Prosecuting Adolescents in Criminal Courts: Criminal or Juvenile Justice?
- 1 August 2003
- journal article
- Published by Oxford University Press (OUP) in Social Problems
- Vol. 50 (3), 439-460
- https://doi.org/10.1525/sp.2003.50.3.439
Abstract
Previous sociological research on courts has studied how court actors mobilize models of justice to shape court proceedings, yet no research examines how court actors approach cases of adolescents who are prosecuted in criminal (adult) courts. These cases raise a potential incongruity between a traditional 20th century "juvenile justice" model that focuses on rehabilitating individuals, and a traditional "criminal justice" model that focuses on punishment in proportion to severity of offenses. Drawing on observational research in a specialized criminal court that prosecutes adolescents, and on interviews of courtroom decision-makers, this article finds that court actors settle this incongruity by bifurcating court proceedings into two phases. They follow a criminal justice model during the initial phase of court proceedings, and a juvenile justice model during the latter, sentencing phase. They thus create a hybrid form of justice by implementing a sequential justice model, rather than relying solely on either a juvenile or a criminal model of justice throughout case processing. The results suggest that categorizations often applied to the contrast between juvenile and criminal courts may be misleading.Keywords
This publication has 15 references indexed in Scilit:
- Tough Love: Nurturing and Coercing Responsibility and Recovery in California Drug CourtsSocial Problems, 2003
- THEORIZING SANCTIONING IN A CRIMINALIZED JUVENILE COURT*Criminology, 2000
- Sentencing under the Federal Sentencing Guidelines: Effects of Defendant Characteristics, Guilty Pleas, and Departures on Sentence Outcomes for Drug Offenses, 1991-1992Law & Society Review, 1997
- Remnants of Parens Patriae in the Adjudicatory Hearing: Is a Fair Trial Possible in Juvenile Court?Crime & Delinquency, 1994
- Strange Interlude: An Analysis of Juvenile Parole Revocation Decision MakingSocial Problems, 1992
- The Juvenile Court Meets the Principle of the Offense: Legislative Changes in Juvenile Waiver StatutesThe Journal of Criminal Law and Criminology (1973-), 1987
- Is child saving dead? Attitudes toward juvenile rehabilitation in IllinoisJournal of Criminal Justice, 1983
- Racial Discrimination in Criminal Sentencing: A Critical Evaluation of the Evidence with Additional Evidence on the Death PenaltyAmerican Sociological Review, 1981
- Ceremonial Justice: Crime and Punishment in a Loosely Coupled SystemSocial Forces, 1979
- Extra-Legal Attributes and Criminal Sentencing: An Assessment of a Sociological ViewpointLaw & Society Review, 1974