Kaasa Suzanne O, Tatar Joseph R, Dezember Amy, Cauffman Elizabeth
Senior Study Director, Westat, Rockville, MD.
Research and Evaluation Section Chief, Wisconsin Department of Corrections, Madison, WI.
Psychol Public Policy Law. 2018 Nov;24(4):418-429. doi: 10.1037/law0000181.
The current study examined perceptions of fair treatment in a past court experience among a sample of incarcerated youth (n = 364). Perceptions were compared for youth whose cases were processed through the juvenile (n = 261) versus adult court (n = 103) systems. In general, youth who were adjudicated in adult court felt more justly treated by legal authorities than youth adjudicated in juvenile court. Specifically, youth in adult court rated judges as only marginally more just than youth in juvenile court, but rated their defense attorney's treatment as significantly more just. Youth rated the prosecutor's treatment as relatively unjust regardless of where their case was handled. Differences in perceptions of procedural justice were also observed based on prior arrest history and race, with minority youth and repeat offenders perceiving the process to be less procedurally just. Our findings should not be used as support for the increased transfer of youth into adult court, as other studies have demonstrated these youth tend to have worse outcomes. However, our findings do suggest that improvements should be made to increase elements of procedural justice in juvenile court settings.
本研究调查了一批被监禁青少年(n = 364)样本对过去法庭经历中公平待遇的看法。对通过少年法庭(n = 261)与成人法庭(n = 103)系统处理案件的青少年的看法进行了比较。总体而言,在成人法庭受审的青少年比在少年法庭受审的青少年感觉受到法律当局更公正的对待。具体来说,成人法庭的青少年对法官公正程度的评价仅略高于少年法庭的青少年,但对其辩护律师的待遇评价明显更高。无论案件在何处处理,青少年都认为检察官的待遇相对不公正。基于先前的逮捕记录和种族,在程序正义的看法上也存在差异:少数族裔青少年和惯犯认为该程序在程序正义方面较差。我们的研究结果不应被用作支持将更多青少年转至成人法庭这一做法的依据——因为其他研究表明,这些青少年往往有更糟糕(不好)的结果。然而,我们的研究结果确实表明应做出改进,以增加少年法庭环境中程序正义的要素(方面)。