1. The History and Development of Juvenile Justice
Juvenile Delinquency
The History and Development
of Juvenile Justice

2. Chapter Goals
Understand social changes leading to creation of juvenile court
Be familiar with landmark Supreme Court cases
Know how juveniles are processed in the system
Understand conflicting values in contemporary juvenile justice
Recognize similarities/differences between adult and juvenile systems

3. Chapter Goals Argue pros/cons of system’s goal of treatment
Be aware of key elements of comprehensive juvenile justice strategy
See differences between prevention/intervention
Be able to identify pressing issues affecting future of juvenile justice

4. Case Profile: Jennifer’s Story
Two parent family with 1 sibling
Urban environment
Trouble began at age 16
Domestic trouble with boyfriend resulting in physical altercation with another female
Involved in diversionary Youth Court
Successful completion of diversion program led to eventual volunteer involvement in program after release

5. Juvenile Justice in the 19th Century
In the beginning of the 19th century , delinquent, neglected and runaway children were treated in the same way as adult criminal offenders
When convicted of crimes they received harsh sentences similar to those imposed on adults
The adult criminal code applied to children, and no juvenile court existed

6. Juvenile Justice in the 19th Century
During the 19th century legislation was introduced to humanize criminal procedures for children
The concept of probation, introduced in Massachusetts in 1841 was geared toward helping young people avoid imprisonment
Many books were written which heightened public interest in juvenile cases

7. Juvenile Justice in the 19th Century
But, still no special facilities existed for the care of youths in trouble with the law, nor were there separate courts to control their behavior
Several events led to reforms and the development of the Juvenile Justice System:
Urbanization
The child-saving movement
Growing interest in the concept of parens patriae
The development of institutions for the care of delinquent and neglected children

8. Juvenile Justice in the 19th Century
Urbanization
Early in the 19th century the U.S. experienced rapid population growth due to increased birth rate and expanding immigration
1790, 5% of the population lived in cities
1850, 15% of the population lived in cities
1900, 40% of the population lived in cities
1920, 51% of the population lived in cities
Between 1825 and 1855 NYC quadrupled its population from 166,000 to 630,000

9. Juvenile Justice in the 19th Century
Urbanization
This urbanization gave rise to increased numbers of young people at risk, who over-whelmed the existing system of work and training
By the late 18th century many began to question the family’s ability to exert control over children
Poverty became an American Dilemma
Affluent concerned with the “dangerous classes”, including the Poor, Single, Criminal, Mentally ill, and Unemployed

10. Juvenile Justice in the 19th Century
The Child Saving Movement
In 1817, New Yorkers formed the Society for the Prevention of Pauperism
They targeted taverns, brothels and gambling parlors, but were also concerned that the moral training of children was inadequate
The focus was on extending government controls over youth activities that had previously been left to private or family control

11. Juvenile Justice in the 19th Century
The Child Saving Movement
The most prominent of the care facilities developed by the Child Savers was the “House of Refuge” which opened in NYC in 1825
It was founded on the concept of protecting potential criminal youths by taking them off the streets and reforming them in a family like environment

12. Juvenile Justice in the 19th Century
The Child Saving Movement
The majority of children were placed there by court order because of status offenses, and their length of stay depended on need, age and skill
The children were required to do piecework provided by local manufactures or work in the community
The “House of Refuge” was run like a prison, with strict discipline, and this caused many children to run away
The “House of Refuge” eventually took a more relaxed approach

13. Juvenile Justice in the 19th Century
The Child Saving Movement
The philosophy of “Parens Patriae” (the duty of the state to act on behalf of the child and provide care and protection equal to that of the parent) allowed justice officials to place youths in restrictive settings for the youths own good and without the legal protections afforded by the adult criminal justice system

14. Juvenile Justice in the 19th Century
Were They Really Child Savers?
Critical thinkers believe that the “Child Savers” were motivated more by self interest than benevolence, and those upper class citizens sought to control the behavior and lifestyles of lower class youths:
Most cases were for petty crimes and status offenses, but still 25% of the youths were committed to some form of incarceration
The percentage was still higher for females, more than 96% of the females that were incarcerated were because of status offenses

15. Juvenile Justice in the 19th Century
Development of Juvenile Institutions
Other institutions developed in addition to the “House of Refuge”, including “Reform Schools”
Charles Loring Brace helped develop the Children’s Aid Society in 1853, wherein Brace rescued delinquent youths by taking them from the harsh environment of the street and provided them with temporary shelter
Brace then devised what he called his “Placing Out Plan” to send these children to western farms where they could be cared for and find a home

