Bad kids : race and the transformation of the juvenile court
著者
書誌事項
Bad kids : race and the transformation of the juvenile court
（Studies in crime and public policy）
Oxford University Press, 1999
- : pbk
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注記
Bibliography: p. 343-365
Includes index
内容説明・目次
- 巻冊次
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ISBN 9780195097870
内容説明
Written by a leading scholar of juvenile justice, this book examines the social and legal changes that have transformed the juvenile court in the last three decades from a nominally rehabilitative welfare agency into a scaled-down criminal court for young offenders. It explores the complex relationship between race and youth crime to explain both the Supreme Court decisions to provide delinquents with procedural justice and the more recent political impetus to "get
tough" on young offenders. This provocative book will be necessary reading for criminal and juvenile justice scholars, sociologists, legislators, and juvenile justice personnel.
- 巻冊次
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: pbk ISBN 9780195097887
内容説明
Within the past three decades, social and legal changes have transformed the juvenile court from a nominally rehabilitative welfare agency into a second-class criminal court for young offenders. Recent efforts to "toughen" juvenile justice policies have resulted in increasingly harsh sanctions that fall disproportionately on minority youths. In this provocative new book, Barry Feld examines what went wrong with the juvenile court and proposes an alternative model
for youth crime control and child welfare.
The Progressive reformers who created the juvenile court a century ago saw children as relatively blameless and innocent. But recent decades of rising crime rates associated with urban decay have strained this tolerant view of young offenders. Feld relates the 1967 Supreme Court decision In re Gault to the broader social and legal changes associated with the civil rights movement and the Warren Court's "Due Process Revolution." Although gault mandated more elaborate
procedural safeguards in delinquency hearings, ironically, those protections legitimated the imposition of more punitive sanctions.
Since Gault, Feld argues, three decades of judicial, legislative, and administrative reforms have conducted a form of "criminological triage." At the "soft end," reforms have shifted noncriminal status offenders, primarily female and white, out of the juvenile justice system into a "hidden system" made up of private sector mental health and chemical dependency facilities. At the "hard end," states transfer increasing numbers of young offenders, disproportionately minorities, to
criminal court for prosecution as adults. Meanwhile, juvenile courts punish more severely those delinquents-again disproportionately minorities-who remain within the increasingly criminalized juvenile justice system.
Feld attributes the current state of affairs to a conceptual flaw inherent in the juvenile court. The juvenile justice system attempts to combine social welfare and social control functions in one organization, but inevitably fulfills both missions badly because of the inherent and irreconcilable contradictions between them. Progressive reformers situated the juvenile court on a number of cultural, legal, and criminological fault lines, where the ideas of child and adult, determinism
and free will, immature and responsible, treatment and punishment collide. The past three decades have witnessed a shift from the former to the latter of these binary pairs in response to the racial transformation of cities, the increase in serious youth crime, and the erosion of the rehabilitative
assumptions of the juvenile court.
The solution, Feld argues, is to uncouple social welfare from criminal social control. States could try all offenders in one integrated criminal justice system with appropriate modifications to accommodate the youthfulness of younger defendants: a graduated, age-culpability sentencing system, separate youth correctional facilities, and the like. Formally recognizing youthfulness as a mitigating factor would provide youths with greater protections and justice than they currently
receive in either the juvenile or criminal justice systems. At the same time such a strategy would enable public policies to address directly the social welfare needs of all young people.
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