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Historical development of juvenile justice system
Historical development of juvenile justice system
Challenges facing the juvenile justice system
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The first juvenile court was established in 1899 with the assistance of Jane Adams and Julia Lathrop who influences and implemented their concerns of inadequate treatment in institutes and the placements of juveniles with adults in jail or prison. I am going to explain my findings of the history of the juvenile court system.
The start of juvenile court system was the purpose to prevent crime and rehabilitate juvenile offenders with considerations of the child's best interest. Before juvenile court, juveniles used to be tied and sentenced with adults as results of the juvenile's immaturity and misguidance.
In the mid-1800's, child savers were primary middle class women who would assist and guide homeless and delinquent children. These women helped influence the local and state government to develop institutions exclusively for delinquent and homeless children. The first institute was opened in Massachusetts in 1848.
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When talking about children dealing with the juvenile system the term “Patrens Patriae” is one that shows up more than often.
It's concept means “ward of the state”, thus giving the state control and a voice for the children's future placements for homeless children or without responsible parents.
By 1925, there was a juvenile court in every state besides two, Then by 1945 the last two states created a juvenile court in their states. The juvenile court helped create multiple professions in the field such as; social workers, sociologist, psychologists and criminologist. Today over 2,700 juvenile courts within the Unities States. Today the juvenile court system is still very complex and continues to develop and function in accordance to the guidelines established in the early years of the United States Supreme court
decisions. In 1990, most courts allowed for the waiver of jurisdiction from juvenile court to criminal court. Along the factors of the age of the juvenile and the seriousness of the crime committed. Most of the states have simplified the process for the juvenile to be tried as an adult. The juvenile court process first starts off with the intake stage where the court workers like juvenile probation officers screen the cases and seriousness, then followed by the adjudication stage also known as the “fact finding” stage, and then finally the disposition stage where treatment plans and other placements are determined for the juvenile. The role of a social worker is a major influence of a juvenile. A social worker working in the juvenile system must be knowledgeable of the federal and state statues and community assistance. The social worker will help provide guidelines, set up interviews with the families and help determine if the court should intervene further. When or if the juvenile is in a placement, the juvenile can contact their social worker for assistance in their cases and further plans for their future rehabilitation. They can even help make evaluations and influence the court decision of what plans to follow. My thoughts of the juvenile court system is there should always be separation of juveniles and adults as long as the seriousness of the crime is not exceeding the limits. Juveniles are not yet capable of maturity and consequences of actions. With the increasing numbers of juveniles committed serious crimes, I think there needs to be more interventions on the streets like mandatory after school programs for children who get in trouble. There will always be crimes committed but if we help the children understand the consequences before they commit the crime, it was deter them. Another way to help deter, would be to have a class that actually teaches about criminal justice and community support. This way they will understand what actions are appropriate and which are not.
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.
Stein, M. L., & Roseman, M. (1990). Homeless Children: A New Vulnerability. Child and Youth Services, 89-109.
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.
Humes, Edward. No Matter How Loud I Shout: A Year in the Life of Juvenile Court. New York: Simon and Schuster, 1996.
For many years, states have believed that the juvenile justice system came about to protect the public by providing a system that helps children who are maturing into adulthood. States understand that children who commit crimes are different from adults. They believe that children are less blameworthy, and have a greater capacity for change. To make up for these differences, states have created a separate court system for juveniles, and they have created a separate, youth based system that is different than that provided to adults.
Juvenile Courts in the United States find their origins in English custom and law. As early as the 16th century, poor laws and chancery courts were meant to protect minors, either through allowing the government to take custody, or protect their property rights respectively. These actions were justified by the legal philosophy parens patriae, which holds that the government is the true guardian of the needy and infirm, including dependent children, which gives the government authority to act on behalf of a child. This philosophy was the original guiding principle that the juvenile system held at the turn of the 20th century, although the juvenile system began to shift back towards crime control and the adult system during the late 20th century.
This paper will analyze the different theoretical issues pertaining to the modern juvenile court, determine their origin, and suggest a course of action for resolving these issues to the best extent possible. It is important to note, however, that the juvenile justice system alone cannot ever prevent all juvenile crime, respond perfectly to every situation or treat every suspect fairly. Furthermore, an effective antidote to modern juvenile crime would necessitate far broader action, addressing underlying social structure inequalities that breed poverty and social disorganization.
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 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.
The modern teen court concept began in the early 1970’s when a small number of local communities in America began to establish the first Global Youth Justice programs (Peterson, p. 2). In 1994 there were 78 youth court programs in existence. As of March, 2010, there are over 1,050 youth court programs in operation in 49 states and the District of Columbia. Teen courts serve as a “diversion” program used to divert first time offenders away from a lifetime of criminal activity. The primary function of most teen court programs is to determine a fair and restorative sentence or disposition for the youth respondent. Although the primary function of teen courts is to rehabilitate offenders, some may wonder if teen courts are actually beneficial to young offenders.
The Illinois Juvenile Court Act of 1899 was the first juvenile court established in the United States (Locked Up…). The juvenile court was created to handle the offenders on the basis on their rather than their crime. In the 1980’s and 90’s many states passed laws to try teens as adults (Should Juveniles…). The court system served to the minors under the age of sixteen. The courts didn’t typically support disciplinary actions. The people in charge did everything in their power to not have the victim spend time in a juvenile detention center or better yet prison. Remedial sentences were the most common types of discipline (Locked Up…).
Early efforts to address child welfare were made when Charles Loring Brace, founder of the Children’s Aid Society established lodging houses and industrial schools, to care for neglected, orphaned and abandoned children and provide these children with shelter and moral education. However many of the children were not actually orphaned or being neglected they were simply poor (Warren, 1998).
In conclusion, the development of the juvenile justice system resulted from social development and human needs. By modifying and integrating, the legal authorities have made the legal system more efficient and just to the young people, providing that necessary punishments are executed to the criminal acts while protections are given to the ordinary youth. It is believed that the stability of a society depends on a sound justice system.
The juvenile system was first established in the United States around 1899 when Illinois had their first court appearance including a juvenile. This then led to the Nation’s first juvenile system being created, which was for youth under the age of eighteen who have been convicted of crimes. Up until then, most youth were tried as an adult until the system was put into place. The system has different sections in which they youth is taken in such as: intake, adjudication, disposition, and post adjudicatory.
Juvenile delinquency is one of the major social issues in the United States today. Juvenile delinquency, also known as juvenile offending, is when “a violation of the law committed by a juvenile and not punishable by death or life imprisonment” (Merriam-webster.com). Although we have one justice system in America, the juvenile system differs from the adult juvenile system. Most juvenile delinquents range from as low as the age of seven to the age of seventeen. Once the delinquent or anyone turns the age of eighteen, they are considered an adult. Therefore, they are tried as an adult, in the justice system. There are many different reasons why a child would commit crime, such as mental and physical factors, home conditions, neighborhood environment and school conditions. In addition, there are a variety of effects that juvenile justice systems can either bad effects or good effects. Finally there are many different solutions that can reduce juvenile delinquency. As a result, juvenile delinquency is a major issue and the likeliness of it can be reduced. In order to reduce juvenile delinquency there has to be an understanding of the causes and the effects.