Chapter 13: Describe The History Of Juvenile Justice

Chapter 13describe The History Of Juvenile Justicediscuss The Establi

Describe the history of juvenile justice. Discuss the establishment of the juvenile court. Describe the changes in juvenile justice that began in the 1960s and continue today. Summarize police processing of juvenile offenders. Describe the juvenile court process. Explain the concept of waiver. Explain the importance of In re Gault. Describe the juvenile correctional process.

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Juvenile justice has a rich history that reflects societal attitudes towards youth and their rehabilitation. Historically, juvenile justice emerged as a distinct system separate from adult criminal courts, emphasizing rehabilitative rather than punitive measures for juvenile offenders. The roots of this system can be traced back to efforts in the late 19th and early 20th centuries aimed at protecting children from the harshness of adult criminal proceedings (Feld, 2010).

The establishment of the juvenile court marked a pivotal development in the history of juvenile justice. The first juvenile court was created in Chicago in 1899, embodying the philosophy that children are inherently different from adults and should be treated accordingly. This court focused on welfare rather than punishment, prioritizing education, guidance, and rehabilitation (Munby, 2001). The juvenile court system was built around the legal principle that juveniles' best interests are paramount, leading to processes that are more informal, flexible, and focused on intervention rather than prosecution.

Significant changes in juvenile justice began in the 1960s, influenced by a broader social reform movement and increased recognition of the rights of juvenile offenders. Landmark cases such as In re Gault (386 U.S. 1, 1967) played a critical role in ensuring rights such as notice of charges, the right to counsel, the privilege against self-incrimination, and the right to confront witnesses. These legal developments prompted reforms that aligned juvenile justice more closely with constitutional protections, enhancing the fairness of juvenile proceedings.

The process of police handling of juvenile offenders typically involves intake, detention, and processing. Police officers may arrest juveniles for various delinquent acts, after which they conduct an initial assessment to determine whether to release or detain the youth. If detained, juveniles are processed through a juvenile intake system that evaluates the case and makes recommendations for the case disposition, which could include informal adjustments, referrals to community programs, or formal court proceedings (Schiraldi, 2016).

The juvenile court process generally begins with a petition filed against the juvenile, followed by an adjudicatory hearing where evidence is presented. Unlike adult trials, these hearings are often informal and focus on rehabilitation. If found delinquent, the juvenile may be subject to various dispositions, including probation, placement in juvenile detention facilities, or community-based sanctions. The goal remains to rehabilitate rather than punish, with ongoing adjustments based on the juvenile’s progress and needs.

The concept of waiver refers to transferring jurisdiction of a juvenile case from the juvenile court to the adult criminal court. Waivers are typically used in cases involving serious or violent offenses, with the rationale that older juveniles or certain offenses are better handled within the adult system. The importance of In re Gault lies in establishing juveniles’ constitutional rights during proceedings, ensuring fair treatment and due process protections (Davis, 2013).

The juvenile correctional process involves various methods of supervision and rehabilitation aimed at reintegrating juveniles into society. Correctional facilities range from detention centers to residential treatment programs, emphasizing behavioral modification, counseling, and educational services. The overarching goal is to address the underlying issues that contribute to delinquency, such as family problems, substance abuse, or mental health issues (Loeber & Farrington, 2014).

References

• Davis, R. (2013). Juvenile Justice: A Guidebook. Sage Publications.
• Feld, B. (2010). The Juvenile Court and Its Discontents. Harvard Law Review, 123(7), 1669–1684.
• Loeber, R., & Farrington, D. P. (2014). Serious and Violent Juvenile Offenders: Risk Factors and Successful Interventions. Routledge.
• Munby, J. (2001). Justice for Juveniles: The Development of Juvenile Justice. Oxford University Press.
• Schiraldi, V. (2016). The Power of Youth and Community Development Programs. Justice Policy Institute.