16. Juvenile Justice in the 19th Century
Development of Juvenile Institutions
The “Placing Out Plan” sent these children to western farms where they could find a home and be cared for:
This was accomplished by “Orphan Trains” which made pre-announced stops in western farming communities
Families wanting to take in children would meet the train, be briefly introduced to the passengers and leave with one of the children
Some benefited and some were exploited
Approximately 150,000 children were placed in rural homesteads under this program before it was stopped

17. Juvenile Justice in the 19th Century
Development of Juvenile Institutions
The Society for the Prevention of Cruelty to Children
The first Society for the Prevention of Cruelty to Children was established in NYC in 1874
By 1900 there were 300 such societies in the U.S.
They were concerned that abused and mistreated boys and girls would become criminals
Laws were passed to prosecute parents who neglected their children

18. A Century of Juvenile Justice
The Illinois Juvenile Court Act
The Child Saving Movement culminated in the passage of the Illinois Juvenile Court Act of 1899
This was the first modern Juvenile Court System, and was based on the following principles:
Children should not be had as accountable as adults offenders
The object of the Juvenile Justice System is to treat and rehabilitate rather than punish
Disposition should be predicated on analysis of the youth’s special circumstances
The system should avoid the adult criminal process rules and regulations

19. A Century of Juvenile Justice
Justice Abe Fortas (1967) in re Gault 1967
The early reformers were appalled by adult procedures and penalties and by the fact that children could be given long prison sentences and mixed in jails with hardened criminals. They were profoundly convinced that society’s duty to the child could not be confined by the concept of justice alone…The child, essentially good, as they saw it, was to be made to feel that he was the object of the state’s care and solicitude, not that he was under arrest or on trial…The idea of crime and punishment was to be abandoned. The child was to be treated and rehabilitated…rather than punitive

20. A Century of Juvenile Justice
The Illinois Juvenile Court Act
Similar legislation was enacted throughout the nation
By 1917 juvenile courts had been established in all but three states
However, this form of justice did not provide the juvenile offenders with the full array of constitutional protections available to adult criminal offenders

21. A Century of Juvenile Justice
The Illinois Juvenile Court Act
Attorneys were not required
Hearsay evidence was admissible
Verdicts were based on “Preponderance of the Evidence” instead of the stricter standard used in criminal courts “Proof Beyond a Reasonable Doubt”

22. A Century of Juvenile Justice
The Illinois Juvenile Court Act
The roles of the judge and the probation staff were to diagnose the child’s condition and prescribe programs to alleviate it
Until 1967, judgments about children’s actions and consideration for their constitutional rights were secondary

23. A Century of Juvenile Justice
Reforming the System
In 1912 the U.S. children’s Bureau was formed as the first federal child welfare agency
By the 1930s, the bureau began to investigate the state of juvenile institutions and tried to expose some of their more repressive aspects
After WWII critics began to identify problems in the juvenile justice system

24. A Century of Juvenile Justice
Reforming the System
Children were denied due process rights:
Representation by counsel
A jury trial
Freedom from self incrimination
Freedom from unreasonable searches and seizures
Remember the primary purpose was not punishment, but rehabilitation

25. A Century of Juvenile Justice
Reforming the System
In 1962 New York passed legislation creating a family court system which handled all matters involving family life
Created the PINS classification to handle truancy and incorrigibility
Took on a social services role
In the 60’s and 70’s, the U.S. Supreme court also altered the juvenile justice system with a series of decisions, establishing the same rights as adults in many areas of the trial process

26. A Century of Juvenile Justice
Federal Commissions
In 1967 the President’s Commission on Law Enforcement and the Administration or Justice suggested that the juvenile justice system must provide underprivileged youths with opportunities for success (jobs and education)
Also needed to develop effective law enforcement procedures to control hard core offenders, but still grant them “due process”

27. A Century of Juvenile Justice
Federal Commissions
Other programs developed as a result of the President’s Commission on Law Enforcement included :
Law Enforcement Assistance Administration (LEAA)
Juvenile Justice and Delinquency Prevention Act (JJDPA)
Violent Crime Control and Law Enforcement Act

