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Discuss the development of the juvenile justice system
Historical development of the juvenile justice system
Discuss the development of the juvenile justice system
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This paper will discuss the history of the juvenile justice system and how it has come to be what it is today. When a juvenile offender commits a crime and is sentenced to jail or reform school, the offender goes to a separate jail or reforming place than an adult. It hasn’t always been this way. Until the early 1800’s juveniles were tried just like everyone else. Today, that is not the case. This paper will explain the reforms that have taken place within the criminal justice system that developed the juvenile justice system.
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...
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...rt?: Retributive versus rehabilitative systems of justice. California Law Review, 97(4), 1107-1170. Retrieved from EBSCOhost.
In Re Gault, 387 U.S. 1 (1967).
Johnson, K., Lanza-Kaduce, L., & Woolard, J. (2011). Disregarding graduated treatment: Why transfer aggravates recidivism. Crime & Delinquency, 57(5), 756-777. doi:10.1177/0011128708328867
Klein, Eric K. (2011) "Dennis the menace or billy the kid: An analysis of the role of transfer to criminal court in juvenile justice." American Criminal Law Review Winter 1998: 371- 410. Retrieved from Academic OneFile.
Myers, J. B. (2008). A Short History of Child Protection in America. Family Law Quarterly, 42(3), 449-463. Retrieved from EBSCOhost.
Rodriguez, P. F., & Baille, D. M. (2010). Reforming Our Expectations About Juvenile Justice. Reclaiming Children & Youth, 19(2), 43-46. Retrieved from EBSCOhost.
The book “No Matter How Loud I Shout” written by Edward Humes, looks at numerous major conflicts within the juvenile court system. There is a need for the juvenile system to rehabilitate the children away from their lives of crime, but it also needs to protect the public from the most violent and dangerous of its juveniles, causing one primary conflict. Further conflict arises with how the court is able to administer proper treatment or punishment and the rights of the child too due process. The final key issue is between those that call for a complete overhaul of the system, and the others who think it should just be taken apart. On both sides there is strong reasoning that supports each of their views, causing a lot of debate about the juvenile court system.
In the US, the history of the Juvenile justice system has taken many years to reach where it is now. There are three main milestones in this history which include In re Gault, house of refugee and early facilities. The In re Gault was the time that the Supreme Court made a decision 1967 to legalize the constitutional rights of the juvenile justice system. The second milestone includes the house of refugees which was very first establishment of a juvenile justice system back in 1850. It became operational in the year 1855. The third milestone was the official
Juvenile Justice Reforms in the United States. (n.d.). Retrieved September 20, 2011, from Juvenile Transfer to Criminal Courts: http://www.ojjdp.gov
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.
Vito, Gennaro F., and Clifford E. Simonsen. Juvenile justice today. 4th ed. Upper Saddle River, N.J.: Pearson/Prentice Hall, 2004. Print.
In the last 42 years little to no changes have been made to correct the standards that govern punitive measures towards juvenile delinquency. Today juvenile law is governed by state and many states have enacted a juvenile code. However, in numerous cases, juveniles are transferred to adult court when juvenile courts waive or relinquish jurisdiction. Adolescents should not be tried in the adult court system or sentenced to adult penitentiary's on account of: teen brains are not mature which causes a lack of understanding towards the system, incarceration in an adult facility increases juvenile crime, and children that are sentenced to adult prison are vulnerable to abuse and rape.
With increased media coverage of violent juvenile behavior, legislators began to pass laws to toughen up on juvenile crime. Many laws made it easier to waive juveniles into adult courts, or even exclude juveniles who had committed serious crimes from juvenile court jurisdiction. Furthermore, the sentences to be handed out for offenders were lengthened and made much more severe. As a result, the juvenile courts began to resemble the adult courts. Yet, this movement’s influence began to fade, and by the turn of the century, another shift had occurred. In the current juvenile courts, a balanced approach is emphasized. While the court deals with chronic and dangerous offenders with a heavy hand, needy youth who need help to get back on track are still assisted under the parens patriae philosophy. Restorative justice has come to be the preferred method of today’s juvenile courts. In an overall sense, the modern juvenile court has taken on a paternalistic view similar to parens patriae towards youths who are in need of guidance, while punitively punishing offenders who do not respond to the helping hand extended to
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...
Studies and anecdotes have shown that our modern approach, however, is ill-equipped to reduce crime or deal with chronic delinquents while at the same time protecting their due liberties. We now stand on the precipice of decision: How can we strike an appropriate balance in the juvenile justice system? Should we even retain a separate system for children at all? The answers are usually difficult, sometimes subtle, but always possible to attain.
The historical development of the juvenile justice system in the United States is one that is focused on forming and separating trying juveniles from adult counterparts. One of the most important aspects is focusing on ensuring that there is a level of fairness and equality with respect to the cognitive abilities and processes of juvenile as it relates to committing crime. Some of the most important case legislation that would strengthen the argument in regard to the development of the juvenile justice system is related to the reform of the justice system during the turn of the 19th century. Many juveniles were unfortunately caught in the crosshairs of being tried as adults and ultimately receiving punishments not in line with their ability
This paper describes the various legislations and movements that were established in 19th century to address the issue of juvenile justice system. It outlines the challenges faced by the legislation and movements and their implications in addressing the issues of the juvenile justice system.
The juvenile justice system is a foundation in society that is granted certain powers and responsibilities. It faces several different tasks, among the most important is maintaining order and preserving constitutional rights. When a juvenile is arrested and charged with committing a crime there are many different factors that will come in to play during the course of his arrest, trial, conviction, sentencing, and rehabilitation process. This paper examines the Juvenile Justice System’s court process in the State of New Jersey and the State of California.
The history of Juvenile Justice dates back to the early 1800s. Child were classified as adults when committing a crime. When a children reached the age of five they were put into society and were treated as adults. Changes to the juvenile justice system did not begin until the early 1800s. The first institution was the House of Refuge, which separated the children from the outside world. Many of the institutions that were made were designed to separate juveniles from adults and for them to be treated differently. The first juvenile court was established in Cook County, IL in 1899. The system wanted to help them find alternatives from doing wrong and treat them as way to stay out of trouble and ‘adult’ jail. Parens patriae plays a huge roll
The way that juvenile delinquency has been perceived has changed over the course of history and will often reflect the current social conditions. During the 1600-1700’s law was largely defined by the influence of religion. Violation of a law whether by adult or child was seen as a legal and moral violation of God’s law. Punishments for law breaking adults were extremely harsh, often to the point of death (add source). Punishment was harsh toward children as well. In society there has been the notion that children are particularly susceptible to moral violations. If an adolescent was found guilty of a serious crime they could be punished by the use of physical pain, such as whippings, lashings and beatings. The definition of serious behavior
As a society we try to figure out if the system today for juvenile is working or not. The juvenile system was designed a long time ago to try and rehabilitate also to reform juveniles that commit crimes. In some cases, juveniles today have evolved to many more adult crimes. Many of these crimes have come on the form of raping’s and murders. The original juvenile justice system was not build for these type of behavior, so today many states are trying to refigure their individual programs to fit such