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NCJ Number: 63260 Find in a Library
Title: INDIVIDUAL DELINQUENT IN THE '70'S - THE FAILURE OF ACADEMIC CRIMINOLOGY IN THE AREA OF CAUSAL THEORY
Journal: LAE (LAMBDA ALPHA EPSILON) JOURNAL OF THE AMERICAN CRIMINAL JUSTICE ASSOCIATION  Volume:42  Issue:NOS 1 AND 2  Dated:(WINTER/SPRING 1979)  Pages:41-46
Author(s): S FLEMING
Date Published: 1979
Page Count: 6
Sponsoring Agency: American Criminal Justice Association
Format: Article
Language: English
Country: United States of America
Annotation: PRESSURES ON THE JUVENILE JUSTICE SYSTEM HAVE DIVERTED YOUNG OFFENDERS INTO THE COMMUNITY MENTAL HEALTH SYSTEM AND THE ADULT CRIMINAL JUSTICE SYSTEM, A SITUATION FOR WHICH CRIMINOLOGISTS ARE PARTIALLY TO BLAME.
Abstract: RECENT INNOVATIONS IN CAUSAL THEORY, SUCH AS LABELING, THE 'NEW CRIMINOLOGY,' AND SOCIOBIOLOGY HAVE HAD LITTLE PRACTICAL EFFECT ON DELINQUENCY RATES. FOR LACK OF OTHER DEPENDABLE CAUSAL THEORIES, THE JUVENILE JUSTICE SYSTEM CONTINUES TO RELY ON 'DIVESTMENT,' THE CLASSIFYING OF DEVIANTS AS MENTALLY ILL IN ORDER TO JUSTIFY THEIR DIVERSION FROM THE JUSTICE SYSTEM TO THE MENTAL HEALTH SYSTEM. THIS PROCESS THREATENS TO CREATE A 'THERAPEUTIC STATE' IN WHICH MEDICAL RATHER THAN JUDICIAL PERSONNEL CONTROL PEOPLE. RECENT SUPREME COURT DECISIONS HAVE CURTAILED THE DISCRETIONARY POWER OF THE MEDICAL PROFESSION OVER ADULT OFFENDERS BUT FAILED TO EXTEND THE PROVISIONS TO JUVENILES. PRESSURES ON THE COURTS TO REDUCE INCARCERATION HAVE LED TO INCREASED USE OF COMMUNITY MENTAL HEALTH PROGRAMS FOR JUVENILES, WHICH RANGE FROM MILD SUPERVISION TO INCARCERATION IN CLOSED INSTITUTIONS. HERE INMATES ARE UNDER TOTAL COERCIVE CONTROL WITHOUT RECOURSE TO JUDICIAL RELIEF BECAUSE THEIR CONFINEMENT IS DEEMED PROTECTIVE RATHER THAN PUNITIVE. MOREOVER, GROWING PUBLIC AWARENESS OF THE NEED FOR PROTECTION FROM VIOLENT JUVENILE DELINQUENTS HAS LED TO THEIR DIVERSION INTO THE ADULT CRIMINAL JUSTICE SYSTEM, WHERE REHABILITATION IS EVEN LESS LIKELY. CRIMINOLOGISTS SHOULD RENEW THE SEARCH FOR A VALID CAUSAL THEORY FOR JUVENILE DELINQUENCY AND THUS ADVANCE PREVENTIVE PROGRAMS NOW LACKING. FOOTNOTES AND REFERENCES ARE INCLUDED. (MRK)
Index Term(s): Juvenile court diversion; Juvenile court waiver; Juvenile diversion programs; Juvenile justice system
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=63260

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