28. A Century of Juvenile Justice
Federal Commissions
The Office of Juvenile Justice and Delinquency Prevention, established under Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) provided for 2 important goals:
Removing juveniles from detention in adult jails
Eliminating the incarceration of delinquents and status offenders in the same facility

29. Juvenile Justice Today
There are two distinct categories of offenders
Delinquent Children are those who fall under a jurisdictional age limit, which varies form state to state and who commit an act in violation of the penal code
Status Offenders are commonly characterized in state statutes as person or children in need of supervision (PINS)

30. Juvenile Justice Process
Police Investigation
Have authority to investigate and release or send to juvenile court (file petition)
Detention
If petition is filed, juvenile is referred to court
Decision then is whether child should remain in community or be placed in secure facility
Requires a detention hearing
Pretrial Procedures
Adjudication hearing involves informing juveniles of their rights, voluntary plea, and understanding of charges/consequences of plea

31. Juvenile Justice Process
Adjudication
Trial stage of juvenile court
Juveniles entitled to due process rights at adjudication hearing
Disposition
If found guilty, decision regarding what treatment child needs should be made
Bifurcated process
Hearing could result in a variety of treatment outcomes
Treatment
After disposition, delinquents may be placed on probation, in correctional treatment centers, or parole following a residential placement

32. Case Processing

33. Conflicting Values in Juvenile Justice
Treatment vs. Due Process Protection
Focus on treatment often undermines protection of due process
Focus on treatment requires admission of guilt/voluntary surrender of 5th amendment rights
Increase in juvenile crime in 1990s resulted in focus on punishment
Lack of clear/consistent goals in juvenile system
Mixed messages to juvenile offenders
Inconsistent treatment of juvenile offenders
Some suggest abolishing juvenile justice system

34. Conflicting Values in Juvenile Justice
Juvenile Terms
Delinquent Child
Delinquent Act
Taken into Custody
Petition
Agree to a Finding
Deny the Petition
Adjustment
Detention Facility
Prison
Adult Terms
Criminal
Crime
Arrest
Indictment
Plead Guilty
Plead Not Guilty
Plea Bargain
Jail
Treatment Facility

35. Criminal versus Juvenile Justice
Some experts believe the juvenile justice system has become a mini adult court and have recommended abolishing it.
Many components of these systems are similar
Juvenile court has separate structure
Systems have different focus areas
Juvenile-treatment
Adult-punishment
In some areas, juvenile courts are staffed by specialists
Juvenile court seeks to avoid stigma and labeling
Use of different terms…but equal the adult equivalent

36. A Comprehensive Juvenile Justice Strategy
Prevention
Research has shown that low intelligence and school attainment, impulsiveness, poor parental supervision, parental conflict, and living in crime ridden and deprived neighborhoods may lead to delinquency…A comprehensive strategy should include:
Intervention
Graduated Sanctions
Institutional Programs
Alternative Courts

37. A Comprehensive Juvenile Justice Strategy
Intervention
Intervention programs are focused on teenage youths considered to be at high risk for engaging in petty delinquent acts, using alcohol or drugs or associating with antisocial peers
Big Brother and Sister Programs match volunteers with children
The Juvenile Mentoring Program matches volunteers with youths at risk of dropping out of school
The Job Corps and Youthbuild U.S.A. provides job training

38. A Comprehensive Juvenile Justice Strategy
Graduated Sanctions
Immediate Sanctions are community based diversion and day treatment
Intermediate Sanctions are for repeat minor offenders and first time serious offenders and include probation and electronic monitoring
Secure Institutional Care is reserved for repeat serious and violent offenders

39. A Comprehensive Juvenile Justice Strategy
Institutional Programs
Juvenile incarceration is overused
Warehousing juveniles without proper treatment does little to deter criminal behavior
The most effective secure corrections programs are those that provide individual services for a small number of participants

40. A Comprehensive Juvenile Justice Strategy
Alternative Courts
New venues of juvenile justice that provide special services to youths while helping to control the case flow problems that are caused by overcrowding juvenile courts
Juvenile Drug Courts and Teen Courts

41. A Comprehensive Juvenile Justice Strategy
Alternative Courts
Teen Courts offer at least four potential benefits
Accountability
Ensure teens are held accountable for their illegal behavior
Timeliness
Shorter time period from arrest to sanction which may increase the impact of the sanction
Cost Savings
Use of volunteers rather than paid personnel
Community Cohesion
Contribute to public appreciation of the legal system and how what it is attempting to accomplish