Expanding Realms of the New Penology

Abstract

This article argues that juvenile justice practices now reflect what Feeley and Simon have identified as `actuarial justice.' This means that the traditional parens patriae orientation of juvenile justice, as well as punishment, have been supplanted by the goal of efficient processing. Mathematical models, akin to those in the insurance industry, establish profiles that are used to streamline the processing of juvenile cases and offenders. Attributes of actuarial justice markedly change the justice process for youths, as traditional informality, individualized casework, and treatment are set aside, and the emphasis becomes one of cost-efficient warehousing. We urge scholarly attention and public debate of the theory of actuarial justice before a separate system for juveniles is no longer considered viable.

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