What Are Five Major Court Cases That Influenced Our Treatment Of Juveniles Today?

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.

Kent held that juveniles were entitled to a hearing, representation by counsel, access to information upon which the waiver decision was based, and a statement of reasons justifying the waiver decision. It included the sophistication and maturity of the juvenile as determined by consideration of his or her home life, environmental situation, emotional attitude, and pattern of living. These rights we made so that the justice courts can provide guidance and rehabilitation for the juvenile also with protection for society. There are some juveniles out there who are extremely dangerous and do not wish to change the way they are living their life.

In re Gault¹ stems from a case involving a boy named Gerald Gault who at the time of incident was a 15-year-old boy from Arizona who was charged with making obscene telephone calls to a neighbor, Mrs. Cook. Gerald Gault was sent to a detention facility without notifying his parents, questioned by a Probation officer without having an attorney or parent present, and after a short hearing, was found to be delinquent and sent to the state “industrial school” until he turned 21. After Gault was sentenced, his parents filed a petition for a writ of habeas corpus in the state courts to challenge the constitutionality of the Arizona Juvenile Code and the procedures used in their son’s case. The petition was dismissed by both the Superior Court of Arizona and the Arizona Supreme Court. The Gault’s not satisfied with either court’s decision sought relief in the United States Supreme Court. Upon review, the Court agreed to hear the case to determine the procedural due process rights of a juvenile criminal defendant².

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.

With the escalation of murders and rapes committed by minors as seen in recent years the people are looking for the right answer. Public concern over the effectiveness of the juvenile courts when dealing with these offenders has brought about change in the justice system. (Stolba, 2001). The courts now, are quicker to transfer a juveniles’ case to adult court than when the juvenile system was first formed. There stands a conflict of interests within the two court systems. Juvenile courts are to protect the rights of youths determined incapable of adult decisions. The primary concern is that the youth be rehabilitated and not become a repeat offender. Thus, protecting the child from incarceration with adult criminals and any possible future victims. The concerns of the adult court is to make sure the convicted offender pays for their crime and that the victim gets justice. Rehabilitation is not a primary concer of the adult justice system.

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.

Beginning in the 1960s, the US Supreme Court decided on a succession of landmark cases that histrionically altered the processes and all around atmosphere of the Juvenile Justice System in America. One case in particular that played a major role in the Juvenile field is Kent vs. US (383 US. 541 [1966]). The landmark case Kent vs. United States, observed as the first chief juvenile rights case in our history. This important case established the collective standards that entitled juveniles the right to waivers and preliminary hearings, which ensured due process was served. This would ultimately decide if the court would shift Kent into adult jurisdiction or allow him to remain in the juvenile system.

Four current big themes in juvenile justice are as follows: (1) revising the criteria under which juveniles can be waived to criminal court; (2) assessing and serving the mental health needs of juvenile offenders; (3) increasing the use of evidence-based program; and (4) estimating the benefits of improved outcomes that are possible with evidence based programs.

The book “No Matter How Loud I Shout” written by Edward Humes, looks at numerous major conflicts within the juvenile court system. There is a need for the juvenile system to rehabilitate the children away from their lives of crime, but it also needs to protect the public from the most violent and dangerous of its juveniles, causing one primary conflict. Further conflict arises with how the court is able to administer proper treatment or punishment and the rights of the child too due process. The final key issue is between those that call for a complete overhaul of the system, and the others who think it should just be taken apart. On both sides there is strong reasoning that supports each of their views, causing a lot of debate about the

During the trial, Kent counsel made the defense that he was not criminally responsible, instead, he stated that “his unlawful act was the product of mental disease or mental defect.” Although he did everything to prove his client was not fully responsible, Kent was sentenced to serve five to fifteen for each count he was charged with, his counsel went before the Court Of Appeals, and asked for a revisal arguing that Petitioners detention and interrogation was unlawful, the police failed to notify his parents as well as follow the procedure of the juvenile act. The case was denied by the Court Of Appeals but overturned by the Supreme court. This resulted in the idea that there must be waiver hearings before a juvenile can be transferred to criminal court, as well as a juvenile can consult with his or her counsel before and during hearings. Another case that is very important for juvenile rights is In Re Gault (1967), A fifteen-year-old named Francis Gault along with his friend were taken into custody by the Arizona police, now was already on probation for a previous offense that involved being in the company who stole a wallet and purse. The reason he was taken into custody was a neighbor who was a victim of his rude, sexual remarks and the cops arrested him and put him in a detention center until

Today’s juvenile court system handles most cases involving those under the age of 18-year-old. This was not always the case and the ideal of a separate court system for adults and children is only about 100 years old. When looking at the differences that set juvenile courts apart, it is important to study the history and see how it developed over time.

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

This paper takes a brief look at the history and evolution of the juvenile justice system in the United States. In recent years there has been an increase of juvenile cases being transferred into the adult court system. This paper will also look at that process and the consequences of that trend.

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.

Juvenile justice has proved to be as imprudent as it is practical. Snyder and Sickmund (1999) found that as early as 1825, there was a significant push to establish a separate juvenile justice system focused on rehabilitation and treatment. The procedure continued to stay focused on the rehabilitation of a person, even though financial support and assets sustained to hold back its achievement. In reaction to rising juvenile crime rates in the 1980s’, more corrective laws were approved (Snyder and Sickmund 1999). In the 1990s, the United States legal system took further steps regarding transfer provisions that lowered the threshold at which juveniles could be tried in criminal court and sentenced to adult prison (Snyder and Sickmund 1999). Furthermore, laws were enacted that allowed prosecutors and judges more discretion in their sentencing options; and confidentiality standards, which made juvenile court proceedings and records more available to the public (Snyder and Sickmund 1999), were reduced.