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Detention Decisions in Juvenile Cases: JINs, JDs, and Gender

Published online by Cambridge University Press:  01 July 2024

Russell K. Schutt  and
Dale Dannefer
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Abstract

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Preadjudicatory detention is used for about one-third of all juvenile offenders (Poulin et al., 1980). A protectionist purpose is often held to justify both the need for discretionary decision making in these cases and the absence of due process protections. In this study, we have included measures of juvenile offenders' socioemotional status with indicators of their legal status and social background in a log-linear analysis of detention decisions in New Jersey. The results suggest that protectionism is a major influence on these decisions and is in turn related to the impact of gender.

Type
Research Note
Information
Law & Society Review , Volume 22 , Issue 3 , 1988 , pp. 509 - 520
Copyright
Copyright © 1988 by The Law and Society Association

Footnotes

The authors are grateful to William P. Bridges, David A. Knoke, and Calvin Larson for their comments. The data for this study were collected under the auspices of the Department of Institutions and Agencies, State of New Jersey, with funds provided by that agency and by the federal Law Enforcement Assistance Administration. An earlier version of this paper was presented at the 1986 annual meeting of the Law and Society Association, Chicago.

References

References

ABADINSKY, Howard (1976) “The Status Offense Dilemma: Coercion and Treatment,” 22 Crime and Delinquency 456.Google Scholar
ARMSTRONG, Gail (1977) “Females Under the Law—‘Protected’ but Unequal,” 23 Crime and Delinquency 109.Google Scholar
BARTON, William H. (1976) “Discretionary Decision-Making in Juvenile Justice,” 22 Crime and Delinquency 470.Google Scholar
BOOKIN-WEINER, Hedy (1984) “Assuming Responsibility: Legalizing Preadjudicatory Juvenile Detention,” 30 Crime and Delinquency 39.Google Scholar
BORTNER, M.A. (1982) Inside a Juvenile Court: The Tarnished Ideal of Individualized Justice. New York: New York University Press.Google Scholar
BROWN, M. B. (1976) “Screening Effects in Multidimensional Contingency Tables,” 25 Applied Statistics 37.Google Scholar
BURKE, Peter J., and Austin T., TURK (1975) “Factors Affecting Postarrest Disposition: A Model for Analysis.” 22 Social Problems 313.Google Scholar
CHESNEY-LIND, Meda (1977) “Judicial Paternalism and the Female Status Offender: Training Women to Know Their Place,” 23 Crime and Delinquency 121.Google Scholar
COHEN, Lawrence F., and James R., KLUEGEL (1979) “The Detention Decision: A Study of the Impact of Social Characteristics and Legal Factors in Two Metropolitan Juvenile Courts,” 58 Social Forces 146.Google Scholar
DANNEFER, Dale (1984) “‘Who Signs the Complaint?‘ Relational Distance and the Juvenile Justice Process,” 18 Law & Society Review 249.Google Scholar
DANNEFER, Dale, and Joseph, DEJAMES (1979) Juvenile Justice in New Jersey: An Assessment of the New Juvenile Code. Trenton: State of New Jersey.Google Scholar
DANNEFER, Dale, and Russell K., SCHUTT (1982) “Race and Juvenile Justice Processing in Court and Police Agencies,” 87 American Journal of Sociology 1113.Google Scholar
DATESMAN, Susan K., and Frank R., SCARPITTI (1977) “Unequal Protection for Males and Females in the Juvenile Court,” in Ferdinand, T. N. (ed.), Juvenile Delinquency: Little Brother Grows Up. Beverly Hills: Sage.Google Scholar
DUNGWORTH, Terence (1977) “Discretion in the Juvenile Justice System: The Impact of Case Characteristics on Prehearing Detention,” in Ferdinand, T.N. (ed.), Juvenile Delinquency: Little Brother Grows Up. Beverly Hills: Sage.Google Scholar
FRAZIER, Charles E., and Donna M., BISHOP (1985) “The Pretrial Detention of Juveniles and Its Impact on Case Dispositions,” 76 Journal of Criminal Law and Criminology 1132.Google Scholar
GOODMAN, Leo A. (1972) “A Modified Multiple Regression Approach to the Analysis of Dichotomous Variables,” 37 American Sociological Review 28.Google Scholar
GOODMAN, Leo A. (1971) “The Analysis of Multidimensional Contingency Tables: Stepwise Procedures and Direct Estimation Methods for Building Models for Multiple Classifications,” 13 Technometrics 33.Google Scholar
GOODMAN, Leo A. (1970) “The Multivariate Analysis of Qualitative Data: Interactions Among Multiple Classifications,” 65 Journal of the American Statistical Association 226.Google Scholar
GOODMAN, Leo A. (1969) “How to Ransack Social Mobility Tables and Other Kinds of Cross-Classification Tables,” 75 American Journal of Sociology 1.Google Scholar
HANUSHEK, Eric A., and John E., JACKSON (1977) Statistical Methods for Social Scientists. New York: Academic Press.Google Scholar
JENKINS, Richard L., HEIDEMANN, Preben H., and James A., CAPUTO (1985) No Single Cause: Juvenile Delinquency and the Search for Effective Treatment. College Park, MD: American Correctional Association.Google Scholar
KRISBERG, Barry, and Ira, SCHWARTZ (1983) “Rethinking Juvenile Justice,” 29 Crime and Delinquency 333.Google Scholar
KROHN, Marvin D., CURRY, James P., and Shirley, NELSON-KILGER (1983) “Is Chivalry Dead?: An Analysis of Changes in Police Dispositions of Males and Females,” 21 Criminology 417.Google Scholar
PAWLAK, Edward J. (1977) “Differential Selection of Juveniles for Detention,” 14 Journal of Research in Crime Delinquency 152.Google Scholar
PLATT, Anthony (1969) The Child Sayers: The Invention of Delinquency. Chicago: University of Chicago Press.Google Scholar
POULIN, John E., LEVITT, John L., YOUNG, Thomas M., and Donnell M., PAPPENFORT (1980) Juveniles in Detention Centers and Jails: An Analysis of State Variations During the Mid 1970's. Washington DC: National Institute for Juvenile Justice and Delinquency Prevention, Office of Juvenile Justice and Delinquency Prevention, Law Enforcement Assistance Administration, United States Department of Justice.Google Scholar
RUBIN, H. Ted (1980) “The Emerging Prosecutor Dominance of the Juvenile Court Intake Process,” 26 Crime and Delinquency 299.Google Scholar
SARRI, Rosemary C. (1983) “Gender Issues in Juvenile Justice,” 29 Crime and Delinquency 381.Google Scholar
STAPLES, William G. (1984) “Toward a Structural Perspective on Gender Bias in the Juvenile Court,” 27 Sociological Perspectives 349.Google Scholar
SUMNER, Helen (1970) Locking Them Up. Davis, CA: National Council on Crime and Delinquency.Google Scholar
SUTTON, John R. (1985) “The Juvenile Court and Social Welfare: Dynamics of Progressive Reform,” 19 Law & Society Review 107.Google Scholar
TEILMAN, Katherine S., and Pierre H., LANDRY Jr. (1981) “Gender Bias in Juvenile Justice,” 18 Journal of Research in Crime and Delinquency 47.Google Scholar

Cases Cited

In re Gault, 387 U.S. 1 (1967).Google Scholar
Kent v. U.S., 383 U.S. 541 (1966).Google Scholar
In re Winship, 397 U.S. 358 (1970).Google Scholar

Statutes Cited

Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. § 5601 et. seq.).Google Scholar
State of New Jersey. Laws of 1973, chapter 306.Google Scholar