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7075-Article Text-13373-1-10-20160613 PDF
7075-Article Text-13373-1-10-20160613 PDF
7075-Article Text-13373-1-10-20160613 PDF
Abstract
their peers of a century ago. Adolescents to "Blaming a culpable actor for her voluntary
day are significantly different from those chil choice to do 'wrong' and giving her the conse
dren targeted by the early juvenile court. Fur quences that her choice deserves respect her
thern10re, developmental psychologists now integrity as a morally responsible individual."
recognize that there is little to distinguish ado The juvenile court's traditional emphasis on
lescents from adults on the grounds of compe treatment and rehabilitation not only denies a
tence, comprehension, and reasoning in mak youth ·s personal responsibility, but it "reduces
ing important decisions (Melton, 1983; Scott. offenders· duty to exercise self-control, erodes
l 992: Scott and Grisso, 1998). their obligation to change, and sustains a self
fulfilling prophecy that delinquency occurs
DIFFERENTIAL OPPRESSION THEORY AND SERI inevitably for youths from certain back
OllS JUVENILE OFFENDERS grounds" (Feld, 1999:323).
Differential oppression theory claims that The juvenile court's emphasis on treatment
much delinquency is the product of who chil and rehabilitation, denial of the competence
dren are in relation to adults. By defining chil of adolescents, and failure to recognize the
dren as objects, less socially and morally valu personhood of children justified differential
able than adults, and ultimately incapable of treatment of juvenile offenders. If differential
sufficiently mature reasoning and responsible oppression theory is correct, then serious, vio
action, it becomes easy to deny them criminal lent juvenile offenders must be held respon
responsibility and thus to relegate them to en sible and punished appropriately. Punishment
forced treatment. rehabilitation, and nurturing is not foreign to the juvenile justice system:
in the juvenile justice system. The refusal to The Supreme Court even noted in Kent r.
Volume 30. No. l. June 2002 Free Inqui ry in Creatil'e Socio/ogr 7
United States ( 1966) that in the juvenile cou11. Federal Bureau oflnvestigation.(200 I).Crime
''the child receives the worst of both worlds: he in the United States, 2000. Washington, DC:
gets neither the protections accorded to adults Department of Justice.
. �or the solicitous c,u-e and regenerative treat Feld, B.( 1999).Bad Kids: Race and the Trans
a ment postulated for children." Deserved fomzation of the Juvenile Court. New York:
inc,u-cerative punishment not only provides for Oxford University Press.
n limited rehabilitative needs of juvenile offend Fleisher. M. (1995). Beggars and Thieves.
ers and protects society from further possible Madison, WI: University of Wisconsin
crimes while the youth is incarcerated, it affirms Press.
the humanity and personhood of the child. Fogel. D.( 1975 ). ... We Are the Living P ro<f
In the final analysis, differential oppression .... Cincinnati: Anderson Publishing
theory, to be consistent with its underlying Company.
premise that children are competent. respon Freire, P. (1990). Pedagogy of the Oppressed.
sible, autonomous subjects who should be al New York: Continuum.
lowed the authorship of their own lives. must Freud, S. ( 1924). A General Introduction to
be respected and held criminally responsible for Psychoanalysis. New York: Boni and
their serious delinquencies.The social constrnc Live1ight.
tion of definitions of children as innocent. im - - - - - . ( 1925). The Standard Edition of the
mature, incompetent. and not capable of being Complete P sychological Works r<l Sigmund
r responsible for choices provides a broad justi Freud. Lond: Hogarth Press.
fication for the creation of a separate juvenile Hawes. J. (1971 ). Children in Urban Society:
justice system. This set of institutions ranging Juvenile Delinque11cy in Nineteenth Cent
from juvenile courts to miniature prisons, in tum. un· America. New York: Oxford.
t reinforces images of children as dependent and Heck, C. and Walsh. A. (2000). The Effects
f in need of different and special treatment.The of Maltreatment and Family Structure on
S beginning of this new millennium may be the Minor Serious Delinquency. Intemational
s right time to start to recognize the full human Journal o_f Offender Therapy and Comp
, ity of children. to grant them their moral value, arative Criminology 44: 178-193.
and to hold them equally responsible for their Katz, J. ( 1988). Seductio11s of Crime. New
choices. be they good or bad. York: Basic Books.
n Kelly. B.. Thornberry, T, and Smith, C.( 1997).
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