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PREVENTION AND DIVERSION IN THE UNITED STATES (FROM CHANGING FACES OF JUVENILE JUSTICE, 1978, BY V LORNE STEWART - SEE NCJ-49291)

NCJ Number
49293
Author(s)
F WARD
Date Published
1978
Length
9 pages
Annotation
CONCEPTS AND PROGRAMS CONCERNING THE PREVENTION AND DIVERSION OF JUVENILE DELINQUENTS ARE EXAMINED.
Abstract
THE CONCEPTS OF PREVENTION AND DIVERSION IN RELATION TO JUVENILE DELINQUENCY ARE NOT NEW, BUT THE TERMS ARE OFTEN APPLIED TO RECREATIONAL PROGRAMS, CHILD GUIDANCE, SPECIAL SCHOOL COUNSELING, AND THE LIKE. THE TERM DIVERSION HAS MANY MEANINGS, BUT IT IS USUALLY USED TO DESCRIBE THE ASSIGNMENT OF OFFENDERS TO LESS RESTRICTIVE ALTERNATIVES. THE TERM PREVENTION IS OFTEN USED IN CONNECTION WITH EACH ELEMENT OF THE JUVENILE JUSTICE SYSTEM. A SYSTEM OF STANDARD DEFINITIONS IS NEEDED IN THE AREA. IN THE U.S. BOTH DIVERSION AND PREVENTION ARE BEING EMPHASIZED DUE TO THE RISING VOLUME OF ARRESTS AND THE REEXAMINATION OF THE ROLE OF JUVENILE AND FAMILY COURTS WITH RESPECT TO NONCRIMINAL AND MINOR CASES OF DELINQUENCY. THE JUVENILE COURT HAS BEEN CRITICIZED BOTH FOR IMPOSING PUNISHMENT ON JUVENILES WHO HAVE NOT ACTUALLY COMMITTED CRIMINAL ACTS AND FOR NOT DEALING ADEQUATELY WITH THE SERIOUS DELINQUENT. PREVENTION AND DIVERSION ARE STRATEGIES FOR RELIEVING THE JUVENILE COURT OF AN UNNECESSARY VOLUME OF CASES, TO ALLOW FOR THE HANDLING OF SERIOUS DELINQUENTS. THERE IS A STRONG MOVEMENT IN THE COUNTRY TO REMOVE CHILD STATUS OFFENSES FROM THE JURISDICTION OF THE COURTS; HOWEVER, THERE IS EVIDENCE FROM RECENT STUDIES THAT EVEN AFTER THESE CHILDREN WERE ACCORDED NONDELINQUENT STATUS, A LARGE NUMBER OF YOUTHS IN JAILS, DETENTION HOMES, AND CORRECTIONAL INSTITUTIONS WERE STATUS OFFENDERS, AND THEY REMAIN IN INSTIUTIONS LONGER THAN CHILDREN COMMITTED FOR ACTS OF DELINQUENCY. THERE HAS BEEN TOO LITTLE FOLLOWUP BY AGENTS AND INADEQUATE REFERRAL PROCEDURES. THE VOLUME OF DIVERSIONARY PROGRAMS IS INCREASING, STIMULATED IN PART BY THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT. DIVERSION IS BECOMING INSTITUTIONALIZED AS A MAJOR STRATEGY OF JUVENILE JUSTICE. THERE IS EVIDENCE THAT MORE POSITIVE RESULTS COULD BE OBTAINED IN THE AREA OF JUVENILE DELINQUENCY IF PREVENTION IS APPROACHED FROM A PROBLEM-SOLVING PERSPECTIVE RATHER THAN A MEDICAL AND MORAL PERSPECTIVE. THE YOUTH SERVICE BUREAUS ACROSS THE COUNTRY ARE GENERALLY CONCEDED TO OFFER SOME PROMISE AS COMMUNITY STRUCTURES, BUT THE MAIN OBJECTIVE OF DIVERSIONARY AND PREVENTIVE PROGRAMS SHOULD BE TO INVOLVE THE CHILDREN THEMSELVES IN THE SEARCH FOR SOLUTIONS TO THE PROBLEM. REFERENCES ARE FOOTNOTED. (DAG)