Juvenile Delinquency Defining Juvenile Delinquency

The social construction of J.D. What three historical developments led to the social construction of “juvenile delinquency”: The “discovery” of childhood and adolescence The English common law doctrine of parens patraiae The rise of positivist criminology

The discovery of childhood and adolescence Childhood in ancient Greece Childhood in the Middle Ages

The discovery of childhood and adolescence Philippe Aries, “Centuries of Childhood”

The discovery of childhood and adolescence John Locke-children are born “neutral” Jean-Jacques Rousseau-people are inherently good; five stages of development

The Parens Patriae Doctrine Emerging in late 14 th and early 15 th century in response to a series of cases heard before the English chancery courts Adopted in U.S. as part of Anglo- Saxon legal tradition of England; provided the fundamental legal authority for the idea of juvenile delinquency and early juvenile court

Positivist criminology An approach or school of thought that emerged in the last half of the 19 th century Based on positivism-the use of scientific methods to study crime and delinquency Scientific approach advanced by positivism assumes that crime and delinquency are caused or determined by identifiable factors, a cause and effect relationship referred to as determinism

Positivist criminology The use of scientific methods to uncover the causes of crime implies the possibility that the social pathologies that cause criminal behavior can be understood and treated The rehabilitative ideal

Invention of the Juvenile Court Poor laws, Charities and Pauperism >the colonial acceptance of the notion of original sin led to the interpretation that poverty and crime were expressions of a naturally depraved state

Invention of the Juvenile Court Colonial “poor laws” stipulated a community obligation to support and “relieve” the poor-though often without clear resources provided Separating poor children from “undeserving parents Laws passed The creation of charitable organizations

Houses of Refuge and Moral Reform Ex parte Crouse

Placing-Out and Orphan Trains Placing-out involved taking groups of vagrant children west by railroad or “orphan trains” for placement with farming families

Reform Schools Emphasized education and operated with traditional school schedules Some children grouped into “families” of forty or fewer Affectional discipline used in lieu of physical discipline

Child-Saving Movement Role in creating the 1 st Juvenile Court??

Creation of the Juvenile Court The Juvenile Court Act

The Second Revolution: Transformation of Juvenile Justice Thought and Practice Challenges to the Traditional Juvenile Court The Due Process Revolution in Juvenile Justice The Juvenile Justice and Delinquency Prevention Act of 1974

Getting Tough: Initiatives for Punishment and Accountability Transfer Provisions Sentencing Authority Confidentiality Balanced and Restorative Justice