The Evolution of Juvenile Justice
Chapter 1
1
Introduction
CA juvenile justice system evolved from
English common law heritage
 Other Codes had laws relating to
juveniles
 2270 B.C. Babylonian Code of
Hammurabi
 Byzantine Codes of Justinian
 Old Testament

2
Introduction

These early laws regulated what might be
considered criminal conduct:
• Theft
• Burglary
3
Early Law – Regulations
Social conduct was also regulated
 Relationships with adults
 Obedience
 Education
 Hard work
 Respect for elders
 A good moral life

4
Early Law – Regulations
Punishments were severe
 Designed to correct the child for his or
her own good
 Some included death
 Others were abusive
 No protection from abuse
 Juvenile rights have evolved today to
include many adult rights sometimes
they have more rights

5
Age of Responsibility
Juvenile system was erected on three
conceptual pillars
 The first is the age of responsibility or
minimum age of responsibility
 At what age is a juvenile considered
eligible for entry into the juvenile justice
system or responsible for his or her
conduct?
 Answer:
 It all depends upon:
 1) What the offense is
 2) In what state the juvenile
commits the offense

6
Age of Responsibility
States vary on their legal definition of
adulthood for purposes of criminal
prosecution
 It is usually between the ages of 16-18
years

7
Age of Responsibility
23 states have no lower age of
responsibility
 In 1999, an 11-year old Michigan boy
became the youngest person to be
prosecuted in criminal court
 In 2000, a 13-year old Philadelphia, PA girl
was prosecuted as an adult for a murder
she allegedly committed when she was
11-years old

8
Age of Responsibility
Many states have a minimum age under
which an individual is considered too
young to enter the juvenile system
 6 - NC
 7 – MD, MA, NY
 8 – AZ, CA
 10 – AR, CO, KS, LA, MN, MS,
PA, SD, TX,VT, WI

9
Age of Responsibility

All states have laws regarding the fitness
of a juvenile to be transferred to adult
court, in other words:
◦ If the juvenile may be found unfit to remain
within the juvenile system and then be
transferred to adult court to stand trial

Between 1992-1997, 47 states made it
easier to transfer juveniles to adult court
10
Age of Responsibility
1995 – CA lowered the age from 16 to
14 for certain offenses
 2000 – Prop 21 was passed and
addressed the Gang Violence and Juvenile
Prevention Crime Act of 1998
 This Act substantially changed the nature
of juvenile procedures for minors 14
years or older
 Dealt with certain felonies – 602b WIC
(See later chapters)

11
The English Experience
Under English common law:
 Children ages 7 and under were not
responsible or accountable for their acts
 Entered the system as dependent or
neglected children

12
The English Experience
Children ages 14 and older were held
accountable like adults
 Included corporal or capital punishment
 Included penal colony sanctions

13
The English Experience
Children ages 8-13 were brought before
the Court for the sole purpose of
determining responsibility
 Was the youth capable of forming intent?
 Did he or she know right from wrong
 Could they appreciate the
consequences of his or her act?
 Those found responsible were treated as
adults

14
The English Experience
Two concepts joined the issue of age of
responsibility
 Parens patriae
 Loco parentis

15
The English Experience
Parens patriae
 Latin phrase
 “King is the father of the country”
 Implies the responsibility of the State
 King is responsible for the welfare of his
subjects
 Particularly those who cannot care for
themselves

16
The English Experience
Application of this concept emerged in
the 12th century
 King’s Chancery Court was created in
London
 Court heard petitions for aid and relief
for those in need

17
The English Experience
Primarily for those children who had no
one to support them
 These were dependent and neglected
children
 Those under 14 could become
apprentices under a master in some trade
 Or were sent to homes to work as
servants

18
The English Experience
Regardless of where they were sent they
were expected to be:
 Industrious
 Obedient
 Some ran away
 Others disobeyed

19
The English Experience
The State helped one category of
juveniles:
 The dependent
 Created a second category, the “status”
offender
 Included the:
 Runaway
 Incorrigible

