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CALIFORNIA'S ANTIQUATED JUVENILE JUSTICE SYSTEM - A PROGRAM FOR REFORM

NCJ Number
54474
Journal
Journal of California Law Enforcement Volume: 9 Issue: 4 Dated: (1975) Pages: 145-155
Author(s)
R M MCLENNAN
Date Published
1975
Length
11 pages
Annotation
THE GROWTH IN CALIFORNIA'S RATE OF SERIOUS DELINQUENT CRIME IS DOCUMENTED, THE INADEQUACIES OF THE EXISTING JUVENILE JUSTICE SYSTEM DISCUSSED, AND RECOMMENDATIONS FOR LEGISLATIVE REFORM ARE PRESENTED.
Abstract
VIOLENT JUVENILE CRIMES HAVE BEEN INCREASING RAPIDLY IN CALIFORNIA, PARTICULARLY IN URBAN AREAS. DATA ARE PRESENTED TO SUPPORT THIS VIEW. DESPITE THE GROWTH OF CALIFORNIA'S POPULATION UNDER AGE 18 AND THE PHENOMENAL INCREASE IN SERIOUS JUVENILE CRIME, COMMITMENTS TO JUVENILE CORRECTIONAL FACILITIES ARE LOWER THAN IN THE PAST. WHEREAS, IN 1965, 6,190 JUVENILES WERE INCARCERATED IN JUVENILE CORRECTIONAL FACILITIES, ONLY 2,758 WERE SENTENCED IN 1975--A DECLINE OF 55 PERCENT. THIS TREND HAS OCCURRED BECAUSE IT IS CURRENT STATE POLICY TO ENCOURAGE DIVERSION OF JUVENILES TO COMMUNITY-BASED COUNSELING OR SUPERVISION PROGRAMS. COURT DISPOSITIONAL DATA ARE PROVIDED TO SUPPORT THIS CONCLUSION. WHILE THESE PROGRAMS HAVE PROVEN EFFECTIVE WITH FIRST-TIME OFFENDERS AND THOSE CONVICTED OF MINOR CRIMES, THEY HAVE PROVEN INADEQUATE IN CONTROLLING THE CRIMINAL BEHAVIOR OF 'HARDCORE' (POLICE DESIGNATION FOR JUVENILES WITH 10 OR MORE ARRESTS, WITH 5 BEING FELONY CRIMES) OR VIOLENT OFFENDERS. TWO CASE HISTORIES OF 'HARDCORE' JUVENILE OFFENDERS ARE PRESENTED TO SUPPORT THIS JUDGEMENT. THE WELFARE AND INSTITUTIONS CODES REQUIRE THE JUVENILE COURTS AND THE JUVENILE JUSTICE SYSTEM IN GENERAL TO SERVE AS SURROGATE PARENTS FOR JUVENILE DELINQUENTS, WITH EMPHASIS ON REHABILITATION AND DEEMPHASIS ON THE NATURE OF THE CRIMINAL BEHAVIOR. KEY SECTIONS OF THIS CODE ARE CITED TO SHOW ITS INADEQUACY FOR DEALING WITH HARDENED JUVENILE CRIMINALS. THE PROBATION SUBSIDY PROGRAM FUNDED BY THE STATE TO ENCOURAGE PROBATION SERVICES AND INADEQUATE CORRECTIONAL FACILITIES ALSO UNDERMINE EFFECTIVE APPROACHES TO HANDLING HARDCORE JUVENILE CRIMINALS. THE AUTHOR, AT THE TIME OF WRITING, HAD INTRODUCED BILL AB 791 IN THE STATE LEGISLATURE. ITS PRIMARY PURPOSE IS TO EXCLUDE HARDCORE JUVENILE CRIMINALS FROM JUVENILE COURTS AND PLACE THEM UNDER THE JURISDICTION OF THE ADULT COURT. DETAILS OF THE BILL ARE DISCUSSED AND LONG-RANGE REFORMS ARE SUGGESTED.