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Balancing Juvenile Justice, now in a paperback format of a recently expanded and revised edition, is a comprehensive discussion of the primary considerations policymakers should use in striking a balance between holding youths responsible for past behavior, and providing services and opportunities so that their future behavior will be guided by constructive, rather than destructive, forces. The topics covered include: trends in philosophy and politics; a review of state and local reforms in juvenile justice; the changing role of the juvenile court; development of a balanced continuum of correctional programs; and strategies for reform.
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Juvenile justice, Administration of--United States, Juvenile corrections--United States.
publication date
:
1996
lcc
:
HV9104.G83 1996eb
ddc
:
364.3/6/0973
subject
:
Juvenile justice, Administration of--United States, Juvenile corrections--United States.
Page iii
Balancing Juvenile Justice
Susan Guarino-Ghezzi and Edward J. Loughran
Page iv
First paperback edition 1998 Copyright 1996 by Transaction Publishers, New Brunswick, New Jersey 08903.
All rights reserved under International and Pan-American Copyright Conventions. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without prior permission in writing from the publisher. All inquiries should be addressed to Transaction Publishers, RutgersThe State University, New Brunswick, New Jersey 08903.
This book is printed on acid-free paper that meets the American National Standard for Permanence of Paper for Printed Library Materials.
Library of Congress Catalog Number: 95-18852 ISBN: 1-56000-213-1 (cloth); 0-7658-0453-0 (paper) Printed in the United States of America
Library of Congress Cataloging-in-Publication Data
Guarino-Ghezzi, Susan. Balancing juvenile justice / Susan Guarino-Ghezzi and Edward L. Loughran. p. cm. Includes bibliographical references and index. ISBN 1-56000-213-1 (alk. paper) 1. Juvenile justice, Administration ofUnited States. 2. Juvenile cor rectionsUnited States. I. Loughran, Edward L. II. Title. HV9104.G83 1995 364.3'6'0973dc20 95-18852 CIP
Page v
Contents
Preface
vii
1. Trends in Philosophy and Politics
1
2. State Reforms in Juvenile Corrections
33
3. Local Reforms in Juvenile Corrections
65
4. The Changing Role of the Juvenile Court
87
5. Balanced Decision Making in Juvenile Corrections
115
6. Development of a Balanced Continuum of Correctional Programs
137
7. The Possibility of a Balanced Juvenile Justice System
163
Appendixes
183
References
193
Index
207
Page vii
Preface
An August 1994 editorial in The New York Times, noting that juveniles are the fastest-growing segment of persons arrested in the United States, and that the number of juveniles arrested for violent crimes has nearly quadrupled since 1965, placed the blame on "the lenient juvenile justice system introduced in most states during the 1960s. The message that dysfunctional system sends to violence-prone young people is that actions don't have consequences" (New York Times, 18 August 1994). Similarly, a Wall Street Journal editorial published in the fall of 1993 reported that "[w]hen asked to name a cause for the increase in youth violence, law enforcement officials largely single out the nation's system of so-called juvenile justice. Set up some 30 years ago to protect immature kids who might get arrested for truancy, shoplifting or joy riding, it is ill equipped to cope with the violent children of the 1990s who are robbing, raping and murdering" (Wall Street Journal, 28 September 1993).
In reality, the American system of juvenile justice began nearly a century ago based on the English chancery court, which handled the estates of orphaned children, in an effort to protect children whose parents were unable, unwilling, or simply ineffective as parents to control the behavior of their offspring. Sadly, the situation of youths in juvenile court has not improved from 100 years agofamily issues, poverty and community crime problems overshadow their lives. Only today, the dangers of being young in the United States are much greater. The Centers for Disease Control reported recently that the homicide rate among young men fifteen to nineteen years old more than doubled between 1985 and 1991, and that after accidents, homicide is ranked as the number two cause of death among males in that age group.
Page viii
Those who are searching for a solution to the juvenile crime problem are not going to find it in most juvenile justice systems of the United States. That is because most juvenile justice systems, in reality, do not function as systems. Their componentspolice, courts, correctional programs, legislation, constitutional oversightlack unity of purpose. Competition is more typical than cooperation. Inertia is a common characteristic because the diverse philosophies of stakeholders within and outside of the core agencies paralyze those who run the system. Various agencies working at cross-purposes inevitably render the "system" agonizingly complicated and ineffective.
With vision and cautious optimism, we liken a balanced model in juvenile justice to an effective family model in which punishments and rewards for children satisfy multiple purposesan ideal taken for granted in most middle-class families. The need for a balanced model that incorporates multiple purposes was captured in a
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