Evolution of the Juvenile Justice System

Chapter 1

Philosophical & Historical Roots

Juvenile Justice

• System that provides a legal setting in which youths can account for their wrongs and at the same time receive official protection

• Where youths age 18 and under receive separate treatment than adults

Social Control in Early Societies

• Children and adults subject to same rules

• Tribes dealt with rule breakers through retaliation

• Wrongs could be righted through payment

• Code of Hamurabi established individual rights through lex talionis (eye for and eye)

Social Control in Early Societies

• Code of Hammurabi # 195: If a son stricks a father, then son could have his hands cut-off

• Ancient Roman cultures allowed fathers unlimited authority/control over his family

• This evolved to parens patriae, a basic tenet to our JJS.

Middle Ages (AD 500-1500)

• Children as young as 6 years being burned at stake or hanged

• Church of Rome: Children under 7 years unable to form reason or intent to commit crimes– 7-14 years found guilty if evidence of intent is

found– Over 14 years considered to be adults

Feudal Period 9th-15th Century

• English Common Law gave King power of guardianship over all minors (parens patriae), who were considered wards of the state

• Parens Patriae justified the Kings intervention into the lives of the feudal lords and their children

• Chancery Courts only handled custody issues of youth

• Youths that committed crimes handled by criminal court system that included adults

Renaissance Period

• Bridewell Prison (1555)– 1st institution to control youthful beggars– Goals: to make wayward youth earn their

keep to reform them by compulsory work and discipline to deter from ideleness

– Discipline, deterrence and rehabilitation through work and severe punishment

– So successful, that England wants similar prisons throughout the country

– Children are confined with adults

Renaissance Period– Poor laws are established: Poor and

neglected childrten are turned into servitude and forced to work for wealthy families

– Statutes of Artificers (1563) Children over 10 years are forced to become indentured servants

– 1601 England establishes large workhouses for children who can be supported by their parents

– Some children are “bred-up” to labor– Gilbert Act (1782) All poor infants and poor

children are sent to live with “proper persons”

Reform Movement• Milestone in development of JJS

– The London Philanthropic Society (1817)• Purpose to reform youth• Built the First House of Refuge (Institutional

Treatment)

– Hospice of San Michele built by pope Clement XI

• Designed specifically for youth rehabilitation• Silence, hard work and Bible reading is used to

rehabilitate youth

Puritan Period

• American colonist model the American CJ system after the English CJ system

• Early laws proscribe death penalty for children who disobey their parents

• Father has absolute power over his children

• 1646 Massachusetts passes “Stub born Child Act for Status Offenders” – Relevant for the next 300 years

• Colonial Period– Anyone over 7 years subject to courts– Fundamental model of justice is the family, church

and other social institutions – Children of the poor become indentured servants

• Industrial Revolution– Children are made to work in factories– Indentured servants– Poor Houses– Private orphanges– Jails

Refuge Period (1850’s)

• Foster Homes in New York– Many are abused and neglected

• Reform Schools– Intent is to provide homelike atmosphere where

education is stressed

• Child Savers– Believe children are basically good and its their

environment that makes them bad– Children should not be held accountable like adults– JJS needs to provide treatment not punishment

Refuge Period (1850’s)

• Child Savers (continued)– Dispositions should be based on child’s

circumstances and needs– JJS should not be punitive– Child Savers viewed delinquent and poor

children as a threat to society– Massachusetts establishes probation to assist

court in juvenile matters

Juvenile Court Period (1899-1960)

• 1899 Illinois establishes the First Juvenile Court

• Key Features:– Removed those below 16 years from adult

criminal court– Separated children from adults in institutions– Informal procedural rules– Use of probation officers– Prohibited detention for children below 12

Juvenile Rights Period(1960-1980)

• Lyndon B. Johnson’s “Great Society and War on Poverty”

• Civil Rights Era– Decriminalization

• California separates Status Offenses from Criminal Offenses in 1961

• New York creates new classification for non-criminal offenses: PINS

– Due Process• Kent vs U.S. (1966) Waiver Requirements for Transfer• In re Gault (1967) Right to Counsel, Right against self-

incrimination, Right to confront witnesses

Juvenile Rights Period(1960-1980)

• Diversion– Youth Service Bureaus– Community Based Programs– Advocacy for Youth

• Deinstitutionalization– Juvenile Justice Delinquency prevention Act of 1974– Required states to separate youth from adults in

prison as a condition to receive Federal funding– Began monitoring all correctional and detention

facilities that held juveniles

Juvenile Rights Period(1960-1980)

• In re Winship: “Beyond a reasonable doubt” required for conviction in criminal cases

• Breed vs Jones: Double Jeopardy

• McKeiver vs Pennsylvania: No Right to Jury Trial

Crime Control Period1980’s to Present

• Switch from medical/treatment models to crime control model

• Reduced funding for OJJDP (Reagan)

• OJJDP becomes more conservative, shifting to dealing with more hard-core and chronic offenders

Crime Control Period1980’s to Present

• Two models surface to address Juvenile Crime– Deterrence

• Incarcerate to show youth that crime does not pay• Send message to community that juvenile crime will not be

tolerated

– Just Deserts• Justified society revenge “eye for an eye”• Strict policies on Juvenile crimes• Reversal of Due Process• 49 states allow transfer from juvenile to adult courta• Schall vs. Martin (1984) states have a right to place

juveniles in preventive detention to protect society when the juvenile is dangerous