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The cause and effect of child abuse
History and development of the juvenile court and justice process
The roots of classical criminology short summary
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The Classical View and Positivist Theories
The classical theory of crime says that "humans have free will and are responsible for their own actions" (Hess, 2013 p.66). The formal study of criminology began in Europe in late 1700’s as theories on crime and punishment started to materialize. Italian attorney Cesare Beccaria is recognized as a founding father of the Classical School, which is based on that most human behavior results from free will and rational force. The positivist view holds that humans are shaped by their society and are the products of environmental and cultural influences.
Ironically another man of the name, Cesare Lombroso, was an early proponent of the Positivist School. This criminology theory brought the need for evidence
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It may culminate in authority avoidance by staying out late, truancy or running away. The authority conflict path applies to young males before the age of 12, because after that age some minors are likely to enter this pathway at the highest levels with behaviors such as truancy and staying out late at night. The covert behavior pain includes lying, shoplifting, and setting fires, damaging property, and joyriding, pickpocketing, stealing from cars, burglary, writing illegal checks and using illegal credit cards. (Hess, 2013 p. 106). So this second path starts out with minor covert acts and ends with serious forms of property crime. The final path, overt behavior path, includes annoying others, bullying and fighting. It may culminate in violence, including attacking someone, strong arming or rape. These pathways also show evidence of these serious forms of crime are preceded by lesser forms of crime as described above …show more content…
These early reformers believed juveniles could be rehabilitated by giving them moral education. This is how these early reformers came to be known as the child savers. These Child Savers were just wealthy, “civic-minded citizens [who] tried to “save” unfortunate children by placing them in houses of refuge and reform schools” (Hess, 2013 p. 37).
The child savers philosophy is that the child was basically good and was to be treated by the state as a young person with a problem. The child savers ' advocacy also resulted in the establishment of the first juvenile court in Cook County, Illinois, in 1899. The court was established under the British legal doctrine of parens patriae (Child or Adult?). This term or doctrine, basically states that the care of children ultimately defaults to the government in case for whatever reason the parents are unfit to care for the wellbeing of the child (Parens Patriae).
Cycle of
The Progressive Era ignited one’s greater desire for family unity however, teenager delinquency was increasing. Judge Benjamin Barr Lindsey is noted for one’s contribution to the American family with the creative plan of Juvenile Court Systems which was formed in 1901(Campbell, 1978). Judge Lindsey wanted to insure that minors would not be punished through adult judicial systems. The Juvenile Court Systems currently offers more services than originally planned. Juvenile Court provides services which protects neglected and abused minors and also is responsible for collecting child support payments.
During the 1970’s to the early 1990’s there had emerged two new approaches to the study of crime and deviance. The discipline of criminology had expanded further introducing right and left realism, both believe in different areas and came together in order to try and get a better understanding on crime and prevention. There were many theorists that had influenced the realism approaches such as; Jock Young (Left Wing) and James Wilson (Right Wing).
The problem of dealing with juvenile justice has plagued are country for years, since the establishment of the first juvenile court in 1899. Prior to that development, delinquent juveniles had to be processed through the adult justic3e system which gave much harsher penalties. By 1945, separate juvenile courts existed in every single state. Similar to the adult system, all through most of the 20th century, the juvenile justice system was based upon a medical/rehabilitative representation. The new challenges of the juvenile court were to examine, analyze, and recommend treatment for offenders, not to deliver judgment fault or fix responsibility. The court ran under the policy of “parens patriae” that intended that the state would step in and act as a parent on behalf of a disobedient juvenile. Actions were informal and a juvenile court judge had a vast sum of discretion in the nature of juvenile cases, much like the discretion afforded judges in adult unlawful settings until the 1970s. In line with the early juvenile court’s attitude of shielding youth, juvenile offenders’ position was often in reformatories or instruction schools that were intended, in speculation, to keep them away from the terrible influences of society and to encourage self-control through accurate structure and very unsympathetic discipline. Opposing to the fundamental theory, all through the first part of the century, the places that housed juveniles were frequently unsafe and unhealthy places where the state warehoused delinquent, deserted, and deserted children for unclear periods. Ordinary tribulations included lack of medical care, therapy programs, and even sometimes food. Some very poor circumstances continue even today.
In the 1800s Cesare Lombroso (1835-1909), Italian criminologist, wrote in his book L'Uomo Delinquente (187...
It was during the mid nineteenth century in England when the parliament initially recognised juvenile delinquency as a distinctive social phenomenon and accepted the responsibility not only for young offenders, but also for the children who, though not in trouble with the law, required full care and protection. Children who stood before the courts were no longer seen as little adults but were seen as beings in their own rights who were entitled because they lack full responsibility for their actions. Through this change in status it accomplished the introduction of reformatory rather than punitive treatment. A reformatory system undoubtedly distinguishes a child’s offence from an adult crime replaced penal systems which made little dedicated provisions for children. This departure culminated in Herbert Samuels Children Act 1908 (Margaret May 2002). The Children Act 1908 represented a key step in the progress of the idea that children were a special category of problem. Through the establishment of Juvenile Courts which were criminal courts in terms of the procedures and giving them jurisdiction over the care and protection issues. The Juvenile Courts became the family law courts which dispensed family justice. The courts and the state can intervene for the first time in working-class family life when children are seen to be immoral, conditions which were regarded as neglect included: truancy, begging, being beyond control etc...
