Juvenile Justice in America SOC 106 Part 1

Juvenile Justice in America SOC 106 Part 1 – Childhood and Delinquency

1. Evolution of juvenile justice in the 20 th century a. Progressive era - first quarter (1900 – 1925) - “Age of Reform” (1) Progressives believed: - family: influential in child development - parents: bring up child properly - children: be obedient / work hard (2) During this era:

- educated class / in power - feared commoner (a) Poor / working class - destroy society built - lose wealth / status - change lifestyle - personal / business (b) Demanded action - preserve social order - laws / methods enacted - to protect

(3) ‘Medical model’ - earliest theories exploring biological / psychological factors - not fully developed humans (a) Juvenile courts were developing - followed medical model theory - established in Cook Co, Illinois (b) Court knew juvenile need - what considered best - case worker recommendation - closed court system

(5) “Commonwealth vs. Fisher” – 1905 - US Supreme Court - informal: not crimes - file without “due process” (6) Special methods to be used - could be saved - delinquency: preventable / curable (a) Provide support to child - not received from family - school / friends / community

(b) Court jurisdiction - criminal / non-criminal b. First probation officer - good of child - involved: intake / corrections - role: legal / social services (1) Involvement of federal government - “troubled youth” - US Children’s Bureau – 1912 - first child labor laws

(2) Highlights of Progressive Era: (a) Philosophies - transition period - had to be controlled - families: control children - both criminal / socially accepted behaviors - reformed by public effort (family failed) (b) Treatment

- rehabilitation - save delinquent - biological / psychological efforts (c) Policies - juvenile courts - parens patriae: dominant force (continues today) - feds: provide direction 2. New Deal Era - 1920 to 1960

a. Increased turmoil - Great Depression - World War II - Korean Conflict (1) Child welfare subsidies - dependent / neglected / abused / delinquent youth - still in effect: welfare / Social Security - money to needy families with children (2) Juvenile Court Act – 1938

- 5 central philosophies (a) State: “higher or ultimate parent” - can remove children (b) Children worth saving - non-punitive measures (c) Children to be nurtured - not stigmatized (d) Juvenile justice needs to be individual

- background of child - diagnostic evaluation (e) Use of non-criminal procedures are necessary - community programs / treatment / education (f) Despite these efforts: - juvenile delinquency continued to rise

(3) Federal Youth Corrections Act – 1951 - Juvenile Delinquency Bureau - placed under Department of Health, Education, and Welfare - still follows ‘Medical Model’ (a) Washington State - Department of Social / Health Services (b) Treated with expectation of rehabilitating them

b. Highlights of New Deal Era (1) Philosophies - attempt to control / improve social conditions - led back to conformity (2) Treatment - handled by juvenile courts - send to institution for treatment (3) Policies

- federal government broadened role - juvenile courts in all states 3. Great Society Era - 1960 s under President Lyndon Johnson - youth began to rebel / refused to conform - crime / drugs / alternate lifestyle a. Juvenile crime on increase - costing $20 million each year - $17 billion spent over next 6 years to fight delinquency

(1) Spent on delinquency prevention - police / courts / community programs / social services / education / corrections - part of LEAA (Law Enforcement Assistance Administration) (2) To find a “cure, ” money spent on: - sociological services - biological services - psychological services b. Great Society Era produced changes - major impact on juvenile justice

(1) Decriminalization - actions no longer criminal - status offenses vs. criminal offenses (2) Deinstitutionalization - keep offenders out of institutions - keep in community-based programs - near family / school / services - increased use of foster / group homes (3) Diversion - juvenile handled informally by court

- juveniles signed “contract” - community supervision / restitution / some detention time - offense removed from his/her record (4) Due process - most impact on system - given same rights as adults (no jury) - attorney / cross-examine / confront (a) Kent vs. United States – 1966 -transfer to adult court

- serious offense / lengthy record / 16 or 17 years of age - can be “remanded” - end of “socialized justice” (b) Gault vs. Arizona – 1967 - granted due process - same rights as adults c. Changes made in justice system - laws / police / courts / corrections - becoming more formalized

(1) Laws - US Supreme Court has final say - limit actions of courts / police - decisions effect country as a whole (2) Police - deal with juveniles differently - insure rights of juveniles - proper procedures followed - Youth Service Bureaus - trained in juvenile matters - female officers to work with youth

(3) Courts - insure rights of juveniles - juvenile court is primary - judges must be trained - considered a family court (4) Corrections - must provide for juvenile’s treatment - must provide education - must protect all youth d. Highlights of Great Society Era

(1) Philosophy - family / police / courts could not control - major influences (early 1960 s): family / school / church / peer pressure - end of 1960 s: family / peer pressure / school / church - today: peer pressure / family / school / church (2) Treatment - community based therapy - not institutionalization

- keep child in community (3) Policies - federal delinquency grants-in-aid - increase constitutional rights 4. Juvenile justice: 1970 s through today - new concepts / innovations implemented - crime rate continues to increase a. 1970 s - continued the “Four D’s”

- deinstitutionalization / diversion / due process / decriminalization (1) In Re Winship – 1970 - proof beyond a reasonable doubt - before: preponderance of evidence (2) Breed vs. Jones – 1975 - double jeopardy - before: tried twice / more b. 1980 s

- violent crime - gangs / drive-by shootings / drugs (1) Public demands change - laws / policies - interest of society first - over interest of juvenile (2) Time of “deterrence” / “just deserts” - more money into schools / community resources - deter youth from criminal activity

(3) Sentenced to state / local time - built training schools / high-security institutions (a) Juveniles pay for actions - locked up (b) Once incarcerated: - education / training - rehabilitation c. 1990 s

- juvenile crime / violent crime continue - not deterred by “hard core” changes (1) Changing laws / traditions - 16 / 17 year olds to adult courts - Washington state: violent crime (a) Younger juveniles: - remand to adult courts - to adult institutions (b) Expanding detention facilities

- accommodate influx (c) Police procedures also change - more aggressive - DARE / SRO / GREAT - community involvement d. 2000’s - juvenile crime continues to increase - more juveniles tried as adults