Evolution of the
Juvenile Justice System
Chapter 1
Philosophical & Historical Roots
Juvenile Justice
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System that provides a legal setting in
which youths can account for their wrongs
and at the same time receive official
protection
Where youths age 18 and under receive
separate treatment than adults
Social Control in Early Societies
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Children and adults subject to same rules
Tribes dealt with rule breakers through
retaliation
Wrongs could be righted through payment
Code of Hamurabi established individual
rights through lex talionis (eye for and
eye)
Social Control in Early Societies
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Code of Hammurabi # 195: If a son
stricks a father, then son could have his
hands cut-off
Ancient Roman cultures allowed fathers
unlimited authority/control over his family
This evolved to parens patriae, a basic
tenet to our JJS.
Middle Ages (AD 500-1500)
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Children as young as 6 years being burned
at stake or hanged
Church of Rome: Children under 7 years
unable to form reason or intent to commit
crimes
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7-14 years found guilty if evidence of intent is
found
Over 14 years considered to be adults
Feudal Period
9th-15th Century
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English Common Law gave King power of
guardianship over all minors (parens patriae),
who were considered wards of the state
Parens Patriae justified the Kings intervention
into the lives of the feudal lords and their
children
Chancery Courts only handled custody issues of
youth
Youths that committed crimes handled by
criminal court system that included adults
Renaissance Period
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Bridewell Prison (1555)
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1st institution to control youthful beggars
Goals: to make wayward youth earn their
keep to reform them by compulsory work and
discipline to deter from ideleness
Discipline, deterrence and rehabilitation
through work and severe punishment
So successful, that England wants similar
prisons throughout the country
Children are confined with adults
Renaissance Period
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Poor laws are established: Poor and
neglected childrten are turned into servitude
and forced to work for wealthy families
Statutes of Artificers (1563) Children over 10
years are forced to become indentured
servants
1601 England establishes large workhouses
for children who can be supported by their
parents
Some children are “bred-up” to labor
Gilbert Act (1782) All poor infants and poor
children are sent to live with “proper persons”
Reform Movement
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Milestone in development of JJS
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The London Philanthropic Society (1817)
Purpose to reform youth
 Built the First House of Refuge (Institutional
Treatment)
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Hospice of San Michele built by pope Clement
XI
Designed specifically for youth rehabilitation
 Silence, hard work and Bible reading is used to
rehabilitate youth
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Puritan Period
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American colonist model the American CJ
system after the English CJ system
Early laws proscribe death penalty for
children who disobey their parents
Father has absolute power over his
children
1646 Massachusetts passes “Stub born
Child Act for Status Offenders”
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Relevant for the next 300 years
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Colonial Period
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Anyone over 7 years subject to courts
Fundamental model of justice is the family, church
and other social institutions
Children of the poor become indentured servants
Industrial Revolution
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Children are made to work in factories
Indentured servants
Poor Houses
Private orphanges
Jails
Refuge Period (1850’s)
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Foster Homes in New York
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Reform Schools
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Many are abused and neglected
Intent is to provide homelike atmosphere where
education is stressed
Child Savers
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Believe children are basically good and its their
environment that makes them bad
Children should not be held accountable like adults
JJS needs to provide treatment not punishment
Refuge Period (1850’s)
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Child Savers (continued)
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Dispositions should be based on child’s
circumstances and needs
JJS should not be punitive
Child Savers viewed delinquent and poor
children as a threat to society
Massachusetts establishes probation to assist
court in juvenile matters
Juvenile Court Period (1899-1960)
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1899 Illinois establishes the First Juvenile
Court
Key Features:
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Removed those below 16 years from adult
criminal court
Separated children from adults in institutions
Informal procedural rules
Use of probation officers
Prohibited detention for children below 12
Juvenile Rights Period
(1960-1980)
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Lyndon B. Johnson’s “Great Society and War on
Poverty”
Civil Rights Era
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Decriminalization
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California separates Status Offenses from Criminal Offenses
in 1961
New York creates new classification for non-criminal
offenses: PINS
Due Process
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Kent vs U.S. (1966) Waiver Requirements for Transfer
In re Gault (1967) Right to Counsel, Right against selfincrimination, Right to confront witnesses
Juvenile Rights Period
(1960-1980)
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Diversion
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Youth Service Bureaus
Community Based Programs
Advocacy for Youth
Deinstitutionalization
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Juvenile Justice Delinquency prevention Act of 1974
Required states to separate youth from adults in
prison as a condition to receive Federal funding
Began monitoring all correctional and detention
facilities that held juveniles
Juvenile Rights Period
(1960-1980)
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In re Winship: “Beyond a reasonable
doubt” required for conviction in criminal
cases
Breed vs Jones: Double Jeopardy
McKeiver vs Pennsylvania: No Right to
Jury Trial
Crime Control Period
1980’s to Present
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Switch from medical/treatment models to
crime control model
Reduced funding for OJJDP (Reagan)
OJJDP becomes more conservative,
shifting to dealing with more hard-core
and chronic offenders
Crime Control Period
1980’s to Present
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Two models surface to address Juvenile Crime
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Deterrence
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Incarcerate to show youth that crime does not pay
Send message to community that juvenile crime will not be
tolerated
Just Deserts
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Justified society revenge “eye for an eye”
Strict policies on Juvenile crimes
Reversal of Due Process
49 states allow transfer from juvenile to adult courta
Schall vs. Martin (1984) states have a right to place
juveniles in preventive detention to protect society when the
juvenile is dangerous