The history of juvenile justice
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The law has long defined a line between juvenile and adult offenders, but that line has been drawn at different places, for different reasons. Early in United States history, the law was heavily influenced by the common law of England, which governed the American colonies. One of the most important English lawyers of the time was William Blackstone. Blackstone’s Commentaries on the Laws of England, first published in the late 1760s, were widely read and admired by our nation’s founders.
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The history of juvenile justice
- 1. 07/16/15 1 The History of JUVENILE JUSTICE Deion Williams
- 2. 07/16/15 2 Origins Of The Juvenile Justice System The right to receive notice of charges • The right to obtain legal counsel • The right to confrontation and cross- examination • The privilege against self-incrimination
- 3. 07/16/15 3 Infants and Adults at Common Law Drawing the line between infants and adults Classifying Infants
- 4. 07/16/15 4 A New System of Justice for Juveniles Details about this topic Supporting information and examples How it relates to your audience
- 5. 07/16/15 5 Court (or Young offenders court) Age of criminal responsibility Avoiding formal charges Reform
- 6. 07/16/15 6 The World’s First Juvenile Court Revolutionized treat of dependent Located in Cook County Substituted the ideal of rehabilitation for retribution.
- 7. What is Due Process Fifth Amendment The Fifth Amendment’s guarantees that no one can be deprived of life, liberty, or property without due process No one can be compelled to be a witness against herself or himself (self- incrimination in a criminal trial Sixth Amendment A speedy and public trial An impartial jury Notice of the nature and cause of an accusation Confrontation of adverse witnesses (the right to cross-examine witnesses) Compel witnesses in one’s favor to appear in court. 07/16/15 7
- 8. 07/16/15 8 Court Appointed Special Advocates Gets to know the child by visiting him or her as often as possible (both in and out of the child’s home Researches the child's background by reviewing records (school, medical , etc.) Asses what is in the child’s best interest and makes recommendations to the judge regarding placement and services Monitors court orders to assure the child receives court-ordered services
- 9. Juveniles Rights before the Court Hearing • Meet face-to-face with and interview the child • Conduct an independent investigation in order to ascertain the facts of the case • Advise the child’s rights, the role and responsibilities of the GAL, the court process, and the possible consequences of legal action • Participate, as appropriate, in pre-trial conferences, meditation, and negotiations 07/16/15 9
- 10. Juvenile Detention Makes Teens Worse • Getting the Juvenile- Justice System to grow up • Teens Behaving Badly 07/16/15 10
- 11. The Future of The Juvenile Court Court Structure The unified Family Court Coordinated Courts Conclusion 07/16/15 11
Notes de l'éditeur
- Until the late 1960's, youth in the juvenile court system did not have constitutional legal rights. That changed with the U.S. Supreme Court's 1967 decision in In re Gault. In that case, the Supreme Court concluded that even though juvenile courts were civil proceedings, juveniles subject to these proceedings still faced a potential loss of liberty. For that reason, the Supreme Court required that all youth offenders involved in juvenile court proceedings and facing possible confinement have the following constitutional rights:
- Two things were required to hold someone accountable for a crime. First, the person had to have a “vicious will” (that is, the intent to commit a crime). Second, the person had to commit an unlawful act. If either the will or the act was lacking, no crime was committed. The first group of people Blackstone identified as incapable of committing a crime were “infants.
- During the nineteenth century, the treatment of juveniles in the United States started to change. Social reformers began to create special facilities for troubled juveniles, especially in large cities. In New York City, the Society for the Prevention of Juvenile Delinquency established the New York House of Refuge to house juvenile delinquents in 1825.
- A juvenile court (or young offender's court) is a tribunal having special authority to try and pass judgments for crimes committed by children or adolescents who have not attained the age of majority. In most modern legal system, children and adolescents who commit a crime are treated differently from legal adults who have committed the same crime.
- Juvenile courts revolutionized the treatment of dependent, neglected, and delinquent children. The world's first juvenile court, located in Cook County, opened in July 1899, and served as the model for this new social welfare approach that emphasized individualized treatment of cases instead of rigid adherence to due process, and probation over incarceration. The juvenile court also substituted the ideal of rehabilitation for retribution.
- Due process of law means that every person who is party To a legal proceeding is entitled to certain safeguards Designed to ensure that the proceeding is fair and impartial. The Bill of Rights in the U.S. Constitution defines Many due process rights, including:
- In addition, in many courts, a child who is brought to court and is alleged to have been abused or neglected will have a court appointed special advocate (CASA), who is a volunteer. The role of the CASA is to speak up for that child, to provide information to the court about the child’s best interest, and to help the child understand the legal proceedings in which he or she is involved.
- The right to be represented by a lawyer in Virginia Juvenile and Domestic Relations Courts extends not only to juveniles involved in delinquency cases, but also to abused and neglected juveniles and juveniles who are the subject in some types of custody cases.
- Rather than rehabilitating young delinquents, juvenile detention — which lumps troubled kids in with other troubled kids — appeared to worsen their behavior problems. Compared with other kids with a similar history of bad behavior, those who entered the juvenile-justice system were nearly seven times more likely to be arrested for crimes as adults
- The juvenile court of the future will be a viable, but changed, institution largely because of society’s need to hold parents accountable for their children’s well-being and youths accountable for their actions.