NCJ Number
52342
Date Published
1978
Length
185 pages
Annotation
THE TROUBLED HISTORY OF THE AMERICAN JUVENILE JUSTICE SYSTEM IS TRACED, WITH ATTENTION TO ITS ORIGINS AND UNDERLYING IDEALS, THE LEGAL SETTING, AND THE ROLE OF PSYCHOLOGY AND SOCIOLOGY.
Abstract
IN 1899, THE ILLINOIS LEGISLATURE PASSED A LAW CREATING A NEW AND SEPARATE COURT TO RESOLVE LEGAL PROBLEMS CONCERNING DEPENDENT, NEGLECTED, AND DELINQUENT CHILDREN. ITS APPROACH WAS BASED ON THE IDEA THAT CHILDREN, EVEN THOSE WHO BROKE THE CRIMINAL LAW, DIFFERED FROM ADULTS. AT THE TURN OF THE CENTURY, SOCIAL REFORMERS (I.E., PROGRESSIVES) BELIEVED THAT A NONPUNITIVE, 'SCIENTIFIC' JUVENILE COURT COULD REDUCE DELINQUENCY AND REFORM THE CHILD CRIMINAL. THIS THEORY WAS BASED ON A VIEW OF DELINQUENTS AS IMPRESSIONABLE PRODUCTS OF THEIR ENVIRONMENT AND SUSCEPTIBLE TO REHABILITATION, AND OF THE STATE AS BENEVOLENT AND WISE. THE STATE AND THE CHILD WERE NO LONGER CONSIDERED ADVERSARIES; CUSTOMARY CRIMINAL PROCEDURE AND DUE PROCESS WERE DISPERSED WITH. INSTEAD, AN INFORMAL COURT AND KINDLY CASE WORKERS ATTEMPTED TO IDENTIFY THE INTERESTS OF SOCIETY WITH THE WELFARE OF THE CHILD. HOWEVER, AS EARLY AS THE THE 1920'S, JUVENILE COURTS WERE FOUND TO BE INEFFECTIVE IN REDUCING DELINQUENCY, AND THE RISE OF MODERN PSYCHOLOGY AND NEW THEORIES ABOUT DELINQUENT SUBCULTURES CALL INTO QUESTION THE REHABILITATIVE MODEL UPON WHICH JUVENILE JUSTICE REMAINS BASED. RECENTLY, SOCIETY HAS COME TO REALIZE THAT, IN THE NAME OF DOING GOOD, THE RIGHTS OF CHILDREN HAVE BEEN ABROGATED AND THAT THE JUVENILE COURTS HAVE FAILED TO PROTECT SOCIETY OR THE CHILD. AN INDEX AND REFERENCE NOTES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--KBL)