Presidential address: Juvenile justice at the crossroads: Presidential address to the academy of criminal justice sciences

Three interacting factors appear to significantly affect our treatment of youths and thus our juvenile justice policy: ideology, the media, and politics. As a result of these factors, although juvenile violent crime is decreasing, legislatures still advocate a harsh, punitive stance toward youthful offenders. Legislative initiatives have resulted in determinate sentencing for juveniles, more youths handled by the adult criminal court, and more youths sentenced to adult institutions. Recent evidence suggests that the public supports more prevention and early intervention strategies for youths and favors rehabilitation rather than punishment. These conflicting trends suggest that we are at a crossroads: the juvenile justice system can continue its harsh, reactive stance, or it can choose a more proactive approach. The members of the Academy of Criminal Justice Sciences have an opportunity to play an active role in the development of criminal justice policy.     

Juvenile justice: a basic framework for the implementation of a functional juvenile justice system

The provision of appeal in arbitration law is a place where the judicial intervention can take place. One of the reasons many parties choose arbitration over litigation is the finality of the arbitral award even though a trial court may be more likely to deliver a legally correct result. The scope of appeal to the court in matters relating to arbitration is made very much limited by the statute in India. But despite several constraints and restrictions imposed by the legislature, this paper argues, the role of the judiciary still vastly remains interventionist in nature in some form or the other which is unacceptable.     

Juvenile justice reform and the courtroom workgroup: Issues of perception and workload

Criminal justice policies may be enacted, but the actual implementation of those policies depends upon those working on the frontline. Policies that affect how cases are processed in the courtroom can be thwarted by the efforts of courtroom workgroup members. The present study analyzed how courtroom workgroups adjusted to a new juvenile justice policy. Qualitative interviews demonstrated that while there was widespread agreement on the basic tenets of the reform, perceptions of the reform varied by confidence in workgroup membership. Further, the reform inherently increased the workload for some and decreased the workload for others. Those whose workload increased discussed subverting the reform effort in order to continue with business as usual. These findings demonstrated that effective policies must consider the needs of workgroups as adaptation of policies in actual practice depend upon workgroup members' support.     

An outcome evaluation of a restorative justice alternative to incarceration

Restorative justice has become an increasingly popular alternative to traditional applications of criminal justice. The emphasis on victim needs and the personalizing of conflict resolution offers an attractive choice for those dissatisfied with the adversarial, impersonal, and retributive focus of the present criminal justice system. Many evaluations of restorative justice programs, especially those with a diversion goal, have rarely controlled for the possibility of net widening and the influence of offender risk on recidivism. This evaluation examined a prison diversion program that followed restorative justice principles. Using a matched comparison group and controlling for offender risk, the program demonstrated a diversion effect and a significant reduction in offender recidivism. The results are encouraging for jurisdictions experimenting with this new approach to justice and seeking a more integrated role for victims in criminal justice processing.     

Human justice: An elegy

Kwantlen University College     

Knowledge management and administration of justice

Legal knowledge management is probably, taking aside legal reasoning, the most important activity in legal systems. Usually only treated as an important support factor, a deeper analysis shows that knowledge management improves efficiency in knowledge handling and offers important support for legal reasoning. In addition, standard cases may be solved using such methods. With knowledge management, the industrialization of the intellect has entered the field of administration of justice. The main applications are legal information systems, electronic registers and electronic communications.     

Developments in juvenile justice during the decade of the 70s: Juvenile detention facilities

A number of important developments in juvenile justice during the decade of the 70s are identified. Data were obtained from a sample of juvenile detention facilities in the late 1960s and again, from the same sample, in the late 1970s. The data obtained included the perceived purpose of detention, information concerning the detainees and personnel, and procedural and program information. The two sets of data were compared to determine whether the developments in the juvenile justice system were reflected in the detention segment of the system.     

Implementing randomized experiments in criminal justice settings: An evaluation of multi-systemic therapy in the Netherlands

This paper addresses several issues that we encountered when implementing a randomized experiment to evaluate a promising intervention for serious juvenile delinquents, multi-systemic therapy (MST). The issues overlap with issues others experienced when trying to conduct randomized experiments in clinical practice, but are complicated because MST takes place in a legal context. The complex juvenile justice system makes it difficult to come up with a simple system of randomization. Problems encountered are the complexity of the referral process in this type of intervention, legal issues and the ethical concerns raised by clinicians. Our experiences might be useful to others planning to carry out a randomized efficacy study within the juvenile justice system. Firstly, other researchers might feel supported if they realize that others experience similar problems, and, secondly, we provide some concrete suggestions concerning the following: selecting the procedures and determining the moment of randomization, dealing with and overcoming the resistance of institutions involved, maintaining the cooperation of both the institution and the sample, and keeping turnover of research staff to a minimum.     

