Essay on History of the Juvenile Justice System

There were several decisions made by the Supreme Court that formalized courts for juveniles, making them more like criminal courts. Formal hearings were required, juveniles who faced confinement were given the right to receive a notice of the charges being held against them, and also came along the right to be represented by an attorney. In the 1980’s the public noticed that juvenile crimes were rising and that the system was not effective. Soon states began implementing disciplinary laws, some which included a mandatory sentencing and automatically being sent to adult court for certain crimes committed.

There are five periods of juvenile justice history. The first period is considered the Puritan period then there is the Refuge period, Juvenile Court period, Juvenile Rights period, and last the Crime Control period. I will be discussing these periods and their significance. These periods begin in 1646 and go into the present.

The juvenile justice system is a foundation in society that is granted certain powers and responsibilities. It faces several different tasks, among the most important is maintaining order and preserving constitutional rights. When a juvenile is arrested and charged with committing a crime there are many different factors that will come in to play during the course of his arrest, trial, conviction, sentencing, and rehabilitation process. This paper examines the Juvenile Justice System’s court process in the State of New Jersey and the State of California.

The Juvenile Justice System was established in 1899 when the first documented court hearing took place in Cook County, Illinois. This type of court system was designed to discipline, treat, and rehabilitate children under the legal age of eighteen, who are caught and/or convicted of committing crimes against society. Since its creation, many have argued for and against having two separate but parallel court systems. This essay will discuss the basic arguments in favor of and in opposition to the retention of the juvenile justice system.

It has been one hundred years since the creation of the juvenile court in the United States. The court and the juvenile justice system has made some positive changes in the lives of millions of young people lives over the course or those years, within the last thirteen years there has been some daunting challenges in the system.

They had the right to counsel, the right to receive notify of charges, protection against double jeopardy between juvenile court and adult court, and proof must be established beyond a reasonable doubt, and they do not have a Constitutional right of trial by jury. But, formal hearings were required in situations where youth faced transfer to adult court or a period of long-term institutional confinement. In 1984, the Supreme Court ruled that because of Parens Patriae, which was established in the England court system and cared over to the United States court system, juvenile could be held in detention until their court date or hearing (Center on Juvenile and Criminal Justice, 2017). Finally, the current period is the Crime Control Period from 1980 to present. In the 1980’s, the public view was that the juvenile court system was too lenient and juvenile crime were on the rise, but in the 1990’s many States passed the punitive law which included mandatory sentencing and transferring juveniles to adult court for certain crimes. Due to the increase in crime rate and the tremendously number of juveniles committing crimes, policies are focusing more on crime control

The juvenile justice system was subject to a lot of corruption and civil rights violations in its early stages. Juveniles did not have the same rights as adults and could be forced into terrible living or working conditions. With no child labor laws, delinquent juveniles could be sentenced to forced labor in factories or to houses of refuge. With the ruling of Ex Parte Crouse, the state took ultimate responsibility of children and send them to these institutions, even against the will of the parents. Some of these institutions, such as houses of refuge may have started with good intention, but they ultimately led to rampart corruption and abuse of juveniles.

According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. According to Mack (1909) the focus of the juvenile justice system has shifted from “was the crime committed” to “why did the child commit the crime”, “how can we help the child”. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions when necessary such as incarceration. According to Griffin (2008) in some cases juveniles may be required to be “transferred” to adult court. In this paper I am going to discuss the three primary mechanisms of waiver to adult court: judicial waiver

“The juvenile justice system was first created in the late 1800s to reform United States policies on how to handle youth offenders. Since that time, a number of reforms - aimed at both protecting the "due process of law" rights of youth, and creating an aversion toward jail among the young - have made the juvenile justice system more comparable to the adult system, which is a shift from the United States’ original intent (2008,Lawyer Shop.com).” The

In the early nineteenth century juveniles were treated the same as adults when it came to the legal system. We did not have separate courts or jails for juveniles and they would often receive the same punishments as adults that had committed crimes. “At the beginning of the

Although based on the adult criminal justice system, the juvenile justice process works differently. Juveniles can end up in court by way of arrest, truancy or for curfew violations or running away. A youth may also be referred to the juvenile court system by school officials or a parent or guardian for being continuously disobedient. The juvenile justice process involves several different steps including intake, detention, adjudication, disposition and aftercare following release from a juvenile correctional facility. In this paper we will breakdown the numerous steps involved in the juvenile justice process as well as compared some

This paper will discuss the history of the juvenile justice system and how it has come to be what it is today. When a juvenile offender commits a crime and is sentenced to jail or reform school, the offender goes to a separate jail or reforming place than an adult. It hasn’t always been this way. Until the early 1800’s juveniles were tried just like everyone else. Today, that is not the case. This paper will explain the reforms that have taken place within the criminal justice system that developed the juvenile justice system.

If you look throughout history here in the states, the first resonance of juvenile justice can be traced back to the late 18th and early 19th century. The court system of the time would simply punish and confine all ages and genders in the penitentiary. This in my opinion would be due to the limited options of the time. It could also be contributed to the high rates of poverty and neglect, which was a hot topic for American cities during the era, so the officials decide this was a quick fix for a rising social standardized scared community. So in response, penal reformers Thomas Eddy and John Griscom, would begin to put together the Society for the Prevention of Pauperism, which was against the housing of youth in adult jails and prisons

It tried to explain the view that children were fully responsible for their conduct and were able to be rehabilitated. Parens patraie remains the base of the juvenile justice system across the country. Then, like now, juvenile court was designed more to protect the child than to punish bad behavior.

The nation’s first juvenile court was established in 1899 as a part of the Juvenile Court Act. It was founded on three principles: juveniles are not ready to be held accountable for their actions, are not yet fully developed, and can rehabilitate easier than adults. In all but three states, anyone charged with committing a criminal act before his or her eighteenth birthday is considered a juvenile offender. Now more than ever, states and countries have begun to question the reliability of the juvenile court. Some believe the juvenile court system should be abolished because of its insufficient gain to the community. Others believe children are not fully capable to understand the degree of their actions and the consequences that come from them and believe that juvenile courts are a necessity in the court system.