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COUNTER-DETERRENCE - A REPORT ON JUVENILE SENTENCING AND EFFECTS OF PRISONIZATION

NCJ Number
51969
Author(s)
G R WHEELER
Date Published
1978
Length
204 pages
Annotation
JUVENILE SENTENCING PRACTICES AND TREATMENT MEASURES ARE SOCIOLOGICALLY, MORALLY, AND PHILOSOPHICALLY EXAMINED, AND ALTERNATIVE METHODS OF JUVENILE TREATMENT AND PUNISHMENT ARE SUGGESTED.
Abstract
THE THEORY AND RESULTS OF CURRENT JUVENILE SENTENCING AND PAROLE PRACTICES, INCLUDING THE SOCIAL EFFECTS OF THE 'REVOLVING DOOR' (DEFINED AS THAT SITUATION IN WHICH A STATE'S INSTITUTIONS ROUTINELY ADMIT NEW AND REPEAT OFFENDERS BUT RELEASE THEM WITHIN A SIMILAR AND PREDICTABLE TIME FRAME EXTRANEOUS TO OFFENDER CHARACTERISTICS) AND 'PRISONIZATION' (DEFINED AS THE EFFECTS OF INSTITUTIONALIZATION ON REHABILITATING AN OFFENDER) ARE EXAMINED. INDETERMINATE SENTENCING, RESULTING FROM A MEDICAL MODEL (RATHER THAN A JUSTICE MODEL) OF TREATMENT IS CONSIDERED IN RELATION TO ADULT DETERMINATE SENTENCING AND JUVENILE DELINQUENT CLASSIFICATION. TO DETERMINE THE RELATIONSHIP OF OFFENDER AND INSTITUTIONAL FACTORS TO THE LENGTH OF AN OFFENDER'S STAY IN AN INSTITUTION AND RECIDIVISM, THE CASES OF 686 JUVENILES IN NINE MIDWESTERN INSTITUTIONS WERE EXAMINED. FINDINGS DEMONSTRATED THAT SENTENCING FOR JUVENILE OFFENDERS IS DETERMINED MORE BY THE INSTITUTION'S PERSONALITY THAN BY THE OFFENDER'S INDIVIDUAL CHARACTERISTICS. THE RELATIONSHIP BETWEEN INDETERMINATE SENTENCES, UTILIZATION OF AN INSTITUTION'S CAPACITY, AND LENGTH OF JUVENILE OFFENDERS' ACTUAL INCARCERATION IS NOTED. THE PURPOSE AND NATURE OF JUVENILE PAROLE IS DISCUSSED, AND A LONG-TERM EFFECTS OF PROBATION SUBSIDY PROGRAMS AND NEW MONIES ON JUVENILE FACILITIES' SIZE AND COMPOSITION ARE PROJECTED. THE SECOND PART OF THE TEXT FOCUSES ON SIGNIFICANT SOCIAL POLICY ISSUES, JUVENILE JUSTICE REFORM, AND STRATEGIES OF DECRIMINALIZATION. TO ASSESS THE OFFICIAL ATTITUDE TOWARD FIXED SENTENCING LINKED TO SERIOUSNESS OF OFFENSE, 286 STATE JUVENILE CORRECTIONAL SUPERINTENDENTS WERE SURVEYED; FINDINGS INDICATED INTENSE AGENCY AND PROFESSIONAL SUPPORT OF INDETERMINATE SENTENCING. THE DEVELOPMENT OF PINS (PERSONS IN NEED OF SUPERVISION) LEGISLATION, ISSUES OF COERCIVE VERSUS VOLUNTARY TREATMENT, AND PROBLEMS WITH DECRIMINALIZATION ARE EXAMINED, AND IDEAL COMMUNITY-BASED AND INSTITUTIONAL REHABILITATION IS DESCRIBED. THE FINAL CHAPTER OFFERS SPECIFIC ALTERNATIVES FOR THE JUVENILE JUSTICE SYSTEM SUCH AS ABOLITION OF INDETERMINATE SENTENCING ARE ENDORSEMENT OF A NONCOERCIVE HUMANITARIAN POLICY IN ADMINISTERING COMMUNITY AGENCIES AND INSTITUTIONS FOR YOUTH. FIGURES AND TABULAR DATA ARE PROVIDED, AS WELL AS A BIBLIOGRAPHY AND INDEX. (AUTHOR ABSTRACT MODIFIED--DAG)