Juvenile Justice Exam #1 Chapter 2: The History and Philosophy Behind the Juvenile Justice System Study Set

Bridewell Prison's Goals:

Based on an underlying theme of achieving discipline, deterrence and rehabilitation through work and severe punishment, the goals of this prison were to "make (wayward youths) earn their keep, to reform them by compulsory work and discipline, and to deter others from vagrancy and idleness"

The House of Corrections

the first specialized institution for male juveniles, authorized in DC in 1866 and consisted of several cottages containing 60 or more beds

Justice Model

the judicial process wherein young people who come into conflict with the law are held responsible and accountable for their behavior

What signaled a change in philosophy that eventually lead juvenile justice into its current phase, the Crime Control Period?

the majority of states beginning to enact legislation that made it easier to transfer youths to adult courts

Medical Model

the view that offenders are victims of their environment and are thus, curable

What was the thought process of the Child Savers in regards to dealing with juvenile delinquents?

these reformers thought that children's contact with the justice system should not be a process of arrest and trial, but should seek answers to what the children are, how the have become what they are and what society should do in the children's, as well as society's, best interests to save them from wasted lives

Why were the Child Savers not entirely Humanitarian?

they viewed poor children as a threat to society who needed to be reformed to conform, to value hard work and to become continuing members of society

The Gault Decision (1967)

this decision requires that the Due Process Clause of the Fourteenth Amendment apply to proceedings in state juvenile courts, including the right of notice, the right to counsel, the right against self-incrimination and the right to confront witnesses. *this decision provided the standard of due process for juveniles*

Houses of Refuge

this was the predecessor of today's training schools. Children were placed there by court order and usually stayed until they reached the age of maturity *this was the first U.S. reformatory, opened to house juvenile delinquents, defined in it's charter as "youths convicted of criminal offenses or found in vagrancy"

Corporal Punishment

to punish by inflicting bodily harm (spanking)

Who were the Child Savers and what were they trying to do?

wealthy, civic-minded citizens who tried to "save" unfortunate children by placing them in houses of refuge and reform schools

Current phase of the evolution of the juvenile justice system:

Crime Control Period

The Industrial Revolution

brought in the 18th century and changed the face of america

Significance of the 1899 Juvenile Court Act

-This act created the first juvenile court in the U.S. and provided social reform and a structured way to restore and control children in trouble -It also provided a way to care for children who needed official protection

Youth Service Bureaus

-established in 1967 by the President's Commission, established to coordinate community-centered referral programs *in response to recommendation the President's Commission had for establishing community-based correctional alternatives to institutionalization?* -these were *not* a part of the juvenile justice system, but the bureaus would provide necessary services to youths as a substitute for putting them through the juvenile justice process, thus avoiding the stigma of formal court involvement

Schall v. Martin (1984)

-in this case the Supreme Court upheld the state's right to place juveniles in preventative detention, fulfilling a legitimate state interest of protecting society and juveniles by detaining those who might be dangerous to society or to themselves -this case also established a due process standard for detention hearings including procedural safeguards such as a notice, a hearing and a statement of facts given to juveniles before being placed in detention -court reiterated its belief in the fundamental fairness doctrine and the doctrine of parens patriae, trying to keep a balance between the juvenile's right to freedom pending trial and the right of society to be protected *upheld preventative detention*

Kent v. United States (1966)

-in this case, the petitioner (defendant, Morris Kent), admitted to housebreaking, robbery and rape, was held in a juvenile detention facility for almost a week, and then transferred to adult criminal court, all without receiving a hearing of any kind

What did the President's Commission on Law Enforcement and Administration of Justice criticize in 1967? And what was a recommendation they provided?

-lack of due process, law enforcement's poor relationship to youths and the handling of juveniles, and the corrections process of confining status offenders and children "in need" to locked facilities -they recommended that community-based correctional alternatives to institutionalization, or deinstitutionalization, should be considered seriously for juvenile offenders

What was the philosophy of the Child Savers?

