The history of the juvenile justice system is a mixture of the criminal justice system, family court, child protective services, social services, orphanages, adoption and humanitarian growth. (Schmalleger, 2007) Where a child fit into the system would depend on the crime, family pedigree, financial standing, color and social status. Children of color would be treated harsher than whites, Indian children were treated worse than African American Children, and status was determined by the color of your skin. Children of color would be given a death sentence before a white child and those with financial means could buy a pardon or parole. (Hopkins, 2008) From America’s beginning we modeled our criminal codes and punishments after England’s. England did not make allowances for the age or maturity of an offender, punishments ranged from flogging, mutilation, branding, public humiliation (stockades), work houses, exile and other forms of torture and every person was subject to them no matter the age; we carried this tradition with us to the colonies. (Roberson, 2007) In the nineteenth century we began what I feel is more of a social services program that was in fact an attack on the poor but the juvenile system calls the child-saving movement. This movement focused on the dangerousness and immorality that was believed to go hand in hand with being underprivileged. The “House of Refuge” that were privately or community funded opened in New York in 1825; (Larry J. Siegel, 2008) it was believed to be a family environment but was in fact a work house and functioned much like the later industrial prisons (1890-1935) that fell out of favor because of the economic impact on the U.S. economy. (Schmalleger, 2007)pg. 490) Americans were mu... ... middle of paper ... ...ved January 2, 2011, from ExecutedToday.com: http://www.executedtoday.com/2008/12/20/1786-hannah-ocuish-age-12/ Larry J. Siegel, B. C. (2008). Juvenile Corrections. In B. C. Larry J. Siegel, Juvenile Delinquency The Core, third edition (pp. 336-368). Belmont: Thomson Wadsworth. Larry J. Siegel, B. C. (2008). The History and Development of Juvenile Justice. In B. C. Larry J. Siegel, Juvenile Delinquency The Core, third edition (pp. 259-283). Belmont: Thomson Wadsworth. National Orphan Train Complex. (n.d.). Frequently Asked Questions. Retrieved January 9, 2011, from National Orphan Train Complex: http://www.orphantraindepot.com/FrequentlyAskedQuestions.html Roberson, W. S. (2007). Procedures in the Justice System. Upper Saddle River: Pearson Prentice Hall. Schmalleger, F. (2007). Criminal Justice Today, ninth edition. Upper Saddle River: Pearson Prentice Hall.
The adult system’s shifts leaked into the juvenile system, causing an increase in incarcerations even when delinquency rates were declining at the time. Juvenile reform legislations prompted more compulsory sentencing and more determinate sentences for juveniles, lowering of the upper age of juvenile jurisdiction, considerable ease in obtaining waivers to adult court for juvenile prosecution, and made it easier to gain access to juvenile records as well. Furthermore, it led to greater preoccupation with chronic, violent offenders, which in turn led to a redirection of resources for their confinement. Thereby, the absence of reliable criteria for identifying such offenders tends to stereotype all delinquents and is more likely to raise the level of precautionary confinements. These three major shifts in juvenile justice policy demonstrate the power and depth of traditional beliefs about the causes and cures of crimes in U.S. society. It also shows how the system can bend for a time in the direction of new approaches to prevention and control. Today, we are presently in a time of conservative responses where the prevailing views about crime express beliefs about prevention, retribution, and incapacitation that are profoundly rooted in our
Juvenile Justice Reforms in the United States. (n.d.). Retrieved September 20, 2011, from Juvenile Transfer to Criminal Courts: http://www.ojjdp.gov
Bartollas, Clemens and Miller, Stuart J. (2014). Juvenile justice in america (7 ed.). Boston: Pearson Education, 58-60.
Vito, Gennaro F., and Clifford E. Simonsen. Juvenile justice today. 4th ed. Upper Saddle River, N.J.: Pearson/Prentice Hall, 2004. Print.
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.
Larry J. Siegel, Brandon C. Welsh. "Juvenile Delinquency Theory, Practice, and Law." Linda Schreiber Ganster, n.d. 549.
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.
May, M. (2002) ‘Innocence and Experience: The Evolution of the Concept of Juvenile Delinquency in the Mid-nineteenth Century,’ In J. Muncie, G. Hughes and E, McLaughlin (2002) Youth Justice: Critical Readings. London: Sage
Roberson, C., Wallace, H., & Stuckey, G. B. (2013). Procedures in the justice system (1st ed.). [Vitalsource or Kaplan University]. Retrieved from https://online.vitalsource.com/#/books/9781269223119/pages/76743177
Jenkins Jennifer “On Punishment and Teen Killers.” Juvenile Justice Information Exchange, 2 August 2011. 7 May 2014.
Cox, S. M., Allen, J. M., Hanser, R. D., & Conrad, J. J. (2014). Juvenile Justice A Guide to Theory, Policy and Practice (8th ed.). Sage publications Inc.
Thompson, W, & Bynum, J. (1991). Juvenile delinquency. Needham Heights, MA: Allyn and Bacon A Division of Simon & Schuster, Inc.
John P. Wright, Kären M. Hess, Christine H. Orthmann. "Juvenile Justice." Cengage Learning; 6 edition, 2012
Agnew, R., & Brezina, T. (2009). Juvenile delinquency causes and control. (4th ed., pp. 3-583). New York City: Oxford University Press, Inc.
Bridges, K. M. Banham . "Factors Contributing to Juvenile Delinquency." Journal of Criminal Law and Criminology 17.4 (1927): 531-76. scholarlycommons.law.northwestern.edu. Web. 15 Mar. 2014.