Discrimination or Sex Differences? Criteria for Evaluating the Juvenile Justice System's Handling of Minor Offenses

Abstract

The overrepresentation of female minor offenders in the juvenile justice system and the more severe handling of them than of males committing the same type of offense have come under attack as evidence of discriminatory practices. Defenders of the system claim that official statistics reflect de facto differences in the delinquent behavior of boys and girls and that differences in treatment correspond to the different needs of each gender group. A review of recent research invalidates such justifications by showing that (1) there is no evidence of gender specialization in behavior classified as minor offenses, and (2) the causal factors explaining involvement in minor delinquency are much the same for boys and girls. Furthermore, school attachment, at the peak age of involvement in minor delinquency (15-16), appears to function equally for males and females as a stronger restraint than family attachments. It is concluded that schools should play a much more central role in prevention programs for both groups.