-reformers with the philosophy that the child was basically good and was to be treated by the state as a young person with a problem *these reformers firmly believed that children should not be tried in a criminal court alongside adults nor be sentenced to jail with hardened criminals; the reformers believed that society owed more to its children*

Development of Standards for Juvenile Justice

-standards were published in 1980 -following implementation of the new legislation of these standards it was found that there was a marked increase in the use of incarcerative sanctions for the violent and serious/chronic offender, but nonviolent offenders and chronic minor property offenders were less likely to be incarcerated and more apt to be required to pay restitution

Early Efforts at Diversion

-the Boy's Court & New York City's Youth Counsel Bureau diversion from juvenile court began in the Chicago Boy's Court, an extralegal form of probation to process and treat young offenders without labeling them as offenders

The Puritan Period (1646-1824)

-the american colonists brought with them much of the English criminal justice system, including poor laws and the forced apprenticeship system for poor and neglected children -they also continued the centuries old philosophy of *patria postestas*, giving fathers absolute authority over all family matters and justifying harsh consequences for children who misbehaved

Significance of Kent v. United States

-the decision of this case warned that the juvenile court's traditional lack of concern for procedural and evidentiary standards would no longer be tolerated -the procedural requirements for waiver to criminal court were articulated by the Supreme Court in this case

How did the Boy's Court Work?

-this court released juveniles to the supervision and authority of these agencies listed above -after sufficient time to evaluate each youth's behavior, the agencies reported back to the court. the court took the evaluation and, if satisfactory, the judge officially discharged the individual and *no recored was made*

What were the four motivating principles of the Child Savers?

1. children should not be held as accountable as adult transgressors 2. the objective of juvenile justice is to help youngsters, to treat and REHABILITATE them rather than punish them 3. dispositions should be predicted on an analysis of the youth's special circumstances and needs 4. the system should avoid the punitive adversary role and formalize trappings of the adult criminal process

5 key features of the 1899 Juvenile Court Act

1. defining a delinquent as any detainee younger than 16 2. separating children from adults in institutions 3. setting special, informal procedural rules for juvenile court 4. providing for use of probation officers 5. prohibiting detention of children younger than 12 in a jail or police station

The Four D's of Juvenile Justice

1. deinstitutionalization 2. diversion 3. decriminalization 4. due process

Two key goals to the Juvenile Justice and Delinquency Act of 1974:

1. deinstitutionalization of status offenders 2. separation or removal of juveniles from adult facilities

Three Main Functions of Local Youth Service Bureaus?

1. diversion 2. resource development 3. system modification

Five institutions evolved to handle poor, abused, neglected, dependent and delinquent children brought before a court:

1. indenture and apprenticeship 2. mixed almshouses (poorhouses) 3. private orphanages 4. public facilities for dependent children 5. jails

When was decriminalization first witnessed?

1961 in California, it became the first state to separate status offenses from the delinquent category

The Juvenile Rights Period (1960-1980)

Civil rights efforts during the 1960s helped broaden concerns for all children, especially those coming under the jurisdiction of juvenile courts *The fourth phase in the evolution of the juvenile justice system

The Society for the Reformation of Juvenile Delinquents in the City of New York

purpose was to establish a reformatory was formed

New York City's Youth Counsel Bureau

Established to handle delinquents not deemed sufficiently advanced in misbehavior to direct to court. The bureau provided a counseling service and discharged those whose adjustments appeared promising, not record was kept to label the youths delinquent *occurred toward the end of the Juvenile Court Period, in the early 1950s, and was a development in youth diversionary programs*

The First Public Recognition of the Term Juvenile Delinquency

another important development in the puritan period, an 1818 committee report linking pauperism (poverty), with juvenile delinquency -- this was the first public recognition of the term juvenile delinquency

What case changed the adjudication process almost completely into a deliberately adversarial process?