Reducing delay in the administration of justice: The case of Uganda

This is a revised version of a paper presented at a conference organized by the Society for the Reform of Criminal Law on Criminal Law Reform in Southern Africa, Windhoek, Namibia, June 15–17, 1992.     

Juvenile delinquency and the juvenile justice system: U.S. and India

The paper deals with comparative issues in the definition, nature, and extent of juvenile delinquency, juvenile law, juvenile justice with special reference to India and the United States. Through an analysis of comparative data on patterns of delinquency differentials on the variables of sex, age, social class, and type of offense, the paper identifies the similarities between the two countries. The paper notes one exception regarding patterns of delinquency that indicate a relatively negligible involvement of the Indian juveniles in the crime of rape due to the cultural and socialization differences. The paper discusses the provisions under the Children Act of 1960 in India and points that both in philosophy and practice, the parens patriae doctrine in juvenile justice fares better in the Indian context. Unlike in the U.S., juveniles in India do not have certain Constitutional due process rights, such as the right to an attorney, yet the children courts in India serve as criminal courts and the Indian act provides for greater procedural safeguards. The paper also suggests that the disposition of juvenile cases in India results in lesser hard-core institutional commitment than in the U.S. and that the maximum period of punishment does not exceed the limits provided for the offense as stipulated by the Indian act.     

The conference of European affairs committees: A collective voice for national parliaments in the European union

The role of national parliaments in the European Union has been the subject of intense debate in the last decade. The Maastricht and Amsterdam Treaties contained significant texts aimed at enhancing the role of national parliaments. Several major political figures in Europe have recently discussed the case for making the collective voice of national parliaments better heard and this issue is firmly on the ‘post‐Nice’ agenda.’ In parallel, an important debate has been running between the parliaments themselves about a collective role for national parliaments. Since 1989, a little‐known body has provided a forum for these debates. This article aims to set out the history of that body, and to highlight some of the issues surrounding an enhanced role for national parliaments.     

The availability,accessibility, and level of computerization of criminal justice data: An interstate comparison

As a result of the decentralized system of American criminal justice, state information systems have developed in a fragmented manner. Thus, the availability of justice data, which is one product of these systems, varies greatly between states. Although these disparities are widely acknowledged, very little information exists on the extent of the disparities. This article compares data availability across states as well as the level of computerization of these data, and the facility with which criminal justice agencies share the data with other state justice agencies. These variables are important because thorough data availability, a high level of computerization, and a willingness to share existing data can increase the quality and timeliness of criminal justice policy making.     

Thinking about the future in criminal justice administration: Trends and implications

This paper utilizes the technology of Futures Research to discuss issues that may confront the criminal justice system in the year 2000. Conceptually, the criminal justice agencies are viewed as a social system which is open to external influence both in terms of organizational design and operation. The specific model of criminal justice agencies is based on the work of Lyman Porter and recognizes three primary factors: 1) contextual factors; 2) structural factors; and 3) behavioral consequences. The specific administrative issues discussed are derived from a series of long term social trends identified by futurist Herman Kahn of the Hudson Institute.     

An evaluation of Montana's child welfare court pre-hearing conference pilot project

Pre-hearing conferences are a form of alternative dispute resolution that have been implemented into the child welfare court process. Montana recently piloted a pre-hearing conference model to occur before the first hearing on the case. The goal of the pilot was to increase discussion and resolution of contested visitation, placement, and service issues and to better engage parents in the process. Data were collected across multiple years to explore the effectiveness of the pilot in improving outcomes for children and families. Analysis of the data revealed a positive relationship between program implementation and timelier permanency. Parents who attend and have higher levels of participation in the pre-hearing conference are also more likely to reunify.     

Criminal justice employee rights: An overview

This article provides a comprehensive overview of the legal rights of criminal justice employees. Among the issues discussed are: property interests in employment; due process and other rights in discipline and termination; First Amendment rights; privacy rights; and protections against discrimination and a hostile work environment. The affirmative obligation of the criminal justice agency to take a proactive stance in formulation, implementation, and enforcement of policies is also discussed.     

Connecting the dots: Crime rates and criminal justice evaluation research

The National Research Council’s report on evaluating anticrime programs contains sensible suggestions for improving evaluation research in criminal justice but neglects the important role of substantive theory in linking evaluations of anticrime initiatives to variation in crime rates across time and place. A working knowledge of crime rates is essential for designing and evaluating anticrime programs. This essay calls for the development of a policy evaluation infrastructure that would support the continuous monitoring of crime rates, generate knowledge of crime-producing conditions, and link evaluation research findings to one another and to expected policy outcomes, notably crime reduction.