NCJ Number
59418
Journal
American Behavioral Scientist Volume: 22 Issue: 6 Dated: SPECIAL ISSUE (JULY/AUGUST 1979) Pages: 621-652
Date Published
1979
Length
32 pages
Annotation
THE HISTORICAL EVOLUTION OF SOCIETIES' RESPONSES TO JUVENILE OFFENSES IS EXAMINED FOCUSING ON SIGNIFICANT 19TH CENTURY DEVELOPMENTS AND CURRENT RESPONSES.
Abstract
THROUGHOUT HISTORY, THERE HAVE BEEN DIFFERENT STANDARDS OF BEHAVIOR FOR CHILDREN AND ADULTS AND DIFFERENT SANCTIONS IMPOSED FOR LEGAL AND MORAL VIOLATIONS. EVEN THOUGH EARLY U.S. LAW DID NOT DIRECTLY ADDRESS THE WELFARE, RESPONSIBILITIES, AND MODES OF TREATING CHILDREN, RECOGNITION WAS GIVEN TO THE BELIEF THAT CHILDREN UNDER THE AGE OF 7 YEARS COULD NOT BE HELD LIABLE FOR CRIMINAL ACTS. ALTHOUGH CHILDREN BETWEEN THE AGES OF 7 AND 14 YEARS WERE SUBJECT TO THE SAME COURT PROCEEDINGS AND PUNISHMENTS GIVEN ADULTS, THE PROSECUTION HAD TO ESTABLISH THAT THE YOUNG DEFENDANT WAS AWARE THAT THE ACT WAS WRONG. A SERIES OF REFORMS WITHIN THE CRIMINAL JUSTICE SYSTEM, DURING THE 19TH CENTURY, CULMINATED IN THE FORMATION OF JUVENILE COURTS AS A SEPARATE LEGAL AND CONCEPTUAL ENTITY. THE PHILOSOPHY BEHIND THIS REFORM HELD THAT JUVENILE OFFENDERS, PROBLEM CHILDREN (E.G. TRUANTS), AND ABUSED CHILDREN WERE IN NEED OF HELP. IT WAS FURTHER ARGUED THAT THE COURTS, WITH JUDGES ACTING AS ASTUTE PARENT SURROGATES, WERE THE PROPER AGENCY FOR ADMINISTERING SUCH HELP. HOWEVER, WHILE THE SYSTEM SOUGHT TO PROTECT THE WELFARE OF CHILDREN, THE EVOLUTION OF COURT OPERATIONS HAS SHOWN THAT THE SYSTEM HAS DENIED CHILDREN THE FUNDAMENTAL RIGHTS OF DUE PROCESS. IT HAS BECOME OBVIOUS THAT NEITHER SOCIETY NOR CHILDREN ARE BENEFITING FROM THE SYSTEM. IN RECENT YEARS, THERE HAVE BEEN MAJOR EFFORTS TO ONCE AGAIN TREAT YOUNG CRIMINALS EXACTLY LIKE ADULTS IN TERMS OF DUE PROCESS RIGHTS AND IMPRISONMENT AND TO LIMIT THE RANGE OF JUVENILE ACTIONS, WHICH COME BEFORE THE COURTS, TO SERIOUS OFFENSES. BEHAVIORAL PROBLEMS (SUCH AS RUNNING AWAY FROM HOME) ARE INCREASINGLY BECOMING THE RESPONSIBILITY OF COMMUNITY-BASED AGENCIES. FOOTNOTES, APPROPRIATE COURT CASES, A TABLE OF SIGNIFICANT DEVELOPMENTS IN THE AMERICAN JUVENILE JUSTICE SYSTEM, AND REFERENCES ARE PROVIDED. (KCP)