The treatment of
children as a distinct social group with special needs and behavior is a product
of modern urbanization and a relatively new concept. This is not saying that
the youth prior to the 19 Century were perfect law-abiding citizens, however
their criminality was classified and statistically viewed as a whole
population, never having to deal with high demands of personal attention and
treatment. So how did this great concern for children develop?
During the middle ages in England the concept of
childhood as we know it did not exist. In paternalistic families of that time,
the father was “the final authority on all family matters and exercised
complete control over the social, economical, and physical well-being of his
wife and children” (The Juvenile Delinquency: Theory, Practice, and Law by
Siegel and Welsh, Childhood and Delinquency).
Any children in these households who would rebel against their father or
did not do as he said would have to deal with a severe physical punishment and
in some occasions even death. Since these children were harshly punished at
home and at school, it is no surprise that they were treated the same when they
broke the law.
During the first half of the 19th century the United
States experienced a rapid population growth due to the increase of immigrants.
Most of these immigrants wanted to live in urban commercial areas where they
were close to their promised manufacturing jobs. As more and more people crowded
the cities, the younger working males began to lose their jobs leaving a high
amount of youth at risk of committing criminal behavior with in the area. At this point, the
children were becoming victims of the environmental decay around them and parents
began to lose control of their children.
Ex. Higher crime within the inner cities. |
The activist movement known as the Child Savers served as a significant turning point for delinquency. People were joining forces to assist those in need in cities all around the nation. They put together community programs to serve those adolescents at risk, and lobbied for a separate legal status for children. The Child Saver developed the facility House of Refuge, which can now be related to as a group home. The progressives of this era provided protection to the potentially criminal youth by providing them with a family-like environment. (Anthony Platt, 1969).
Change for this reform came slow in 1912 when the U.S
Children’s Bureau was formed; it was the very first federal child welfare
agency. Since its origin the juvenile court system denied children procedural
rights that were available to adults, such as due process, since the juvenile
court system’s primary purpose was not to punish, but to rehabilitate. Even
though this took a step forward it didn’t do much for juveniles, until 1962
when New York created the first family court system. This new court assumed
responsibility for all matters involving family life with an emphasis on
delinquent and neglected children, but these reforms were soon followed by a
due process revolution. In the 1970’s the U.S. Supreme Court altered the
juvenile justice system by establishing due process for adolescents and giving
them the same rights as adults in courts.
The last important turning point in history that shaped
delinquency today was the creation of the federal
commission. In the late 1960’s the government helped shaped the juvenile
justice by establishing the Commission of Law Enforcement and the
Administration of Justice, which suggested and provided help with developing
effective law enforcement procedures to control serious offenders. Thanks to
this implication other administrations such as Youth Development and
Delinquency Prevention Administration and Law Enforcement Assistance
Administration where funded to help with guidance of crime control and
prevention.
These significant events in history are what paved the
way for our juvenile justice system today. A revitalized juvenile justice
system now incorporates both a comprehensive strategy to prevent and control
delinquency and a consistent program of federal funding.
References:
Juvenile Justice History | Center on Juvenile and
Criminal Justice. Juvenile Justice
History. Retrieved October 5, 2012, from http://www.cjcj.org/juvenile/justice/juvenile/justice/history/0
Platt, A. (1969). The Rise of the Child-Saving
Movement: A Study in Social Policy and Correctional
Reform. The Annals of the American Academy of
Political and Social Science, 389(1),
21-38.
Siegel, L. J., & Welsh, B. (2012). Juvenile Delinquency: Theory, Practice, and Law (11th ed.). Australia: Wadsworth, Cengage Learning.
Your paper is very informative on the history of juvenile delinquency and its progress in the criminal justice system. I can’t believe it took so long for juveniles to be granted the same rights as adults in criminal courts. It is comforting to know that the criminal justice system has shifted their direction from punishment to rehabilitation. Focusing on rehabilitation rather than punishment is also important for the wellbeing of juveniles. Young offenders are incompetent in their actions and make reckless decisions. The criminal justice system has an obligation to correct these young offenders and not punish them
ReplyDeleteI didn't know juvenile's did not have due process rights until the '70s. It is amazing how far the criminal justice system has come in preventing and controlling delinquency. I found it interesting that juvenile's were denied procedural rights until 1912, as well. Hopefully, with new laws in place, juvenile's will have a better chance.
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