Titus
Date Published
April 2005
Length
17 pages
Annotation
This article develops the argument that although the waiver to adult court of juveniles charged with serious crimes purports to have the goals of deterrence and retribution, its actual effect is to serve as an institutionalized, symbolic ritual sacrifice intended to resolve a cultural crisis and ensure societal cohesion.
Abstract
The author first reviews the persistent historical effort to define a child's nature as manifested in the polarized views of children as channels of diabolical forces or divine innocence. This essay shows how, in the context of the social structure and dominant interests of societies, these contrasting images of children and the attitudes toward children they stimulate have informed social policies and justice practices toward children. This discussion is followed by an overview of Girard's (1972/1977, 1982/1986) theories of imitative violence as a basis for explaining the role that child sacrifice has played in societies. The waiver to adult court of juveniles viewed as particularly evil due to the crimes with which they have been charged is set in the context of rituals of child sacrifice. Throughout the history of societies, those selected for vicarious sacrifice to appease the gods and purify the community were imperfectly assimilated people; social outcasts or outsiders; those who occupied the margins of society; and children, who had no legal/social status or essential roles in society. The author argues that the wavier of particularly "evil" children to the punitive rigors reserved for serious adult criminals is a form of ritual sacrifice designed to purge the community of demonized influences. 10 notes and 38 references