Evolution of the Juvenile Justice System

1. Evolution of the Juvenile Justice System Chapter 1 Philosophical & Historical Roots

2. 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

3. 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)

4. 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.

5. 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

6. 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

7. 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

8. 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”

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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