-
Colonial Period and English Puritan Influence
At this time Juvenile offenders in England were sent to adult prisoners but separated from adult offenders. Children were held accountable as adults. The people during this time followed the "common law of England"
-Stubborn Child Law, children that disobeyed their parents could be put to death Resources:
https://www.youtube.com/watch?. -
Scholar and Medical Expert influence
-Juvenile were sent to adult prisoners but kept secret of adult offenders
-In Rome, there were treatments for juvenile offenders to correct and instruct juveniles' behavior
-Institutions were created during the late 1700s to educate and instruct useful trades/occupations
References:
https://jlc.org/youth-justice-system-overview
Juvenile Justice: A Guide to Theory, Policy and practice by, Steven Cox. -
Century, Parens Patriae, Reformatory Era and Houses of Refuge
Parens Patriae allowed the government to become the legal protector of those who is unable to protect themselves.
Reformatory era focused on the rehabilitation of juveniles.
The House of Refuge was opened up for juveniles only. They were labeled as delinquent and there was a belief that they could be reformed.
References:
https://www.youtube.com/watch?v=c8t9idLFWms
https://www.ojp.gov/ncjrs/virtual-library/abstracts/juvenile-corrections-state-art-mad-bad-and-different-p-159-167-1981 -
Juvenile Probation
Awareness was growing during this time period for juveniles and this was the time for evaluating the effectiveness of the system to correct delinquent behavior
Child Saver Movement, individuals who had concerns for the children who value rehabilitation, prevention, and education -. References:
https://jlc.org/youth-justice-system-overview -
In re Winship, Kent v. United States, In re Gault, McKeiver v. Pennsylvania
References:
Kent's case was a juvenile that was interrogated and was tried as an adult since his juvenile court was waived. There was insufficient investigation prior to juvenile court wavier. Mckeever case concluded that the 6th Amendment does not necessarily apply and there's no requirement for a jury trial in juvenile case
https://www.oyez.org/cases/1965/104
https://www.oyez.org/cases/1970/322#:~:text=In%20a%206%2D3%20plurality,of%20an%20emphasis%20on%20factfinding. -
Modern Day Juvenile Justice
-Formal process and due process are available in the juvenile system.
-The goal is to rehabilitate juveniles.
- In some cases, Juvenile hearings in some states are confidential and help protect the children from stigma.
-Scientific studies show that the adolescent brain continues to keep developing which changes the view on how the youth are prosecuted.
- Juvenile justice system have meaningful rights, education and appropriate treatment
https://jlc.org/youth-justice-system-overview