Juvenile delinquency has a history that dates back hundreds of years. Before the 19th century children were tried in courts the exact same as adults were, but it was only the most severe juvenile cases that actually went to trial. Children were put into prisons, transported and even hanged. In 1880, there were 6,500 children under 16 in adult prisons, 900 of which were under the age of 12 (King & Noel, 1993). Before 1900, many social ideologies shifted resulting from industrialization. The United States’ first juvenile court was opened in 1899 in Illinois. It was spearheaded by Jane Addams and many other influential women in children advocacy. Addams and the others wanted to have a separate court for
Before the Progressive Era, children who were over the age of seven were put in jail with adults. In the early part of the 1800’s reformers started to become concerned with the overcrowded environment in the jails and prisons, and the corruption young kids were experiencing when locked up with adult prisoners. The Progressives in the late nineteenth century started to push for universal reform in the criminal justice system (Myers, 2008). The Progressives looked to move away from the penalizing aspect and more towards a rehabilitative system, with regard to the rectification of delinquent children and adolescents. A specific group of Progressives, called the "child savers," focused the majority of their attention on finding and curing the causes of juvenile delinquent behavior. The child savers group viewed the juvenile offenders as adolescents in need of care and direction, not punishment (Myers, 2008). In In re Gault (1967), Justice Fortas summed up the views of the child savers: “The early reformers were horrified by adult procedures and penalties, and by the fact that children could be given long prison sentences and thrown in jails with toughened criminals. They were overwhelmingly convinced that so...
Since the early 19th century, people would consider children as young adults, and it was expected from them to behave appropriately and not as a criminal. As early as 7 years
The Juvenile Court System was established in 1899. The goal of the system was to act as parens patriae (the State as parent), which was the rationale for the right of the State to intervene in the lives of children in a manner different from the way it intervenes in the lives of adults. As stated by the U.S. Department of Justice, “The doctrine was interpreted to mean that, because children were not of full legal capacity, the State had the inherent power and responsibility to provide protection for children whose natural parents were not providing appropriate care or supervision,” (1999). A key element of the juvenile justice system is to focus on the welfare of the child and to rehabilitate them so that they do not make similar mistakes as
The causes of crime are complex, Collectivists believe that acceptable ways to reduce crime, is to address the social conditions in which the conditions for crime are created, things such as, a more equal society, improved work opportunities and effective housing will make crime less of an attraction. If people are in a stable job, providing for their family and are content with life, they could be less motivated to break the law. Individualists focus on individual values’ or absence of as the motive why people commit crimes. In the long run, if someone chooses to commit a crime, they are accountable for their own actions. If they are caught, they should face the consequences.
The classical school is not concerned with why criminals are criminals, but seeks to reduce crime by using punishment as a means of deterrent, on the basis that individuals will choose to exercise their own free will and will employ rational decision making. By contrast, Ceasare Lombrosso (1835 – 1909) and the positivist school dismissed such ideas and theorised that criminality is a personality trait that one is born with and can be diagnosed by certain physical appearances, and is thus a more scientific method of establishing the reasons for criminal behaviour. However, this essay will concentrate on the strengths and weaknesses of the classical school.
Late eighteenth and early nineteenth century was the beginning of creating a difference in the way delinquents were handled. Historically, an offender who was above seven years of age was imprisoned together with the adults. Though an offender who was between seven and fourteen years of age was presumed as one who is not able to form the required criminal intent it gave the prosecutor room to prove otherwise. A house referred to as the New York House of Refuge was established by reformers in 1824, and it was meant to curb the problem of sending a child offender to an adult jail. In 1899 a juvenile court was established in Cook County, Illinois and another one in April 1905 in Birmingham (Shore). There was an educational reform movement that advocated for reform in juvenile justice. The movement was referred to as the Society for the Prevention of Juvenile Delinquency. The main issue that legislation and movements sought to address was the separation of delinquents from the adult offenders. In a case of an adult offender the court looks at the act committed. However, with the emergence of juvenile courts the focus is on the delinquent who is viewed as a child, and who needs to be helped. In the spirit of ensuring that trials against children were handled in a speedy and in a confidential manner, children below fourteen years were tried immediately before two magistrates (19th Century Bedford Gaol).
Cesare Beccaria who was coined the father of criminology, helped form the way our criminal justice system today in the way that we look at deterring criminals and reducing crime. The Rational Choice Theory added to the conversation started by Classical Criminologists as it relates to reducing
Classical Criminology is credited with initiating the shift away from rather barbaric forms of torture. In classical criminology, the naturalistic approach of social thinkers had challenged the way of the spiritualistic approach. During this time, the spiritualistic approach was the basis for all policies in Europe. This means that every crime has a spiritual meaning for which it was committed. St. Thomas Aquinas, a contributor to the topic, argued that people had a natural tendency to be good rather than evil.
The world will always be full of crime, thus it is necessary for scientist to grow along with the gruesome and increasing amount of violations. Due to this it sparked scientist to develop crime theories in which emerged to explain why crime is caused by individuals. Some of the few theories that have advanced over the past century and provided many answers to why crimes are committed are biological theories, psychological theories and learning theories. These theories provide an insight to its first use and change in order to provide answers.