3. The History of Juvenile
Justice
Juvenile justice
Originally based on the parens patriae philosophy
parens patriae: The state has legal authority to act
as guardian and in the best interest of the child
In Loco Parentis: in place of the parent
Schools, Boys and Girls Clubs, Police
First Juvenile Court
Cook County Illinois 1899
4. The History of Juvenile
Justice
Almshouses, Poorhouses, and Workhouses
Local jurisdictions developed these to
accommodate dependent youths
The child savers
Influenced state and local governments to create
independent correctional institutions to house
minors
Lobbied for an independent, state-supported
juvenile court
Their efforts prompted the development of the first
comprehensive juvenile court in Illinois in 1899
5. The History of Juvenile
Justice
Reform schools
The first of opened in:
Westboro, MA in 1848
Rochester, NY in 1849
Charles Lorring Brace (1853)
New York philanthropist who helped
develop the Children’s Aid Society
Placed neglected and delinquent youths in
private homes in rural communities
6. The History of Juvenile
Justice
The “best interests of the child”
The main concern
Not strict adherence to legal doctrine,
constitutional rights, or due process of law
Youngsters found delinquent in juvenile court
could spend years in a state training school
Juvenile Justice 1960-1980
The Supreme Court radically altered the juvenile
justice system when it issued a series of
decisions that established the right of juveniles
to receive due process of law
8. Police Processing of the
Juvenile Offender
Use of discretion is based on:
Type and seriousness of the child’s offense
Ability of the parents to be of assistance in
disciplining the child
Child’s past contacts with police
Degree of cooperation obtained from the child
and parents and their demeanor, attitude, and
personal characteristics
Whether the child denies the allegations in the
petition and insists on a court hearing
9. The Juvenile Court
Process
Juvenile found to have engaged in
delinquent or incorrigible behavior:
Police agencies are charged with the decision
to release or to detain the child and refer him to
juvenile court
Once in custody, a juvenile has the same right to
be free from unreasonable searches and seizures
as an adult does
Many more rules for juveniles in custody
Must immediately contact parent or guardian
Maximum Hold Generally 6 hours
Must have Juvenile officer (advocate) if questioning
10. The Juvenile Court
Process
The Intake Process
Review and screening
The Detention Process
There has been an ongoing effort to reform
detention
Juvenile Justice Act of 1974
Legal issues
The most important reform has been the
successful effort to remove status offenders
from lockups containing delinquents
11. The Juvenile Court
Process
Adjudication
Initial appearance
Similar to arraignment in the adult system
Trial
Court hears evidence on the allegations
Disposition and Treatment
Suspended judgment
Probation
Placement in a community treatment
program
Commitment
12. The Juvenile Court
Process
There has been an ongoing effort for
almost 30 years to deinstitutionalize
status offenders (DSO)
Juvenile Sentencing Reform
Least intrusive measures
Remove status offenders
Standardize juvenile dispositions
13. The Juvenile Correctional
Process
Probation
Most common formal sentence
Special rules
Alternative sanctions
Intensive Supervision
Decarceration
Control
Community ties/reintegration
Mixed results
14. The Juvenile Correctional
Process
Aftercare is the final stage of the
formal juvenile justice process
Supervision and support
Intensive Aftercare Program (IAP)
Preparing youths for responsibility
Facilitating youth-community interaction
Working with the offender and the
community
Developing new resources/support
Monitoring
15. The Future of Juvenile
Justice
Currently at a crossroads
Ongoing effort to modify the juvenile justice
system
Public’s fear of predatory juvenile offenders
Reaction to high profile cases
http://youtu.be/xKIWq1mxtRI (inside Cook County Jail)
http://youtu.be/B8c1LahPSIA (inside Juvenile Jail)
Notes de l'éditeur
Learning Objective One
Learning Objective One
Learning Objectives One & Three - This nineteenth century photo shows indigent boys sleeping on the front door landing of an abandoned tenement building in New York City. The child savers were concerned that if left alone, children such as these would enter a life of crime. Critics, however, accused the child savers of class and race discrimination and thought they sought to maintain control over the political system.