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Evolution of Juvenile Justice in America: From Parens Patriae to Modern Approaches

Explore the history and development of juvenile justice in America, from the concept of parens patriae to the modern approaches used today. Learn about landmark Supreme Court cases, the role of juveniles' families, and the factors that influence juvenile delinquency.

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Evolution of Juvenile Justice in America: From Parens Patriae to Modern Approaches

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  1. Chapter 17 Corrections for Juveniles

  2. definition “parens patriae” • the “parent of the country;” the role of the state as guardian and protector of all people (particularly juveniles) who are unable to protect themselves

  3. Evolution of juvenile justice in America, 1600s - 2000 • Crime Control • 1980 - 2000 • victim emphasis • punishment of serious offenders • waive serious cases • Juvenile Rights • 1960 - 1980 • In re Gault, 1967 • JJ & Del. Prev. Act, 1974 deinstitutionalize status offenders • legalization of juv. law • Juvenile Court • 1899 - 1960 • Ill. Juv. Crt, 1899 • separate legal system for juv’s • child as “legally irresponsible” • Refuge Period • 1824 - 1899 • NY House of Refuge, 1825 for delinquent & dependent children • child as “helpless” • Puritan Period • 1646 - 1824 • Mass. Stubborn Child Law, 1646 • child as “evil”

  4. hallmarks of juvenile court • informality • not hindered by legalities of “due process” • judges ran sessions as conversations exploring needs of child • individualization • each child is unique and has unique circumstances, problems, and needs • intervention • aim not to punish, but to help child become law-abiding • identify and solve problems; provide treatment

  5. definition “delinquent” • a child who has committed an act which, if committed by an adult, would be criminal

  6. definition “neglected” • a child who is not receiving proper care because of some action or inaction of his or her parents

  7. definition “dependent” • a child who has no parent or guardian or whose parents are unable to give proper care

  8. definition “In Re: Gault” • watershed Supreme Court case granting “essential” due process rights to juveniles facing adjudication by juvenile court • notice • hearing • counsel • cross-examination

  9. why treat juveniles differently • juveniles are young and may easily change • more susceptible to treatment • juveniles have a high rate of ‘desistance’ • most never get in trouble again • juveniles’ families important to their lives • state acts in partnership w/ family to treat child • juveniles are easily influenced by peers • juvenile crime is a group phenomenon • removed from the group, child will behave • juveniles have little responsibility for others • easier to get them to isolate & modify behavior

  10. % arrests involving juveniles by crime

  11. % arrests involving juveniles other crimes (cond)

  12. high risk juvenile offendersfactors of concern • persistent behavior problems in elementary school years • onset of delinquency, aggression, drug use between 6 & 11 • antisocial parents • antisocial peers, poor school attendance, impulsivity, weak social ties between 12-14 • membership in delinquent gangs • drug dealing

  13. juvenile offender dispositions • waiver (to adult court) • diversion • correctional programs • detention • juvenile probation • working in the school • intermediate sanctions • juvenile community corrections • juvenile incarceration • juvenile aftercare

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