Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
History and development of juvenile justice
The historical development of the juvenile justice system
History and development of juvenile justice
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: History and development of juvenile justice
The juvenile justice system was created for the purpose of rehabilitation to the trouble youth. The juvenile justice system has developed through the years as the incarcerate youth continues to increase. The youth of America continue to fall through the cracks as each young adult becomes involved with the juvenile justice system. Youth in America often struggle with identity, sense of belonging, validation, love, and support from their families and peers. As many of the youthful offenders continue to search for support, they often fall on the wrong path which leads them into the juvenile justice system.
Context and History In the nineteenth century, the juvenile prison came to life. These prisons were created to assist the children of parents
…show more content…
The federal government passed the Juvenile Justice and Delinquency Prevention Act of 1974. The act promoted placement of offenders in the least restrictive appropriate treatment setting, establishment of community-based programs in place of large, custodial institutions, and diversion of youths from formal juvenile justice system processing (Jenson, 1998). Several states, such as Massachusetts and Utah, closed the larger institutions and opened small, treatment oriented programs in local communities (Jenson, …show more content…
Blackstone’s Commentaries on the Laws of England had a major influence on the juvenile justice system. Blackstone stated in his commentaries that there were two things that were required to hold someone guilty of a crime (American Bar Association). One of his thoughts were that the person needed to have a “vicious will” to commit a crime and second, the person had to commit an unlawful act (American Bar Association). Blackstone identified a group of people who were unable or capable to commit a crime, infants. Blackstone believed that infants were just too young to understand their actions. Blackstone set an age group that were considered infants and would not be able to be found guilty. These infants were children from the age of seven and under. Children 14 and over were considered to be able to understand their actions and therefore be held liable for their actions (American Bar Association). Blackstone believed that children that fell in between the ages of seven and fourteen would be unable to commit a crime. However, if the child was able to understand the difference between right and wrong, the child could be convicted and suffer the consequences of their actions (American Bar
In 1899, the juvenile justice court system began in the United States in the state of Illinois. The focus was intended to improve the welfare and rehabilitation of youth incarcerated in juvenile justice system. The court mainly was focused on the rehabilitation of the youths rather than punishing them being that they still have immature ways and still growing. Specialized detention centers, youth centers, and training schools were created to treat delinquent youth apart from adult offenders in adult facilities. “Of these, approximately 14,500 are housed in adult facilities. The largest proportion, approximately 9,100 youth, are housed in local jails, and some 5,400 youth are housed in adult prisons” (Austin, 2000).
Although putting juveniles into institutions, for many juvenile offenders occurred in the first decades of the 1900s, extensive use of probation for juveniles existed as well. As it does today, probation gave a middle ground nature for judges connecting release and placement in an institution. By 1927, trial programs for juvenile offenders existed in approximately every state. In the 1940s and 1950s, reformers attempted to improve the conditions found in most juvenile institutions. Alternatives to institutions emerged, such as forestry and probation camps. These camps provided a prearranged setting for male juvenile offenders, while emphasizing learning and occupational skills. Though, the efficiency of these options as alternatives to incarceration was dubious since they were not obtainable to the worst offenders. Yet, these changes marked the start of formal, community-based instruction that would turn out to be more extensive in following decades.
The Juvenile Justice system, since its conception over a century ago, has been one at conflict with itself. Originally conceived as a fatherly entity intervening into the lives of the troubled urban youths, it has since been transformed into a rigid and adversarial arena restrained by the demands of personal liberty and due process. The nature of a juvenile's experience within the juvenile justice system has come almost full circle from being treated as an adult, then as an unaccountable child, now almost as an adult once more.
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
Aftercare programs are used often with juveniles in hopes of preventing recidivism. Recidivism is of high concern to the criminal justice system in that the safety of the public depends on low recidivism rates. Juvenile Incarceration facilities have programs set up, such as education and pro-social behavior classes, to promote bettering the juvenile’s life. However, research has shown that the progress made while incarcerated slowly declines upon release. This is testimony to the importance of aftercare programs in preventing recidivism.
Vandergoot determines that the reasoning capacity of an adolescent, the ability to make legal decisions, and filter unnecessary information is unclear to a juvenile in the justice system; the vagueness of youth stepping into the courts prevents them from fully participating in the justice system. ( Vandergoot, 2006). As a result of this impreciseness youth encounter Vandergoot concludes a separate justice system allocated for youth to adhere to adolescent needs. Vandergoot discusses the Youth Criminal Justice Act a justice system devised to adhere to youth needs. She summarizes the system that benefits young offenders in contrast to adult offenders.
Justice has always been the goal of our court system, but it is not always served, especially in cases involving juveniles. The judiciary process has evolved from a system that did not initially consider juveniles, to one where juveniles have their own court proceedings, facilities, and even rules or laws. The juvenile justice system has come a long way, and people have worked very hard in its creation. A juvenile is considered to be an individual, under the age of 18, resembling an adult. However, resembling an adult does not always mean that juveniles will have an adult mindset. Thus, juveniles may need extra attention to help get their lives on track. This paper will analyze various ways involving juveniles and correction facilities and programs.
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...
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.
Until the late 19th century, children were tried in criminal courts with adults. According to common law, the law regarded children under the age of seven, as still in the infancy stage of moral development, while those over the age of fourteen, were morally developed and thus responsible for criminal offenses.
The Merriam Webster dictionary defines Probation as a period of time given to someone who commits a crime and instead of being incarcerated are allowed to spend their sentence in the community based on conditions set aside by the courts. (http://www.merriam-webster.com/dictionary/probation) The task was given to me to build the ultimate model of Probation Services. After careful consideration and great thought this is the route I decided to take. I believe that parents play a great role in some of the decisions their children make. The decisions children make today are a reflection of their parents. My focus on this probation model is to place both child and parent in an institution were they would undergo a period of restoration of family values, rehabilitation, parenting courses, academia and counselling. The ages of these juveniles will range between the ages of ten (10) to seventeen (17) years old.Therefore I stand for institutionalized probation and how this probation will assist in instilling family values.
The dilemma of juvenile incarceration is a problem that thankfully has been declining, but still continues to be an ethical issue. The de-incarceration trend has coincided with a decrease in crime. It is hopeful that our nation is changing the approach to the treatment of juveniles in the criminal justice system. It means we know what to do and what is working, now just to follow through and continue the change to creating a juvenile justice system that is truly rehabilitative and gives youth tools to be able to be positive members of
Over the years many laws and policies have been created and altered. As a result many activities have become illegal. With so many laws in place now, juvenile crime is also on the rise. More and more juveniles are being sent to prison than ever before. The goal of the juvenile justice system was to rehabilitate but now it is more focused on punishment. However, many rehabilitation programs are still in place to help delinquent juveniles get back on the path to becoming successful productive members of society. One program that comes to mind is the restorative justice program.
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 a serious problem and leads to negative outcomes for youth, families, and society as a whole. Adolescents under the age of 18 who are arrested for committing a criminal act are processed through a juvenile justice system. The juvenile justice system is grounded on the principle that the youth have different needs than adults. During adolescence, youth are forming their identities and still developing mentally, physically, socially, and emotionally. Due to their early stages of development, juveniles who violate the law should be treated differently than adults.