Crime and Juvenile Court Jurisdiction

Topics: Crime, Juvenile delinquency, Criminal law Pages: 21 (6652 words) Published: September 7, 2011

Juvenile era.
There are an evolution of the juvenile justice process and by go through all of this era we may know the system and process for juvenile case today. There era of juvenile may be divided into 4 eras based on juvenile history in America: 1. Pre-juvenile court era (1600-1898)

2. Juvenile court era (1899-1966)
3. Juvenile right era (1967-1979)
4. Crime control era (1980-Present)

Pre-juvenile Court Era (1600-1898).
* In this era, youthful law-breaker was control by a family that was the primary source of child control. * Youth on this time was not being judge by organized criminal or any justice system such as police, probation officer and so on. Justice was being control by a family but not only limited only to the family; it’s also included neighbour, townspeople and church. * Church played as integral role in this era to control the children criminal cases. Any crime may result into any punishment rely on their mistake. * Punishment for this children also sometime attached to the behaviour of their parents and they way they being raised * In early 1800’s House Of Refuge was established, it may be considered as the first juvenile constitution. This institution being established because of the society on this era believes that children that commit crimes come from a problem family and may influence from their own parents. * This institution operated on the belief that this children can being save through hard work, education and religion. This institution also was also act as a place for this children from their irresponsible parents. * House Of Refuge seemed to be a solution for the problem but as a time went on, these institution became place of rampant abuse and began reflect the environment from which youth to be protected in first place and these brought a change to system such as development of a separate legal forum for delinquent and wayward juveniles.

Juvenile Court Era (1899-1966)
* In 1899 the first juvenile court comes up under Juvenile Court Act. * Formation of the juvenile court was the concept that youths were not entirely responsible to their behaviour or any crime being made by them. They may being considered as the victim of society problem such family broken, poverty and many more. * By that, the idea of dealing with juveniles through adult justice system had being rejected because it was considered unfair to punish the child form something that not entirely was his or her fault. * New system had being created as a way of punishment for the child under the supervision of the juvenile court. Treatment for youth under their supervision included a wide range of dispositions from warning to probation to institutionalization, and the unique feature on this era is the introduction of the Inderterminate Sentence. * Inderterminate Sentence means that the child will be under juvenile court supervised until this child is free from their problem or reaching adulthood. This can be considered as best method to the juvenile court as they can always watch and control this child from doing more criminal.

The Juvenile Right Era (1967-1979)
* In this era there are some criticism of the juvenile court said that the sentences were unfair, biased compared to the nature of the offence. * Based on these criticisms, its lead to reform in the juvenile court and called for development of a set of procedural right in order to protect juveniles that was to protect them in first place. * The US Supreme Court held in Gault that juveniles must be given certain procedural due process right to adjudication proceedings that could result in confinement in a juvenile institution which their freedom would be burtailed. * In this era, all juvenile in this time well protected as they had being exposed to their right and they know what they can do and what they can’t do. * These rights would ensure that the procedures for depriving...
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