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Administration Of Justice
Ch. 12
Chapter 12
The History and Development
of Juvenile Justice
Factors Associated with the Development of the Juvenile Justice System in America
Urbanization
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Rapid population increase in the first half of the nineteenth century:
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an increased birthrate and expanding immigration
rural poor and immigrant groups attracted to urban areas for work
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Number of youth at risk kept rising and overwhelmed the existing system of work and training
Family’s ability to exert control over children began to be questioned
Decaying urban environment influenced much of its population (immigrants and youth) </DIR>
Child-Saving Movement
The Development of Juvenile Institutions
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Juvenile institutions were
opened in many states
Institutions utilized congregate
conditions and jobs
Races and genders were
separated
Discipline was harsh </DIR>
Society for the Prevention
of Cruelty to Children
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Concern that neglected and abused boys would become criminal and mistreated young girls would become sexually promiscuous.
Focus was on protection of children from cruelty and neglect at home and school.
Children, because of their minority status, should not be held as accountable as adult transgressors;
The objective of the juvenile justice system is to help the youngster, to treat and rehabilitate rather than punish;
Disposition should be based on analysis of the youth’s special circumstances and needs
A separate and independent court was established for delinquent, dependent, and neglected children.
Special legal and social procedures were developed to govern the adjudication and disposition of juvenile matters.
Children were to be separated from adults in courts and institutional programs.
Probation programs were to be developed to assist the court in making decisions in the best interests of the state and the child. </DIR>
Important Juvenile Justice Reform Cases
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Kent v. United States
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The Supreme Court of the United States ruled that juvenile court proceedings must afford juveniles basic due process rights to a fair hearing.
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In re Gault
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The Supreme Court ruled that to satisfy due process requirements in a juvenile proceeding that resulted in commitment to a correctional facility, the juvenile must receive adequate written notice that a hearing was scheduled and advice about the right to counsel and the right to confront and cross-examine witnesses. Indigence- no reason for legal counsel.
</DIR>
McKeiver v. Pennsylvania
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Due process does not require the right to trial by jury in delinquency proceedings in juvenile courts.
</DIR>
This case established that the double jeopardy clause of the Fifth Amendment extends to juvenile offenders. It provides that no person shall be subject to the same offense to be twice put in jeopardy of life or limb and prevents a second prosecution for the same offense. Juveniles, henceforth, could not be tried in a juvenile court and then transferred to an adult court for a similar action. </DIR>
Modern Juvenile Courts
<DIR>
Adversarial in nature
Concerned with control of the chronic offender
Tougher sentencing laws
Earlier waiver to adult court jurisdiction </DIR>
Clients of the Juvenile Court
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Juvenile Delinquents - Those under the age of 18 who commit a crime.
Status Offenders – Juveniles whose delinquent actions are only illegal because of their age (in need of supervision)!
Neglected, deprived, abused and abandoned children. </DIR>
Who is a Juvenile?
<DIR>
Age limit varies between states
Statutory provisions exist in each state which allow a juvenile to be tried in an adult criminal court (14) </DIR>
Disposition of 2.2 Million Juveniles Arrested Annually
Case Flow through the Juvenile Justice Process
Elements of a Comprehensive Juvenile Justice Strategy .
Sacramento City College
3835 Freeport Blvd * Sacramento * CA * 95822
This page was last updated: Monday, October 17, 2005 at 9:02:56 AM
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