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Processual aspects of delinquency hearings and the child's perspective
Başlık:
Processual aspects of delinquency hearings and the child's perspective
Yazar:
Erickson, Patricia Gail, author.
ISBN:
9780438060814
Yazar Ek Girişi:
Fiziksel Tanımlama:
1 electronic resource (235 pages)
Genel Not:
Source: Dissertation Abstracts International, Volume: 76-08C.
Advisors: Fred M. Martin.
Özet:
With the advent of the children's Hearings System in 1971, Scottish juvenile justice took a decidedly new direction. In place of courts, a tribunal of lay members of the community, with the participation and involvement of the child and family, would make dispositional decisions about children traditionally viewed as "delinquent." A principal aim of this study was to provide consumer evaluation of the hearings system based on children's experiences and reactions. Interest in juveniles' perceptions of the agencies and agents which process them, recognizing as it does the young person's ability and right to respond and make judgements, is a fairly recent addition to efforts at understanding the phenomenon of delinquency. The research was guided also by other related concerns shared by scholars in juvenile justice. The "labelling" or "societal reaction" perspective has directed attention to the potentially harmful consequences of official responses to delinquency by agents of social control. These are thought to be that further offending will be fostered when individuals labelled "delinquent" view themselves that way, and believe that others share this stigmatizing identification. The crucial step marking the transition from "primary" to "secondary" deviance (i.e. to a delinquent career, in Lemert's terminology) is the nature of the audience response. This conceptualization of delinquency as "made worse" by official processing has provided a rationale for non-intervention, in contrast to the traditional "best interests" juvenile court philosophy which favoured early intervention and treatment. An examination of the impact of these two opposing perspectives on juvenile justice legislation showed that Canada and the United States have moved from a predominantly interventionist to a non interventionist mode. England, on the other hand, has displayed more committment to intervention based on social welfare principles of late. A similar trend has been evident in Scotland, but the system there seems more of an amalgam of the different approaches, depending on which stage of response is being considered. A review of the empirical evidence concerning the impact of juvenile justice processing on perceptions of stigma and self labelling as delinquent produced mixed findings. While a number of important factors were identified which could apparently affect these outcomes, no studies had examined interactional aspects of the setting (i.e. the manner in which the label was applied) in relation to the impact on the child. Critics of labelling have pointed out that "positive" effects such as re-integration into the community and conformity to laws can also result from official intervention; here too the nature of the labelling experience has been deemed significant. Accordingly, various hypotheses about the effects of labelling as delinquent were set in the context of the Scottish system, resulting in the proposition that hearings would be "low stigma/low labelling" organization relative to traditional courts.The method employed was to observe the hearings of, and then interview, 105 juveniles appearing on offence grounds. A descriptive account of children's reactions to the hearing events which they experienced showed that hearings seem more highly rated on comprehension, satisfaction, participation, fairness and involvement than courts generally were found to be in similar studies in other jurisdictions. Acceptance of the label "criminal" was shown by about one quarter of the sample. The proportions anticipating liability in relations with others as a result of the hearing were higher, especially from police and future employers, where about 2/3 and 3/4, respectively, of respondents expected stigmatizing consequences. These outcomes were found to be related, in a complex variety of ways, not only to personal and legal background, but also the "style" displayed by panel members towards the juveniles. These findings were viewed as supportive of the importance of the setting, and the interpersonal process of labelling that occurs there, in enhancing senses of stigma and delinquent identity. Also, the implication was raised that whether hearings function as "low stigma/self labelling" or "high stigma/self labelling" organizations may depend to a large extent on how the hearing is conducted by individual panel members. This is due to, perhaps, the great leeway provided in this system for these decision makers to offer comments on virtually any aspect of the child's behaviour or character that they wish. Some children, particularly the younger, first offenders, appeared more vulnerable to negative commentary, but even repeaters seemed responsive to favourable remarks about themselves. This study suggests that patterns of interaction in delinquency hearings, not just intervention per se, should receive more attention in future efforts to understand the impact of the labelling process as it may contribute to the cessation or persistence of delinquency.
Notlar:
School code: 0547
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Yer Numarası | Demirbaş Numarası | Shelf Location | Lokasyon / Statüsü / İade Tarihi |
---|---|---|---|
XX(684850.1) | 684850-1001 | Proquest E-Tez Koleksiyonu | Arıyor... |
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