The Juvenile Justice System

Nineteenth Century Juvenile Justice
American juvenile justice (and criminal justice) is rooted in the English legal system
this system did not much discriminate between adult and child offenders
Under age 7 (or 10) child was not considered prosecutable at all; over age 10, could be prosecuted as an adult
Treatment was harsh, and children were often housed with adult criminals
Some humanizing attempts were introduced:
Massachusetts introduced probation in 1841
By mid-century, special institutions introduced for children

Factors in the Development of the Juvenile Court
Industrialization and Urbanization
Child Saving Movement
Development of Juvenile Institutions

Industrialization and Urbanization
19th century witnessed massive population growth due to higher birth rates and immigration
Industrial economy resulted in massive relocation to the cities

Child-Saving Movement
This name was given collectively to those responding to the needs of primarily poor children in the 19th century.
They engaged in various activities:
lobbied state legislatures to enact laws to commit wayward youth
instrumental in development of the institution
launched propaganda campaigns
generally, brought into focus the concept parens patriae
Most of the child savers were white, middle class women
The premiere organization to emerge was Society for the Prevention of Cruelty to Children
first established in New York in 1874
By 1900, 300 SPCC chapters were formed

The Juvenile Institution
This was a major contribution of the child savers
Were called by various names, including Houses of Refuge, Reform Schools, etc.
Initially, these were congregate living arrangements; later the “cottage plan” was implemented

Establishment of the Juvenile Court
The juvenile court was the logical next step to the institution
It was first established in Cook County, IL, in 1899
By 1917, all but three states had adopted the juvenile court
The Illinois invention a watershed:
it set the model for courts to come
made an official distinction between neglected and abused children, and those who were delinquent
consequently, for the first time, juvenile misconduct was officially known as “juvenile delinquency.”

Twentieth Century Implementation
The new juvenile courts handled three types of cases:
criminal (delinquent) cases
“status offense” cases (by about 1920)
delinquent environment cases
The Illinois model went unchallenged until after WWII
Major challenges came in the 1960’s:
In re Gault and other cases challenged the lack of constitutional rights for children, including right to attorney, etc.
In 1962, New York created a “family court:”
included other family issues such as adoption and support hearings
established a new category: Person in Need of Supervision (PINS)

Contemporary Overview
More than 3000 juvenile courts in the U.S.
About 6500 juvenile probation officers
Some statistics on juveniles:
2.2 million juveniles arrested each year
1.5 million of these are petitioned to the courts
500,000 children placed on formal or informal probation
just under 100,000 held in institutions
untold number diverted into community work

Philosophical and Procedural Distinctions between Juvenile and Criminal Justice
Philosophical differences
focus on rehabilitation (vs. punishment)
concern for the welfare of the child (vs. community)
Procedural differences
effort made to reduce stigma attached to criminal courts
proceedings are much more informal
proceedings are usually kept private
only recently have lawyers and cross examination been allowed