The Juvenile Court System In The Early 1900s

Placing a juvenile in a detention center early in the court process increases the risk that youths will be found to be delinquent and damage their prospects for future success. A majority of the youths that are placed in these facilities pose little or no threat to the public and essentially do not need to be there. This portion of the juvenile court process is detrimental to the future and mental aspects of a youth’s life. We desperately need to change the way that we handle the juvenile court system because we are only reinforcing the delinquent behavior that these youths have been exposed to. We need to focus on the rehabilitation and prevention efforts for these youths not the punishment aspect and until then (insert a better ending).

One reason is because a juvenile does not have the level of maturity, thought process, decision-making, experience, or wisdom that an adult has, so they should not be subjected to the harsher adult punishments. Another reason is because juvenile courts decide how best to help juvenile offenders while protecting the interests of the public in maintaining an orderly society. Also, another reason that juvenile courts are need is because a younger offender if given the chance to be rehabilitated instead of harshly punished has a higher chance of change than that of someone set in their ways, which coincides with the presumptions that the juvenile court system follows in regards to juvenile

I’m going to speak on the introduction and also some of the procedures to the juvenile system in America in the early 1900’s, and also in today’s generation . When people think of the juvenile justice the first thing that comes to mind is probably all of the bad children that end up in jail or prison. When we forget that these are just children that can be helped in other ways: such as reformed schools, Big Brother programs, Boot camp, etc. In the early 19th century courts would punish and confine juveniles in large penitentiaries, not taking in consideration the psychological affect it would have on the juvenile: sleeping, having conversations, showering, fighting, eating amongst grown adult whom can easily manipulate these children

The juvenile court system was established in the United States over more than a century ago, with the first court appearing in Illinois in 1899. Prior to that time, children and youth were seen as small adults with that the youth were tried and punished as adults.

In the adult justice system the guilty person would face a trial by a jury. The jury would be given the evidence of the crime, decide if the person is guilty or not, then judge would make the final running. As well at the end of an adult trial a punishment would be handed out such as imprisonment sentence. Where in a juvenile case the judge would decide what form of rehabilitation the child would benefit most from and what would best likely help.

Today, the court system in this country is divided into two groups when comparing juveniles and adults. One is the Adult Criminal Justice System, and the other is the Juvenile Justice System. The terminology can be very different between the two systems. For instance; if an adult is arrested, they will be subject to a bail hearing. If a juvenile is arrested they must go through a detention hearing. Adults have trials which can be decided by a judge or jury. Juveniles go through a fact finding hearing and don’t receive verdicts because they are adjudicated. “They are not found guilty, but delinquent or involved” (Komiscruk). Another difference between the two is that juvenile court rooms are usually closed to the public, which

Originally thinking that juvenile courts were exactly the same as an adult court, only with a different title. It wasn't until going through the Juvenile Justice unit, in the street law textbook, that I realized my thoughts were completely false, for the most part. I learned that the justice system I thought to be true, was at one point true. Children were given the exact treatment as adults, until 1899. The first juvenile court was established as a response to reformers arguing that the cause of delinquent behavior was the fault of parents failing to teach their children proper morals and respect. I had no idea the reason for juvenile courts was because of upset people wanting a solution. It was also a surprise to me that youths can be given just as harsh punishments as adults are given, in the form of of juvenile waivers, statutory exclusion, and a direct file. Getting trialed in an adult court as a youth is reserved for those who are particularly violent in their crimes, and behavior. I learned there was much thought put into giving troubled youths the fairest legal support and trials, with the implication of the Gault Decision in 1966 giving juveniles the same rights as adults, and In Re Winship, meaning juveniles must be found delinquent beyond a reasonable doubt, the same as an adult. I agree with charging youths as adults, in some instances, for the safety of the public and themselves.

There are a couple of different theory on how and why the juvenile court developed. Anthony Platt argues that the Chicago court was created to control the increasing number of poor and the large groups of immigrants that were coming into the city by the middle and upper classes. Mr. Platt believed that the reason the juvenile court was established in Chicago was because of middle-class interest groups, he felt that the juvenile court are a manifestation of middle-class values and of the philosophy of conservative political groups.

“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

Juvenile courts was first court held in Chicago in 1899 , established its name also known as children’s court. These courts handle problems from abuse, neglected, and delinquent children. Juvenile courts are providing a rehabilitation resources and process for people up to the age of eighteen, Recently, many states have made have a made a policy change increasing the age for juveniles. For many reasons, studies have shown that teens are more likely to have a successful transitioning from juvenile justice system rather than the adult criminal justice system. The whole point of age limit is because it creates a better outcome for the public, and gets the family and community involved.

To completely understand the current issues surrounding the direction of the juvenile justice system is easy to obtain when one focuses on how the juvenile justice system has changed since its inception. The United States wanted to reform its policies for dealing with juveniles that enter the justice system, so in the late 1800’s was the beginning of a number of reforms. Several reforms focused on protecting the rights of youth, such as through “due process of law”. The United States has shifted from their original intent and purpose for the juvenile justice system to a system more comparable to the adult justice system.

The rising viewpoint of the child savers was that of parens patriae which said that the state had an assenting duty to get involved and care for the less fortunate kids. In 1899, the first court devoted to hearing cases with juvenile delinquents was developed by the Illinois Legislature. The procedures in the juvenile court were much different from those of the criminal courts. The child would be accused of a crime they committed, but they were offered help, treatment, and direction (Myers, 2008). Juvenile hearings were held in private and the juvenile’s records were kept sealed to avoid the disgrace of a criminal conviction. Since the juvenile courts rejected punishment, they were allowed to have jurisdiction on things adult courts did not consider crimes. These offenses could be anything including truancy, disobedience, bad language, immorality, and vagrancy. Under parens patriae, the juvenile court was allowed to use wide range discretion to resolve the troubles of juvenile offenders and rejected the official procedures of the adult

Recent national trends in juvenile law have introduced two other mechanisms by which youth may be transferred to criminal court for trial: (a) statutory exclusion and (b) prosecutorial direct file. At the present time, more than half of these states provide a statutory exclusion. In states in which statutory exclusion is an option, age, and crime type (serious offenses such as murder or assault) are automatically outside the jurisdiction of the juvenile court. Therefore, the charge is filed directly in criminal court without any input from juvenile court judges (Salekin, 2001). A certification process is also used to certify a juvenile for the prosecution in an adult criminal court. There are several juveniles who contest their transfers to criminal courts and wish to remain in the juvenile justice system. Several important implications exist for youths, depending on the nature of their offenses, their prior records, and the potential penalties the respective courts may impose (Snyder, 2003). The right circumstances for a juvenile case transferred to a criminal court may have advantages they would not otherwise receive in a juvenile court.

History of juvenile treatment in the justice system. It wasn’t until 1824 that the United States began to separate juveniles from adults by opening a separate housing facility just for the juveniles. Prior to that time, juveniles were punished the same way adults were and had to be with them in jail and workhouses. This view evolved when studies and research started to focus on the benefits of rehabilitation instead of punishment being more beneficial for the juvenile offenders. The first juvenile court was established in 1899 and all states had

Most of the crime happening is made a lot by minors, and they can’t keep trying them as juveniles. Juvenile courts focus on rehabilitation, unlike adult jails and prisons, where criminals are subject to incarceration and much harsher sentences. Today, virtually every juvenile offender who has a past criminal history, or is arrested for a violent crime like rape or murder, is tried in an adult court.