1/5/15
History of Juvenile
Defining the Child
Paten Patriae
The idea that the state is obligated to care for people (children/ mentally ill) in head of care and protection
Antebellum Child Welfare
Legitimate vs. illegitimate child
Apprenticeship
“ The children” in the 1900s:
Context:
Children seen as malleable; future citizens
Child development was in the interest
Materialism and the child-savers
Materialism
Valorized the women’s role as a mother
Defined many progressive- era politics
Became the “watchword of custody law”
Child Saving Movement
Post industrial Revolution
Invited govt. intervention for different forms of youth deviance
1/7/15
Juvenile Justice in the 19th century
Focus on citizen-building
1839: first use of patens patriae in the US.
Ex Parte rouse
The Juvenile Court (1899)
First Juvenile court in the Us was in Cook County, IL (1899)
Focus on preventative and reformatory strategies
Examines individuals, not crimes
Relied on extralegal techniques to help youth desist from committing crimes in the future
No procedural formalities
Confidential proceedings to avoid stigmatization of youth
Change in language to emphasize difference from adult criminal system
Jim Crow Juvenile Justice (early 1900s)
Black communities had much to gain from a formal autonomous juvenile court
Era of rampant mob violence and murder
In the South, white citizens opposed taxes for black schools and reformatories
In cities, lack of resources in black communities, as compared to white communities
Lack of equal access to juvenile justice because of a lack of welfare
Questions
1. What’s one thing about this history that surprises you?
African American communities were very accepting of the juvenile court system because it helps their children get recognized even when they are black.
Lack of procedural formality
White boys and girls receive actual job opportunities but black boys and girls only receive manual labor
Due Process Rights in Juvenile Justice (1960s)
1. Kent v. Us (1966)
Granted Hearing, counseling and lawyer for juvenile in adult court
2. In re Gault (1967)
Juvenile receive protection that adults receive
Notification of charges, Right to legal counsel, Right to confront witnesses, privilege against self incrimination, right to appellate review
3. In re Winship (1970)
Changes the standard of prove from a propondious of evidence to beyond reasonable doubt
4. Mckeiver v. Pennsylvania (1971)
Jury trial are not needed for juvenile court Maintain difference from adult court/ keep private
5. Breed v. Jones (1975)
Protection of double jeorpady
6. Schall v. Martin (1983)
Bars presentative
7. Roper v. Simmons (2005)
No death penalty
Reform Movements in Juvenile Justice (1970s)
National Advisory Commission on criminal Justice Standards and Goals (1973)
Juvenile Justice and Delinquency Prevention Act (1974)
Emphasis on:
Deinstitutionalization
Decriminalization (no status offenses)
Diversion
Questions
1. What are the repercussions of formalizing due process rights for juveniles?
Legislation relating to Child Welfare (1970s)
Battered Child Syndrome (1962)
Study that doctor publish and establish that kids are mistreated
Child Abuse, Prevention, and Treatment Act (1974)
Establish funds
Indian Child Welfare Act (1978)
If a child is a registered in the federal tribe goes into a reservation
Adoption Assistance and Child Welfare Act (1980)
Formalize legal language
Adoption and Safe Families Act (1996)
Shifts the emphasis of dependencies from reuniting children back to the family to sending children to adopting families.
Take-Home Activity
Pick one piece of legislation or court case that you believe should (or simply could) be eliminated.
1 page describe the piece of legislation or case explain what the impacts were explain why you think it should be eliminated
Post to Moodle forum by Friday, 1/9
1/12/15
What makes a Juvenile Offense?
Legal Definitions
Change through time, and differ from place to place
