A History of the Juvenile Justice System The

A History of the Juvenile Justice System The Nutshell Version, Anyhow

Two Central Issues 1. Why should kids who commit crimes be treated any differently than adults? • • At what age should a child be held criminally responsible for their actions? At what age does a kid cease to become a “kid? ” 2. If kids should be treated differently, how should they be treated?

Pre-Middle Ages • Code of Hammurabi (2270 b. c. ) • Other Examples – Roman civil and church law – Ancient Jewish and Moslem laws

Middle Ages (500 -1500 ad) • Roman criminal law codified in the “Twelve Tables” – Eventually, under the “Justinian Code” • 0 -7 Years = not criminally responsible • 7 -12/14 = know right from wrong? • >12/14 = adult • English common law emerges (1000 -1100 ad) – Early common law = “too young for punishment” – By 1500 s, common law adopts scheme similar to Justinian code

Middle Ages II • English Common Law – 0 to 7 = not criminally responsible – 7 -14 = burden on state to demonstrate that the child: • Formed criminal intent • Understood consequences of their actions • Knew right from wrong • Concept of Parens Patriae develops – Civil law, King as “parent of country”

England 1500 -1700 • Statute of Artificers (1562) and Poor Laws (1602) – Children of paupers apprenticed • Punishment of criminal children still similar to adults – Corporal/public, banishment, galley slavery • Bridewell Workhouse (London, 1557) – Precursor to prisons, idea = “reform through labor” – Mostly for “idle”/”disorderly”

Colonial America • Until the late 1700 s English Common Law – Prison uncommon, many children found “innocent” to spare them corporal punishment

U. S. 1775 -1825 1. The Industrial Revolution 2. The Birth of the Penitentiary 3. “Gentleman Reformers” Result of these trends: Houses of Refuge – Ex Parte Crouse (1839) And later, “Industrial” and “Reform” schools – People ex rel. O’Connell V. Turner (1870)

The “Child Saving Movement” • Child Savers disgruntled with “child prisons” – Deep mistrust of “the city” and immigrants • Advocated rural “Cottage Style” housing • Helped to “place out” city kids to farm families

Progressive Era (1900 -1930) • The Progressives – Optimists + Faith in Government • General = sanitation, poverty, unsafe labor… • Juveniles = compulsory education, helped shape juvenile justice system

The Juvenile Court Movement • First Juvenile Court in Illinois (1899) – Quasi-civil nature of court • Parens Patriae = act in best interest of child using noncriminal procedures • No “special wrong” necessary – Characteristics • • Informal, closed proceedings with sealed records Medical model of “diagnosing” social ills Age = 15 years and younger Probation Officers to investigate and rehabilitate

J. C. Spreads (1900 -1950)

Innovation and Stability • Juvenile Courts Spread, but differences emerged – Some states require procedures similar to criminal court, others courts grant judge complete discretion to “follow conscience” • Discretion/Informality becomes key issue – Good? – Bad? • By the 1950 s, many juvenile courts are “bureaucratic and burdened”

Winds of Change 1960 -1975 • Social Context of this Period Crucial – Viet Nam, Kent State, Attica, Watergate… – Increase in crime, divorce, single parents… – Youth flaunting morals of prior generation • Ideological Responses – Conservatives? – Liberals/Progressives?

Strange Bedfellows • Conservatives and Liberals largely agree on policy Issues – In both adult and juvenile system, discretion should be limited – Juveniles should be granted due process rights • Differences? – Conservatives treat juveniles more like adults, punishment works – Liberals most juveniles should be diverted from the system, short sentences for those that aren’t

Constitutional Domestication • • Kent vs. United States (1961) In Re Gault (1967) In Re Winship (1970) Breed v. Jones (1975) • Justice Stewarts Dissent Opinion in Gault

From Cox et. al (Your Book) • “Legalists” • “Case Workers” (Social Work)

OJJDP and DSO • 1967 President Johnson’s “Commission on Law Enforcement and Administration of Justice. ” • 1974 Congress enacts “Juvenile Justice and Delinquency Prevention Act. ” – Creation of OJJDP – Decriminalization, Deinstitutionalization, elimination of court authority over status offenders • Mass. “deinstitutionalization” experiment

Getting “Tough” 1980 -2000 • Backlash against diversion, labeling theory – Political Rhetoric “get tough on juveniles” – National “war on drugs” – 1984 National Advisory Committee for Juvenile Justice Delinquency and Prevention

How have we gotten “tough? ” • Legislative Policy – – Juvenile Wavier, Statutory Exclusion Lower upper age limit of jurisdiction Sentencing (Blended, mandatory minimum) Confidentiality, records in adult courts • Types of Punishment – Boot Camps, ISP, Electronic Monitoring

Where is policy now • Crime in general is not “high profile” issue • OJJDP 1993 Comprehensive Strategy • Barry Feld’s “Criminological triage”

Research For Debates and Papers • I Expect evidence from academic sources – Journal articles, academic books • Searching for articles/books – Get references from books or articles – Government reports (OJJDP, NCJRS…) – Search • Criminal Justice Abstracts • Sage journals search (full text) • Journal of Crime and Delinquency (full text)