This term paper will examine the history of the Juvenile Justice System and the different types of correctional facilities.
Throughout the years there has always been one question, what will we do with the juveniles when they entire the justice system? Here is the answer to that, the first juvenile court in the United States was established in Chicago in 1899 over 100 years ago. There have been significant modifications made to the juvenile court system since the late 1960’s due to Supreme Court decisions, federal legislation, and changes in the state legislation. Up until these changes were made, children who broke the law were treated the same as adult criminals. Children as young as seven years old who were accused of wrongdoing were
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Proof “beyond a reasonable doubt” rather than merely “a preponderance of evidence” was now required for an adjudication” (Snyder & Sickmund 2006, p.96). A case to represent these laws enacted is the In re Gault 387 U.S. 1, 87 S.Ct. 1428 (1967). This case was about a fifteen year old, Gerald Gault, who was on probation in Arizona for a minor property offence, when in 1964, he and a friend made a prank telephone call to an adult neighbor. In the court proceedings, Gault’s lawyer argued that the accused was violated of his constitutional rights. In this case, the rights to notice the charges counsel, questioning of witness and self-incrimination etc. were …show more content…
This act in particular, required deinstitutionalization of status offenders and non-offenders as well as the separating of juvenile delinquents from adult offenders, also referred to as Sight and Sound Separation. Through this act, juveniles who are charged with crimes like running away from home, violating the state or city’s curfew laws, and/or being in possession of alcohol, are no longer sent off to detention centers for punishment; instead, the courts may decide whether to fine the offender or refer them to counseling. Research has shown that housing juvenile and adult offenders in the same facility can lead to great risks. Through Juvenile and Family Journal, Martin Forst explains, “Children in adult prisons were twice as likely to report being “beaten up” by staff”. In addition to those claims, the Coalition for Juvenile Justice states that "children housed in adult jails and lock-ups have been found to be eight times more likely to commit suicide [and] 50 percent more likely to be attacked with a weapon than children housed in juvenile facilities” ("Juvenile Justice and Delinquency Prevention Act | CJJ," n.d.). These alarming and disturbing statistics showcase the dangers juveniles face when confined with adult
Vito, Gennaro F., and Clifford E. Simonsen. Juvenile justice today. 4th ed. Upper Saddle River, N.J.: Pearson/Prentice Hall, 2004. Print.
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.
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.
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.
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
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 juveniles 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 to understand their actions or be provided a second chance.
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.
Many people say that the systems first priority should be to protect the public from the juvenile criminals that are a danger to others. Once the juveniles enter the system there is however, arguments on what should be done with them. Especially for those deemed too dangerous to be released back to their parents. Some want them locked away for as long as possible without rehabilitation, thinking that it will halt their criminal actions. One way to do this they argue would be to send them into an adult court. This has been a large way to reform the juvenile system, by lowering the age limits. I believe in certain cases this is the best method for unforgiving juveniles convicted of murder, as in the case of Ronald Duncan, who got away with a much lesser sentence due to his age. However another juvenile, Geri Vance, was old enough to be sent into the adult court, which caused him t...
In 1899, the nation’s first juvenile court for youth under the age of 16 was established in Chicago to provide rehabilitation rather than punishment. By 1925, following the Chicago model, all but two states had juvenile courts whose goals were to turn youth into productive citizens utilizing treatment that included warnings, probation, and training school confinement(Cox et al. 2014, p.2). Treatment lasted until the child was “cured” or turned 21. Although judges spoke with the offending children and decided upon the punishment, the lack of established rules and poor rehabilitation led to unfair treatment. In 1967 “ U.S. Supreme Court case of In re Gault held that juveniles were entitled to the same constitutional due process rights as adults, beginning a national reform in juvenile justice and the system was repaired to afford children many of the same rights that adults have in court” (Cox et al. 2014, p.4). Also, state legislatures passed laws to crack down on juvenile crime, as recently, states have attempted strike a balance in their approach to juvenile justice systems as research suggests that locking youth away in large, secure juvenile facilities is ineffective treatment towards different genders in which it doesn’t provide appropriate rehabilitation.
Harassment, reckless endangerment, and burglary are all juvenile offenses. These juvenile offenses almost always stay on the juvenile’s criminal record, and the offenses displayed on a juvenile’s criminal record may cause employers, educators, and other authority figures to think less of the juvenile offender. As a viewer can see, this one mistake or lapse in judgment can ruin the juvenile offenders chance to further their success in life. For example, juvenile offenders may not obtain the dream job that they have always wanted, get into the college that they have always wanted to, or be eligible for a scholarship whether athletic or academic. However, there is a loophole in the juvenile justice system called teen courts. Teen courts give first-time offenders and some re-offenders a second chance because the offense (s) do not go on their criminal record, and their peers get to decide what sanctions the juvenile offender receives or performs. The big question that I am going to discuss throughout this essay is do juvenile offenders who appear before teen courts recidivate?
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).
A deep look into juveniles in adult prisons. Touch bases on several smaller issues that contribute to juveniles being in and effects of adult prisons. The United States Bureau of Prisons handles two hundred and thirty-nine juveniles and their average age is seventeen. Execution of juveniles, The United States is one of only six countries to execute juveniles. There are sixty-eight juveniles sitting on death row for crimes committed as juveniles. Forty-three of those inmates are minorities. People, who are too young to vote, drink alcohol, or drive are held to the same standard of responsibility as adults. In prisons, they argue that the juveniles become targets of older, more hardened criminals. Brian Stevenson, Director of the Alabama Capital Resource Center said, “We have totally given up in the idea of reform of rehabilitation for the very young. We are basically saying we will throw those kids away. Leading To Prison Juvenile Justice Bulletin Report shows that two-thirds of juveniles apprehended for violent offenses were released or put on probation. Only slightly more than one-third of youths charged with homicide was transferred to adult criminal court. Little more than one out of every one hundred New York youths arrested for muggings, beatings, rape and murder ended up in a correctional institution. Another report showed a delinquent boy has to be arrested on average thirteen times before the court will act more restrictive than probation. Laws began changing as early as 1978 in New York to try juveniles over 12 who commit violent crimes as adults did. However, even since the laws changed only twenty percent of serious offenders served any time. The decision of whether to waive a juven...
Late eighteenth and early nineteenth century was the beginning of creating a difference in the way delinquents were handled. Historically, an offender who was above seven years of age was imprisoned together with the adults. Though an offender who was between seven and fourteen years of age was presumed as one who is not able to form the required criminal intent it gave the prosecutor room to prove otherwise. A house referred to as the New York House of Refuge was established by reformers in 1824, and it was meant to curb the problem of sending a child offender to an adult jail. In 1899 a juvenile court was established in Cook County, Illinois and another one in April 1905 in Birmingham (Shore). There was an educational reform movement that advocated for reform in juvenile justice. The movement was referred to as the Society for the Prevention of Juvenile Delinquency. The main issue that legislation and movements sought to address was the separation of delinquents from the adult offenders. In a case of an adult offender the court looks at the act committed. However, with the emergence of juvenile courts the focus is on the delinquent who is viewed as a child, and who needs to be helped. In the spirit of ensuring that trials against children were handled in a speedy and in a confidential manner, children below fourteen years were tried immediately before two magistrates (19th Century Bedford Gaol).
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.