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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

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evolution of the juvenile justice system

Evolution of the Juvenile Justice System

Chapter 1

Philosophical & Historical Roots

juvenile justice
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
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 societies1
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
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 9 th 15 th century
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
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 period1
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
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
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
slide11
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
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 s1
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
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
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 19801
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 19802
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 period 1980 s to present
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 period 1980 s to present1
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