Bad Kids Race and the Transformation of the Juvenile Court [Paperback]

Within the past three decades, social and legal changes have transformed the juvenile court from a nominally rehabilitative welfare agency into a second-class criminal court for young offenders. Recent efforts to toughen juvenile justice policies have resulted in increasingly harsh sanctions that fall disproportionately on minority youths. In this provocative new book, Barry Feld examines what went wrong with the juvenile court and proposes an alternative model 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 decisionIn reGaultto the broader social and legal changes associated with the civil rights movement and the Warren Court's Due Process Revolution. Althoughgaultmandated more elaborate procedural safeguards in delinquency hearings, ironically, those protections legitimated the imposition of more punitive sanctions.

SinceGault, 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 systelSv