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Juvenile Justice Chapter 14 In Your Textbook John Massey Criminal Justice
Before the 1800’s • Middle Ages • Children portrayed as little men and little women • Infancy ended at age 7. • Childhood was invisible. • Adolescence did not emerge until the 1800’s. • • Deviance handled informally. Strict laws governing youth behavior. Punishment rarely administered. Children, if punished, were usually punished by parents.
1800’s & Child Workers • As late as 1780, children could be convicted and hanged for over 200 crimes. • Behavior and control – responsibility of parents • Physical size and capacity more important than age. • Child Workers – – Boys as young as 6 or 7 began work during Colonial Period. Running errands, chopping wood Age 14, family trade. Social Security and Income
Parens Patriae & the emergence of adolescence • • Legal document, England King is the “father of the country” Authority to take child under custody Intervention between the child and family. • Emergence of adolescence – – – Breakup of Colonial Society Capitalism begins Immigration, “poor” and “dangerous” classes emerge Agriculture shifts to Industrialism Adolescent, Juvenile Delinquency emerges
House of Refuge Movement • • Children wandering the streets 6 and 7 year olds convicted in criminal courts & housed with adult inmates in jails and prisons. Groups began to emerge to help the children. Focus to remove children from unhealthy environments • • • 1824, New York House of Refuge First correctional facility for young offenders in U. S. • • Aims: Teach reading, writing, math Enforce moral and religious obligations Be both corrective and punitive
Statistics • 63% of juveniles committed during a 30 year period – Irish • Only 1 in 73 sent in the first year had been convicted of a serious offense. • 63 of the 73 were committed for stealing, vagrancy, etc. • Working class backgrounds (working poor, poor) • Fate of the House of Refuge Movement – – Best interests of the children were not served Strict discipline and control Emergence of refuges in Boston, Philly, Baltimore Crime and delinquency remained a problem.
Mid 19 th Century Reforms • Complaints about HOR movement. • Growth of large cities. • Need for factory/mine workers = children as cheap source of labor. • Public School Programs established. – Kindergarten, Extracurricular activities, Homeroom, Organized Playgrounds – All taught cooperation, respect for authority and discipline. – Schools as a Network of Social Control • Used to prevent and control delinquency • Teachers, guidance counselors, social workers – all part of the network.
Fate of Mid 19 th Century Reforms • • Reforms did little to reduce crime. Used to regulate and control deviants, potential deviants and poor in general. Progressive Era opened the way for new forms and new institutions. “Care, Control, and Protection” – Child Saving Movement • Child Savers: – Upper middle class, upper class whites w/ business and professional backgrounds – Goals were to save children from jails and prisons and divert them from the adult CJ system.
Juvenile Court • Chicago and Denver – 1899 • 1899 Illinois Juvenile Court Act – removed cases from adult system and formally established a juvenile court. • Status offenses – Vicious or immoral behavior, profane/indecent behavior, truancy (skipping school), running away, growing up in idleness, curfew violations. • Juvenile Court Environment – Judges were like stern fathers. – Informal, no need for lawyers – Cases were not criminal, Children were diagnosed.
20 th Century Developments • Little change between 1920’s and 1960’s in juvenile system. • The 1960’s brought hope. • Supreme Court Cases: – – – In re Gault (1967) – same due process rights as adults Kent v. US (1966) – right to counsel like adults In re Winship (1970) – beyond a reasonable doubt like adults Breed v. Jones (1975) – double jeopardy Mc. Keiver v. Penn (1971) – does NOT give juveniles right to jury trial.
Issues Today • • The Age Question Are juveniles liable? Can they understand their actions? Juvenile Gangs Competency • Juveniles can be transferred to adult court through the use of a waiver. • Variety of Sanctions for juveniles: curfews, juvenile detention, prison, boot camps, etc.