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WHOM IS SHE OFFENDING?

NCJ Number
57964
Journal
Liaison Volume: 5 Issue: 2 Dated: (FEBRUARY 1979) Pages: 10-17,39
Author(s)
ANON
Date Published
1979
Length
8 pages
Annotation
YOUNG WOMEN SUFFER FROM A DOUBLE STANDARD SET BY THE ROLE OF PARENS PATRIAE-THE SOLICITOUS FATHER FIGURE-WHICH MAKES CERTAIN ACTIONS ILLEGAL FOR GIRLS AND LAUDABLE FOR BOYS.
Abstract
THE INCREASE IN FEMALE ARRESTS HAS BEEN PARTICULARLY MARKED FOR YOUNG WOMEN UNDER 18. BETWEEN 1960 AND 1975, ARRESTS FOR THIS GROUP INCREASED 253.9 PERCENT. THE REASON CANNOT BE SOLELY ATTRIBUTED TO CHALLENGES TO THE TRADITIONAL FEMALE ROLE. EVEN TODAY, JUVENILES CAN BE TAKEN INTO CUSTODY FOR A WIDE RANGE OF BEHAVIORS THAT ARE NOT CRIMINAL BUT RATHER VIOLATIONS OF PARENTAL AUTHORITY. THESE CATEGORIES INVITE SUBSTANTIAL AMOUNTS OF BOTH PARENTAL AND OFFICIAL DISCRETION. THIS IS BECAUSE FAMILIES HAVE ALWAYS HAD VERY DIFFERENT EXPECTATIONS OF THEIR MALE AND FEMALE CHILDREN. FINDINGS OF RECENT STUDIES INDICATE THAT YOUNG FEMALES HAVE ALWAYS BEEN MORE LIKELY THAN THEIR MALE COUNTERPARTS TO BE REFERRED TO JUVENILE COURT FOR OFFENSES THAT REPRESENT VIOLATIONS OF PARENTAL AUTHORITY (STATUS OFFENSES). FINDINGS ALSO SHOW THE IMPORTANCE OF THE PARENTAL ROLE IN THE INITIATION OF NONCRIMINAL COMPLAINTS. IN ADDITION, STUDIES INDICATE A COMPLEX POLICE ARREST RESPONSE, INCLUDING A RELATIVELY HARSH POLICE RESPONSE TO PREDOMINANTLY NONCRIMINAL ACTIVITY OF THE YOUNG FEMALES. ADOLESCENT FEMALES ARE OVERREPRESENTED IN JUVENILE DETENTION FACILITIES AND JAILS, HELD LONGER, AND FREQUENTLY LABELED AS SEXUALLY PROMISCUOUS. FURTHER, A NUMBER OF STUDIES SHOW THAT COURT OFFICERS RESPOND AT LEAST AS SEVERELY TO FEMALES, MOST OF WHOM WERE REFERRED FOR STATUS OFFENSES, AS THEY DO TO MALES REFERRED FOR CRIMINAL MISCONDUCT. THE EXPLANATION MAY LIE IN A LACK OF CLEAR GUIDELINES SO THAT MANY JUDGES FALL BACK ON THE ROLE OF THE BENEVOLENT BUT HARSH PARENT. (AOP)