20
The English Experience
A special court was created:
 King’s Chamberlain Court
 Second philosophy of loco parentis came
into play
 Latin term
 This implies the authority of the King
“To stand in place of the parent”

21
The English Experience
King (state) could step in and become the
legal parent
 State had the responsibility and
authority to define the problem and the
solution

22
The English Experience
Chamberlain’s Court became the
forerunner of our present (modern day)
juvenile court
 Established under the:

◦ Protective umbrella of parens patriae
◦ Authority of loco parentis
23
The English Experience
Hearings were private and confidential
 Due process was never considered an
issue
 Purpose was to settle the unruly child
down
 Teach him some habits of industry for
his or her own good

24
The English Experience
These courts increased during the late
1500s and early 1600s due to a series of
“Poor Laws” enacted
 Increasing numbers of children were
roaming the streets of London
 Many became beggars
 Many were in gangs or involved in stealing
 Parents would not or could not control
them

25
The English Experience
“Poor Laws” expanded King’s authority
to intervene in the family
 This authority helped in deciding which
juveniles needed removal and
placement in apprenticeships or to
work in private homes

26
The English Experience
Age of jurisdiction for the incorrigible
or wayward child was extended to 18
 Those with a 2nd or 3rd offense:
 Hanged
 Transported to Penal Colony
 Jailed in congregate cells in London’s
Newgate Prison

27
The English Experience
During the early 1800s
 Hundreds of young boys and girls were
thrown together in prison with adult
prisoners
 Focus began to change on separating
juveniles from adults
1850 the Borstel (reform school)
System was developed and commonly
used in England

28
The English Experience
Many children were placed in stocks and
whipped by their parents for misconduct
 Many “stout and healthy” juveniles
were committed to the Marine Society
 Founded in 1756 by Jonas Hanway and Sir
John Fielding
 In 1758 – Sir John Fielding also founded
the House of Refuge for Orphan Girls

29
The English Experience

1788 – a private institution was founded
by Robert Young to house:
◦ Dependent and neglected children
◦ Status offenders

Purpose was to “educate and instruct
them in some useful trade or occupation”
30
The English Experience
Reform efforts grew in the 1800s
 Focused on the separation of juveniles
from adult offenders in facilities
 They could receive:

◦ Education
◦ Training
◦ Treatment
31
The American Experience

We accepted three common law
principles
1. Parens patriae
2. Loco parentis
3. The age of responsibility
32
The American Experience
Youths under 8 were incapable of
forming intent
 Children 14+ were fully responsible
 Children 8-13 were given responsibility
hearings
 If a jury found an accused juvenile guilty
and capable of “discerning between good
and evil” the minor would receive an
adult sentence

33
The American Experience

The adult sentence included:
• Corporal punishment
• Capital punishment
34
The American Experience
Delinquency was not as widespread as in
England
 Fortunately, for those found guilty, most
were found not responsible by juries
sympathetic to children

35
The American Experience
So-called wayward children were
removed from parents
 Placed with master craftsmen or
indentured servants until:
• 18 – Boys
• 21 – Girls

36
The American Experience
By the 1800s many of the larger cities
were experiencing a delinquency
problem
 NY Commission was appointed to study
the problem
 Though many youth were released as not
responsible, they continued their
delinquent ways

37
The American Experience
The NY Commission reported:
 Juveniles who were locked up learned
more and better ways to commit crimes
 Those left unpunished, were encouraged
to re-offend
 NY Commission’s Report recommended
separate facilities for juveniles

38
The American Experience
1824 – 1st House of Refuge opened in
New York
 1826 – Boston
 1828 – Philadelphia
 Purposes of the houses of refuge were
threefold:

39
The American Experience
1) Separate juveniles from the adult
offender
 2) Protect juveniles from evil influences
 3) Educate, train, and treat the juvenile
instead of punishing them

40
The American Experience
Original intent of the reform was well
meaning
 Wording was lost in the application
 “Softness” was lost – all cases
 Most juveniles experienced:

• Hard work
• Severe discipline
• Brutal corporal punishment
41
The American Experience