In re Gault

Case that elevated the juvenile court process to a national issue and is the single most important event in the history of juvenile justice

In re Gault, the Gault Decision

The 1899 Juvenile Court Act

Passed in Illinois, this act represented the U.S. criminal justice system's first formal recognition that it owed a different duty to children than to adults and that impressionable, presumably salvageable youth's should not be mixed in prisons with hardened criminals *the law that created a public policy based on the medical model-- a model of individual diagnosis and individual treatment*

PINS & CINS/CHINS

Person in Need of Supervision; Child in Need of Supervision-- labels adopted by states when following California's steps regarding decriminalization

The Challenge of Crime in a Free Society (1967)

Questioned the policy of incarceration for nonviolent juvenile offenders and whether harsh policies deter juvenile delinquency or if arresting youthful juvenile offenders might actually steer juveniles toward a lifetime of delinquent behavior *published by the President's Commission on Law Enforcement and Administration of Justice*

Why were the Four Ds of Juvenile Justice created?

To deal with problems identified within the juvenile justice system and establish new policies regarding the four key concepts (the four Ds)

Breed v. Jones (1975)

a juvenile cannot be adjudicated in a juvenile court and then be tried for the same offense in an adult criminal court-- no double jeopardy

Child-Saving Movement

a reform that occurred in the U.S. during the 19th century and began around the middle of the 1800s

The Boy's Court

a version of diversion that used four community service agencies, a Catholic church agency, a predominantly Protestant agency, a Jewish Social Service Bureau, and the Colored Big Brothers

By the end of the Juvenile Court Period, why did the U.S. Supreme Court begin to question the use of parens patriae?

as it was the sole reason for denying children many constitutional rights extended to adults charged with a crime

Passage of the Social Security Act in 1935

began major federal funding for programs to aid children and families

Double Jeapardy

being tried for the same offense twice

The Winship Decision

case that established proof beyond a reasonable doubt as the standard for juvenile adjudication proceedings, eliminating lesser standards such as a preponderance of evidence, clear and convincing proof and reasonable proof

What occurred in 1912?

congress passed the first child labor laws

The Stubborn Child Law

created the first status offense, which is an act considered illegal for minors only *law stood unrevised for more than 300 years*

When was the first federal interest in delinquency and child delinquency?

demonstrated by the 1909 White House Conference on Children and Youth, the theme of which centered on the institutionalization of dependent and neglected children

Disadvantages to diversion

diversion does not necessarily mean less state social control over juveniles, it has had the negative effect of transferring state power from juvenile courts to police and probation departments and many youngsters who earlier would have been simply released were instead referred to the new diversionary programs

Net Widening

diverting youths to other programs and agencies rather than away from the system

The Society for the Prevention of Pauperism

during 1820 and 1821, this society surveyed U.S. prisons and found prevalent a highly punitive approach toward prisoner treatment

What was significant regarding Due Process Rights during the Juvenile Rights Period?

during this period, other policy changes involved the applicability of these rights to juveniles as society began to demand that children brought before the juvenile court for matters that exposed them to the equivalent of criminal sanctions receive the protection from these rights

The Refuge Period (1824-1899)

during this period, reformers created separate institutions for youths such as houses of refuge, reform schools and foster homes

The McKeiver Decision

established that a jury trial is not a required part of due process in adjudicating youth as a delinquent by a juvenile court; juveniles do NOT have the right to a jury trial *case slowed the move towards expanding juveniles civil rights*

Poor Laws

established the appointment overseers to indenture poor and neglected children into servitude. Children were forced to work for wealthy families who, in turn, trained them in a trade, domestic service or farming *these Elizabethan poor laws were the model for dealing with poor children for the next 200 years*

New York Family Court Act

followed California in regards to decriminalization in 1962, when this act created a new classification for noncriminal conduct -- PINS (person in need of supervision) *other states followed as well adopting labels such as CINS or CHINS (child in need of supervision)*

The Parent Teacher Association (PTA)

founded in 1897, induced the Cook County (Illinois) Bar Association to write the law establishing a juvenile court in Chicago, which was the first of its kind and propelled juvenile justice into its third evolutionary phase

Child Savers

groups who promoted the rights of minors in the late 1800s and helped create a separate juvenile court

Bridewell:

in 1555 in London, this became the first institution to control youthful beggars and vagrants, which confined both children and adults considered to be idle and disorderly

When was the colonial Puritan Philosophy regarding juvenile behavior enacted into law and why?

