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HISTORY OF JUVENILE JUSTICE SYSTEM, 1899-1975.
Term Paper ID:25930
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Essay Subject:
Origins, purposes, philosophy, compared to adult system, focusing on procedural safeguards of 1960-70s.... More...
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6 Pages / 1350 Words
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Paper Abstract:
Origins, purposes, philosophy, compared to adult system, focusing on procedural safeguards of 1960-70s.
Paper Introduction:
Determining a defining moment in juvenile justice should mean identifying a key action which has had not only an immediate impact but also a long-term impact. Additionally, it should be a moment that would have a national impact as opposed to one confined to a single state, though such an impact might develop over time as an idea implemented in one state would spread slowly to others and then become an accepted element in the system. Admittedly, this might not be defined as a moment, but this has to be considered in the context of what went before and what came after, showing that the event, moment, or movement produced a major paradigm shift in the way the issue is viewed. The beginning of the juvenile justice system is itself a defining moment, suggesting the way the American court system would treat juvenile offenders after that time. However, while this paradigm preva
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Additionally, it should be a moment that wouldhave a national impact as opposed to one confined to a single state, thoughsuch an impact might develop over time as an idea implemented in one statewould spread slowly to others and then become an accepted element in thesystem. This change was not merely procedural and has been a two-edged sword.On the one hand, juveniles are now afforded adult protections and the samerights to defend themselves as adults have long had. The jurisdiction of the juvenilecourt was also expanded in many states and the court further acquired moreinfluence on the welfare of children, the family, and family relationships(Vito and Wilson 48-49). Pennsylvania(1971) was a counter move in that it "reverted to an earlier rationale inruling that the federal constitution did not compel states to provide theright of jury trial to an accused juvenile" (Mahoney 26). This was animportant constitutional protection rescinding the rule in earlier caseswhere it had been held that the double jeopardy clause did not apply tojuveniles who could subsequently be convicted in criminal court or whocould be subject to successive juvenile proceedings arising out of the sameconduct. New York: State University of New York Press, 1988.Shireman, Charles H. At the federal level, the changes that were brought aboutwere fundamental and derived from concern brought about by increasedjuvenile arrests and juvenile court cases, increased public concern aboutcrime, and criticism of the existing juvenile justice system. The most important of these cases wasIn re Gault in 1967 in which the Supreme Court held that a child has theright to a lawyer, including the right to a free lawyer if necessary. The philosophy prevailing in the adult court system in the nineteenthcentury was one of deterrence, but reformers opposed this idea and saw thecriminal court as harsh and oppressive, particularly with reference to thetreatment of children. Reamer, Rehabilitating Juvenile Justice. Youthful defendants were nowbeing treated as just that--defendants rather than wards of the court. Lawyers and advocates for children's rights challenged the juvenilecourt and identified cases that were a cause for concern. The court was created in response to the work ofindividuals and organizations dedicated to many social causes includingprison reform, women's suffrage, the abolition of poverty, and childwelfare. Boston: Northeastern University Press, 1987.McGarrell, Edmund F., Juvenile Correctional Reform. This came ata time when the Kennedy Administration was taking an activist approach byraising the issues of juvenile justice to the national level (McGarrell 7). Determining a defining moment in juvenile justice should meanidentifying a key action which has had not only an immediate impact butalso a long-term impact. The SupremeCourt ruled on several of these cases and handed down decisions that wouldreshape the juvenile justice system. On the other hand,more courts are simply treating juveniles as adults, with adults sentencesas well. These ideaswould be prevalent before the creation of the court as part of the childwelfare movement, which helped in the establishment of institutions forjuveniles to keep them out of New York and Boston adult jails. (1966) in which the Court "asserted that in procedures concerningtransfer from juvenile court to criminal court, due process fairness mustattach" (Mahoney 26). Jones (1975) was a case involving the application ofthe double jeopardy clause of the fifth amendment to juveniles through thefourteenth Amendment: "This decision prevented a juvenile from beingadjudicated in the juvenile court and then transferred to an adult courtwhere a harsher sentence could be imposed" (Mahoney 26). Works CitedMahoney, Anne Rankin, Juvenile Justice in Context. Breed v. The actpassed in 1899 established a juvenile court in every county with apopulation of more than 5 , , which at the time applied only to CookCounty (Vito and Wilson 47-48). This was a time of increased public awareness of social problemsand issues of justice, and the creation of the court was also only one ofseveral social trends directed at improving the welfare of children, alongwith such considerations as child labor regulations, expanded publiceducation, and special services for disabled children. The ideaof this type of court spread rapidly, and by 192 all but three states hadjuvenile courts--all had them by 1945. Many of the elements of adult court procedure wereeliminated, such as indictments, pleadings, and juries. The procedures were to be informal, and charges were not filedagainst the child; instead, a petition was filed in his or her interest"(Vito and Wilson 48). Instead, theprobation officers and the judge used informal hearings to determine thecauses of the problem and to recommend and oversee the treatment. Itwas also necessary that a written notice of the specifics of the offensemust be provided for both children and parents, that children have theright to cross-examine witnesses against them, and that children should beprotected against self-incrimination. and Frederic G. Admittedly, this might not be defined as a moment, but this has tobe considered in the context of what went before and what came after,showing that the event, moment, or movement produced a major paradigm shiftin the way the issue is viewed. In English common law,it was presumed that children are more innocent than adults. Beverly Hills: Sage Publications, 1985. After 196 , there was a trend that can be signified as a counter-revolution in the juvenile court system: "We believe this development tohave been necessary and valuable, even inevitable. By 1974, eleven stateshad done just that and had included provisions for jury trials for juvenileoffenders. New York: Columbia University Press, 1986.Vito, Gennaro F., Deborah G. The first juvenile court in the United States was founded in 1899 inCook County, Illinois. Wilson, The American Juvenile Justice System. A state couldprovide this option by legislation if it wished, however, or the state'sappellate court could find that the state constitution required the rightof a trial by jury for juveniles within the state. This was part of a larger trendeliminating many of the paternal elements that had prevailed since thecreation of the first juvenile court in 1899. However, while thisparadigm prevailed for many decades, it did change around 196 beginningwith certain state court systems and then spreading to others because ofSupreme Court decisions supporting the change. The court created in 1899 would have jurisdictionover children who were under the age of sixteen and who were found to bedependent, neglected, or delinquent: "The court was to be a specialjurisdiction within the circuit court, presided over by separate judges.The children were to have a separate court, separate hearings, and separaterecords. California and New York led the way withrevisions after a period of a rise in appellate court cases involving thejuvenile court, criticism of the lack of procedure in the juvenile courts,and the establishment of special commissions to study the problems of thejuvenile courts. McKeever v. In re Winship (197 ) was a case in which the courtruled that proving a case against a juvenile in court requires proof beyonda reasonable doubt, just as in an adult trial. McGarrell notes that the first signs of change in the juvenilejustice system were seen in the early 196 s at both the state and federallevels, at which time there was a substantial revision of juvenile codes toadd many of the procedural safeguards called for by the Supreme Courtdecision in various cases. We also believe thatthere is danger that it will achieve a powerful momentum, and whilesweeping away many of the superficial excrescences and absurdities of theoriginal revolution, may result in the loss of much of value" (Shireman andReamer 31). This trend would be continued with decisions such as that in Kane v.U.S. The court was basedon the legal model of British institutions, such as the Court of Chanceryunder which the king acted as parens patriae (or the father of his country)to exercise guardianship over wards of the state. The beginning of the juvenile justicesystem is itself a defining moment, suggesting the way the American courtsystem would treat juvenile offenders after that time.
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