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LEGAL LEXICON, SOCIAL LABELING, AND JUVENILE REHABILITATION

NCJ Number
45018
Journal
OFFENDER REHABILITATION Volume: 2 Issue: 1 Dated: (FALL 1977) Pages: 19-30
Author(s)
R A FELDMAN
Date Published
1977
Length
12 pages
Annotation
WAYS IN WHICH INACCURATE SOCIAL LABELING HINDERS CONTEMPORARY JUVENILE JUSTICE SYSTEMS ARE DISCUSSED, AND APPROACHES TO DEALING WITH THE PROBLEM ARE CONSIDERED.
Abstract
IN AN EFFORT TO AVERT UNDUE LABELING, STIGMATIZATION, AND SECONDARY DEVIANCE, THERE HAVE BEEN NUMEROUS ATTEMPTS TO DEVELOP NEW MODES OF DIVERSION WITHIN THE JUVENILE JUSTICE SYSTEM, TO 'UNLABEL' CRIMINALS, AND TO AVOID LABELING BY WITHOLDING DELINQUENTS FROM JUVENILE JUSTICE SYSTEMS OR BY ABOLISHING SUCH SYSTEMS. IN ADDITION, THERE HAVE BEEN EFFORTS TO AVOID UNDUE STIGMATIZATION OF JUVENILES AND TO ENCOURAGE DIVERSION FROM TRADITIONAL JUSTICE PROGRAMS THROUGH THE CREATION OF SPECIAL OFFENDER CATEGORIES, SUCH AS STATUS OFFENDER, PERSONS IN NEED OF SUPERVISION (PINS), CHILDREN IN NEED OF SUPERVISION (CHINS), AND JUVENILES IN NEED OF SUPERVISION (JINS). IT IS ARGUED THAT SUCH EFFORTS TO AVOID UNDUE LABELING HAVE HAD PRECISELY THE OPPOSITE EFFECT. IT IS SUGGESTED THAT SOCIAL LABELS CAN BE CONSIDERED SIGNIFICANTLY DYSFUNCTIONAL ONLY AND ALWAYS WHEN THEY ARE SUBSTANTIALLY INACCURATE. PRECISE LABELS ARE LIKELY TO CONTRIBUTE TO PRECISION IN THE ADJUDICATION AND TREATMENT OF JUVENILES. IT IS ARGUED THAT THE ONLY VIABLE STRATEGIES FOR DEALING EFFECTIVELY WITH DEVIANT BEHAVIOR ARE TO ACCURATELY AND PRECISELY DEFINE THE BEHAVIOR, ITS REFERENTS, AND ITS SOCIAL CONTEXT; TO CONSTRUCT A CORRESPONDINGLY PRECISE LEGAL LEXICON; AND TO PROVIDE EFFECTIVE SOCIAL SERVICES BASED ON PRECISE, VALID, TIME-LIMITED SOCIAL LABELS. A LIST OF REFERENCES IS INCLUDED. (LKM)