in 1646 in Massachusetts when the Stubborn Child Law was passed

Function of Diversion for Local Youth Service Bureaus:

included accepting referrals from the police, courts, schools, parents and other sources, and included working with the youths in a voluntary, non-coercive manner through neighborhood-oriented services

Function of Resource Development for Local Youth Service Bureaus:

included offering leadership at the neighborhood level to provide and develop a variety of youth assistance programs, as well as seeking funding for new projects

Function of System Modification for Local Youth Service Bureaus:

included seeking to change attitudes and practices that discriminate against troublesome youths, and, thereby, contribute to their antisocial behavior

Due Process

laws may not contain provisions that result in the unfair or unreasonable of an individual; established course designed to safeguard the legal rights of an individual

Decriminalization

legislation to make status offenses noncriminal acts

The Crime Control Period (1980-Present Day)

mainstream attitudes about the response to and treatment of juvenile offenders swung to more punitive measures, the formerly prevailing medical model of viewing unlawful behavior began to shift to what is known as the justice model

Reform Schools

middle of the 19th century, intended to provide discipline in a "home-like" atmosphere where education was emphasized *though these schools emphasized formal schooling, they also retained large workshops and the contract system of labor*

The Juvenile Court Period

occurred during the first quarter of the 20th century, and was often known as the Progressive Era or the Age of Reform

The Justice Model philosophy about offenders/crime

offenders can form rational adaptation to societal conditions, and are capable of exercising free will and surviving without resorting to crime

Child Savers

part of the Refuge Period, believed that children's environments could make them "bad"

The Juvenile Justice and Delinquency Prevention Act of 1974

passed in 1968; one provision of this act was to reform the juvenile justice system nationally

Youthful Offenders

persons adjudicated in a criminal court who may be above the statutory age limit for juveniles but below a specified upper age limit for special correctional commitment

What did the President's Commission advocate was the most promising and important method of dealing with crime?

prevention

The Uniform Juvenile Court Act

provided for the care, protection and development of youths, without the stigma of a criminal label, by a program of treatment, training and rehabilitation in a family environment when possible *this act included the legislation of provisions that affected law enforcement and corrections, which illustrated the interconnectedness of the three components of the system*

Deserts

punishment as a kind of justified revenge; the offending individual "gets what is coming to them"

Deterrence

punishment as a means to prevent future law breaking

What was a rising concern and social reform that marked the turn of the 19th century?

reformers seeking to change laws and public policy as they affected children

Primary concern of the 1899 Juvenile Court Act

rehabilitation and the child's welfare were of prime concern; the act gave "original jurisdiction in *all* cases coming within the terms of this act", removing those younger than 16 from the criminal court's jurisdiction and placing them in a paternalistic system that viewed juvenile delinquents as victims of their environments not responsible for their offenses

What did the reformers of the Juvenile Court Period Believe?

that children were not inherently bad, but were made so by society and their environment

Underlying philosophy of the medical model

that delinquency was a preventable and treatable condition; in cases where prevention failed and delinquent behavior occurred, the condition could be treated and cured

What were the beliefs of the Progressives?

that the family was especially influential and that the parents were responsible for bringing their children up to be obedient and to work hard. Reformers during this period believed in state intervention when parents were unable to fulfill such responsibilities

What pushed juvenile justice further into its third stage of evolution?

the Parent Teacher Association that induced the cook county bar association to write the law establishing a juvenile court in chicago

Highlights of Juvenile Rights Reform Period

the combination of serious, stigmatizing results achieved without due process safeguards led the supreme court in the 1960s to impose new requirements

Preventative Detention

the confinement of youths who might pose a danger to themselves or to others who might not appear at their trial

Logic behind the McKeiver Decision:

the court advocated that the presence of an interactive juvenile court judge and concluded that juvenile courts should not become fully adversarial like criminal courts, requiring a jury might put an end to what has been the idealistic prospect of an intimate informal protective proceeding-- could result in public trials

Shioutakon v. District of Columbia (1956)

the courts established the role of legal counsel in the juvenile court. If juveniles were to have their liberty taken away, such juveniles had the right to a lawyer in court