Whether the offense was for:
• Stealing
• Running away from placement
• Leading an immoral life
42
The American Experience
1838 - Right to remove a child from the
home was challenged in an Ohio case
 Mary Ann Crouse was taken away from
her parent’s custody and committed to a
refuge for being a “wayward girl”
 Father filed a Writ of Habeus Corpus
 Claimed his daughter was deprived of
her freedom without due process

43
The American Experience
Court ruled against the father
 Upheld the right of the State to become
the substitute parent
 The juvenile hearing followed civil
procedures
 The Court was acting on behalf of the
minor, not against her
 The Court would provide all the
protections needed for the child

44
The American Experience

By the mid-1800s the House of Refuge
concept had been adopted by most states
• Established as state reformatories

1870s and 1880s – economy faltered
• States could not adequately fund these
facilities

Industries were brought in on a contract
basis
• Factories – shoes, clothing, and shirt factories
were established
45
The American Experience
Juveniles were contracted out as
indentured servants
 They were leased to:

• Households
• Shippers
• Whalers

Apprenticed in trade
46
The American Experience

In many cases an institution would send
representatives out to take orders from:
◦ Households
◦ Stores
◦ Farms

Juveniles were escorted out to the
various jobs
47
The American Experience
The original “protective reform”
concept was transferred into the
philosophical custody of “hard work”
 Many social reformers were concerned
these schools replaced one form of
punishment with another equally as bad
and legally unfair

48
Reform Begins
Reformers pushed for other alternatives
not as punitive
 Among these was probation
 John Augustus is considered the “Father
of Probation”
 Since 1841, he had used probation
successfully in Boston
 (See page 6 for his journal)

49
Reform Begins
Augustus’ efforts set the tone for reform
for the next twenty years
 1890 – Through the local court, the PA
Children’s Society started to receive
children in foster homes
 NY Society for the Prevention of Cruelty
to Children followed suit
 MA welfare agencies did the same

50
Reform Begins
1899 – Illinois 1st Juvenile Court Act
passed – took almost 8 years to pass
 Court model used today
 Separate juvenile court was created

• Civil in nature
• Confidential
• W/O the due process ( came later)
• Juveniles did not have constitutional
protections as the result of the early
juvenile courts and appellate cases.
• Preponderance of the evidence was
sufficient for a finding of guilty
51
Reform Begins
Parens patriae and loco parentis became
statutory law
 Petitions were filed on behalf of the
minor
 Separate detention and institutional
facilities for juveniles
 Probation staff was there to supervise
the minor in his or her home

52
Reform Begins
1910 – 32 states had:
• Juvenile courts
• Juvenile systems
• Probation services
 1925 – all but 2 states had followed suit

53
The California System
CA behind in dealing with juvenile social
problems
 When it did evolve, it assumed the:
• British Common Law model
• Chicago Model
 1870s – Juveniles up to age 21 accused of
crimes were tried as adults
• Criminal or status offenses
• If convicted sent to adult facilities –
prison

54
The California System
Between 1850-1860
• 300 boys were sent to San Quentin
• Some as young as 12
• For their “own good”
 Boys were committed to the San
Francisco Industrial School

55
The California System
1876 appellate case
 Confirmed the concepts of parens
patriae and loco parentis
 Ah Peen case – 16 year-old Chinese boy
was found delinquent and committed to
the SF Industrial School for:
• “…leading an idle and dissolute
life”

56
The California System
Case was appealed under the issue of
minor deprived his freedom without
due process
 Court disagreed:
• Constitutional issues not relevant in this
case involving a minor
• The action did not amount to criminal
prosecution
• “…purpose of this case was not about
punishment, but reformation and
training…”

57
The California System

The Court further stated:
• “…having been abandoned by his
parents, the State as parens patriae has
succeeded to his control and stands in
loco parentis”
• The restraint…is in its nature and
purpose the same…as parents,
guardians and others…”
58
The California System
The CA precedent was set
• Juvenile proceedings were civil in nature
 Any actions taken on behalf of a minor
were legal

