The Youthful Offender and the Armed Forces

• Author: by Doyle Shackelford
• Pages: 04

Parole agencies, correctional institutions, and especially our courts and their juvenile probation departments are affected by our continuing need for a strong armed force, just as most other civilian 8ervices and fields of endeavor are. But military personnel, particularly those concerned with recruiting, training, personnel management, law enforcement, and correction, look on these agencies with a jaundiced eye, for all too often youthful offenders entering the services run afoul of military law and are court-martialed, confined, and discharged dishonorably. Obviously this is a poor return for the taxpayers' dollar, a loss of valuable man-hours for the military services, and an additional stigma for the individual who, in effect, has failed both the community and the nation. Yet case records in the major military confinement facilities reveal numerous instances in which youthful offenders were encouraged, urged, or induced to join the service in lieu of a sentence, continued probation or parole supervision, or further incarceration. Crowded dockets and heavy caseloads probably contribute to this practice.

The courts, like other nonmilitary groups and individuals, have some erroneous notions about military service. The existence of selective service produces the idea that military service is inevitable. Zealous recruiting campaigns and public sentiment support the idea that enlistment or induction is part of each man's responsibility to the community, and judges, probation and parole super. visors, and institution personnel share these attitudes, When military service is considered for convicted offenders, the "successful" service of offenders during World War I1 is often used as an argument to support this move. But these fairly widespread ideas are not in fact well founded. First of all, military Service for every able-bodied man is not inevitable: a considerable number are rejected for various reasons. Second, many individuals can best aid national defense by working in industry, agriculture, or other civilian pursuits not requiring military training: it is not

* This article was originally published in 4 Natioml Probation and Pwo!~ rlssaaiatian Joumo! 148 (April 1858).

I C 0 7148 97

YOUTHFUL OFFENDERS

for an indeterminate period and must perform a specific function. A new mode of behavior which is not subject to compromise is thus imposed, and it must be followed concurrently with the laws of civil society. Soldier, sailor, ana marine are all subject to two codes of law and may, in certain instances, be tried twice (once under civil and once under military law) for the same offense. An enlistment is a contract with the Government which may be broken only with the consent of the Government and under the conditions it imposes.'

2. The meeifio aim of the Armed Forces-which is to protect the nation, not to make men out of boys.

   Civilians often ascribe to the military the magical power of endowing each of its recruits with maturity and poise where none existed before. We sometimes encourage our youth to enlist with the fond hope that they will emerge from service as men. But it ain't necessariiy BO! Group living in this necessarily authoritarian setting is not a panacea either for personal problems or for the ills of society. Yet na lesa a personage than "The Cockleburr" wrote, It seems to me a two-year hitch in the Army may be the ananer to the irresponsible and vicious hoodlumiam and vandalism of the eighteen-year-olds.2 The myth lives on, perpetuated by all sorts of u'ell-intentioned persons, even including profeasianal soldiers.

   It is difficult to determine whether a person matures as the result of military training. Changes in the adolescent offender noticed on furlough by his family or probation officer may actually be the result of a natural development which would have taken place With-out the enlistment.

   which is different from the civilian attitude.

3. The WlilitQmJ's attitude toward those who break its hws-

   Military offendera, with few exceptions, are dealt with quickly and severely in the interests of order and discipline. Together with the offenses recognized in civilian life, there are purely military offenses: going AWOL, deserting, being insubordinate, disobeying orders, for instance. These are, in the eyes of the military, as heinous as any civilian crime: committed during wartime they can drastically affect not only the efficiency but also the very existence of a unit. Few civilian...