Bad Kids : Race and the Transformation of the Juvenile Court
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.
- Paperback | 392 pages
- 155.4 x 233.9 x 28.4mm | 592.2g
- 18 Mar 1999
- Oxford University Press
- Oxford, United Kingdom
- Revised ed.
- 11 line illus
Other books in this series
21 Nov 2002
18 Nov 2004
29 Jul 2010
12 Jan 2006
or course, his trademark argument in favor of abolishing the juvenile court." Punishment and Society111 "An extraordinary contribution to the study of crime and criminal justice."-Outstanding Book Award Citation, The Academy of Criminal Justice Sciences "...compelling...he does...correctly identify the conceptual flaw in a system."-Juvenile Justice Update "This book is written by a leading scholar and a committed advocate of social justice for children....This is a compelling and thoughtful book, controversial and radical to many....it is the best we have to get those of us stuck at the crossroads onto the right road into the next 100 years of the juvenile system in America."-Federal Probation
About Barry C. Feld