59
A Reform School System Develops

San Francisco Industrial School (SFIS) was
established in 1859 by the Legislature
◦ 48 boys and girls
◦ Ages 13-18
60
A Reform School System Develops
State Reform School of Marysville was
opened in 1860
 Closed in 1868 – due to low numbers

• 28 boys committed there were transferred
to the San Francisco Industrial School
• State agreed to pay $15/mo for each
juvenile

1868 – Girls in the San Francisco
Industrial School were transferred to the
Magdalene Asylum in San Francisco
61
A Reform School System Develops
1875 – The ship Jamestown was
transferred from the Navy to SF harbor
 Acted as a supplement for the SFIS for
boys as a place of commitment
 Boys were given training

◦ Seamanship and navigation
◦ After 6 months they became eligible for
employment on merchant marine ships
62
A Reform School System Develops
Jamestown program only lasted 4 years
 Ship was given back to the Navy due to
mismanagement
 Complaints that the ship was really a
training ship for young criminals

63
A Reform School System Develops
Need for placement facilities for juveniles
continued
 1890 – state established a state reform
school system
 1891 – Whittier State Reformatory
opened for:

• Boys and girls
• 300 youths

1892 – SFIS closed
64
A Reform School System Develops
1895 – Preston School of Industry
opened
 Older boys
 1907 – all youths under 18 transferred
from San Quentin to reform schools
 1913 – Girls and boys separated

• Girls were transferred to the Ventura School
65
Juvenile Court and Probation Services
20th century brought a call for reform –
an alternative for juveniles to the adult
court system
 1903 – separate juvenile court and
probation system started

◦ Tacked on to the Penal Code at the last
moment

Adult age set at 16; changed to 18 (1909)
66
Juvenile Court and Probation Services
Probation officer role was authoritarian
in nature under the control of the
superior court system
 (1903-4) Local judges staffed and
administered probation services
 1905 – Law required judges to set up
probation committees to help select
probation officers

67
Juvenile Court & Probation Services

Law also required:
• County detention facilities be established
• Written probation court reports
• Procedures be established for commitment to
state reform schools (Whittier and Preston)

Jurisdiction of juvenile matters was given
to the superior court of the county
68
Juvenile Court & Probation Services
Some confusion still existed over the
exact court procedures required for
dependant and delinquent cases
 Conflict existed between reform groups
and local judges
 Compromise resulted in the Juvenile
Court Law of 1915 which detailed
procedures until 1961

69
Juvenile Court & Probation Services
Until 1929 – juvenile probation officers
established in all but three counties
 Disparities existed from county to county
on how juveniles were treated
 Reform efforts came and went for many
years

70
Juvenile Court & Probation Services
1957 – Karl Holton of the CYA convinced
Governor Knight to appoint a juvenile
justice commission to study the problems
(reform the juvenile system)
 After much politics, in 1961 Governor
Brown signed into law revolutionary
CA juvenile procedures

71
A Revolution in Juvenile Court Law
The 1961 law signed by Governor Brown
was the first time in CA that standardized
juvenile procedures were codified (WIC)
for:
 Police
 Courts
 Corrections (Probation)

72
A Revolution in Juvenile Court Law

Descriptions of behavior by which the
police and courts could exercise
jurisdiction were narrowed

Distinctions were made between 601s
(status offenders) and 602s (real
delinquents)
73
601 WIC: Under the Welfare and
Institutions Code (WIC), a 601 is defined
as a status offender.
• A juvenile whose behavior might be
against the law, but is not really delinquent
or criminal as we know it
602 WIC: Under the Welfare and
Institutions Code (WIC), a 602 is defined
as a juvenile delinquent
 A juvenile whose behavior is against the
law and is criminal if committed by an
adult
74
A Revolution in Juvenile Court Law
600s (dependant/neglected cases)
were redefined; they later became 300s
in 1976
 They could no longer be mixed or
housed with 601s and 602s in juvenile
hall

75
A Revolution in Juvenile Court Law
Court procedures were made more
realistic
 New standards for probation and parole
– roles and responsibilities were defined
 Intake powers and procedures were
standardized between counties
 Procedures were included to reduce
court commitments of status offenders to
the CYA

76