The kinds of disposition which the judge might make of any given case are as follows:
(1) Dismissal for insufficient evidence. Evidence applies, as in criminal courts, only to the specific act; and if it be lacking, the court is powerless to act as guardian of the child as it could do if it had equity powers. However, in especially flagrant cases a child dismissed under one charge may be returned for improper guardianship.
(2) Acquittal, if the boy pleads not guilty, and there is some evidence that he was not involved in the escapade. This is sometimes technical and takes no account of serious delinquency which may lie back of the affair.
(3) Suspended sentence, after conviction, with a warning of reprimand, but no supervision or visiting.
(4) A fine, usually one or two dollars, though it may be as low as 50 cents or as high as five dollars. This is used ordinarily as a lesson to the parents, since the burden of the fine falls upon them.
(5) “Committed for one day to the parental care of John Ward.” This is for the purpose of having an officer give the boy a “licking” upstairs in the court, when a parent refuses to do so. Occasionally sentence is suspended, or fine remitted, on condition that the parent do this, in case the boy or his parents have not learned to say, when the judge asks the question that he has already been licked. This method is said by some of the judges to be very effective in preventing recidivation. Its reforming effect is not quite so certain.
(6) Parole in the custody of the parents, to be visited by the agents of the Society for the Prevention of Cruelty to Children. A boy’s parole is often continued month by month. At its expiration the boy may be discharged from parole, committed to an institution, or given a suspended sentence. In the case of school children, especially truants, the principal acts as a parole officer and signs the parole card daily, vouching for the boy’s attendance and conduct. In case of serious offense during this period, parole may be revoked, and disposition made on both offenses, one sentence being held in reserve for its deterrent effect. If a child and his parents fail to appear on the prescribed date, a bench warrant is issued and the child is arrested and brought in. The same thing is sometimes done in improper guardianship cases, if the agent’s investigation has revealed conditions unimproved.
(7) Commitment to an institution, if possible to one of the same religious faith as the child. Neglected children are sent to charitable institutions; delinquents, usually older boys, after several offenses, violation of parole, or serious incorrigibility, to one of the reformatories. The House of Refuge is in many respects a prison for minors. Boys are committed to it who cannot be cared for by the New York Juvenile Asylum, Catholic Protectory, or Hawthorne School. Truants, if committed from this court, are sent to one of the truant schools.
This résumé of dispositions forms a basis for a natural division of our case material. We have studied the effects of the court experience upon different groups of children according to the sentence received. To a large extent the home visiting was apportioned among our investigators along the same lines. The disposition indicates the judgment of the court as to the seriousness of the offense, and it is the effect of this judgment which is to be tested.
As has been stated in the introduction, a statistical study of the delinquency of boys was made in 241 West Side families. Four hundred and sixty-three arrests of boys occurred among these families during the period covered by our investigation. Data are available concerning the offenses committed and the action taken in court for 454 of these 463 cases. As some boys were arrested more than once, and as some families had two or more boys who were arrested, the 454 arrests affected but 259 boys and 221 families.[40]