Preview

The Juvenile Justice System

Better Essays
Open Document
Open Document
1321 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Juvenile Justice System
The Juvenile Justice System
Jodia M Murphy
Kaplan University
CJ150 Juvenile Delinquency
Professor Thomas Woods
July 31, 2012

Abstract This paper takes a brief look at the history and evolution of the juvenile justice system in the United States. In recent years there has been an increase of juvenile cases being transferred into the adult court system. This paper will also look at that process and the consequences of that trend.
History and Evolution In the early nineteenth century juveniles were treated the same as adults when it came to the legal system. We did not have separate courts or jails for juveniles and they would often receive the same punishments as adults that had committed crimes. “At the beginning of the nineteenth century, delinquent, neglected, and runaway children in the United States were treated in the same way as adult criminal offenders” (Seigel & Welsh, 2011). Three key things that helped to develop a separate system for juveniles were the child-saving movement, the concept of parens patria and the creation of institutions created specifically for the care of juveniles. The ‘child-savers’ movement began in New York in the early 1800’s. These early groups were concerned mainly with the moral education of children. They felt that private groups and families were not doing enough to properly educate young people and wanted more control to be given to the government. These groups were formed by prominent members of the community who could influence law makers. “Child-saving organizations influenced state legislatures to enact laws giving courts the power to commit children who were runaways or criminal offenders to specialized institutions” (Seigel & Welsh, 2011). From these groups the concept of parens patriae was made popular. Parens patriae is Latin for parent of the country, and basically gives the state or government the power to take care of those that cannot take care of themselves. As with most of the



References: Frontline, (2001, January). Child or adult? A century long view. Retrieved from: http://www.pbs.org/wgbh/pages/frontline/shows/juvenile/stats/childadult.html Net industries, (2012). Parens patriae. Retrieved from: http://law.jrank.org/pages/9014/Parens-Patriae.html Office of juvenile justice and delinquency prevention, (2003, June). Juveniles court. Retrieved from https://www.ncjrs.gov/html/ojjdp/195420/page4.html Siegel, L. J. & Welsh, B.C. (2011). Juvenile delinquency: The core (4th edl). Mason, OH: Cengage Learning/Wadsworth.

You May Also Find These Documents Helpful

  • Powerful Essays

    Juvenile Justice

    • 696 Words
    • 3 Pages

    In recent discussion of Juvenile Justice, a controversial issue has been whether juveniles should be tried as adults in adult courts for heinous crimes they have committed. On one hand, some argue that they should not be tried as adults and do not deserve harsh sentences but as children seeking help. On the other hand, however, others argue that those who commit such heinous crimes ought to be punished no matter the age. The juvenile court was created to handle juvenile offenders on the basis of their youth rather than their crimes. The purpose of juvenile court is treatment and guidance rather than punishment. Juveniles don't have the knowledgeable or moral capacity to understand the consequences of their actions; similarly, they lack the same capacity to be trial defendants. Juveniles today are more knowledgeable and cultured at a younger age; they understand the implications of violence and how violent weapons are used. It is irrational to argue that a juvenile, who sees the effect of violence around him in the news every day, does not understand what killing really is. The fact that “adolescent killers” know how to load and shoot a gun or use a knife to kill is an indicator that they understand exactly what they're doing.…

    • 696 Words
    • 3 Pages
    Powerful Essays
  • Powerful Essays

    By the nineteenth century, many child welfare advocates reformed the country’s view on children, and the states found it counter productive to convict children along with adults. States then recognized that minors are indeed young enough to be rehabilitated. Thus being said, the United States began discussing the idea of a separate justice system specifically for juvenile cases. In 1925 an official juvenile system has been established in the United States. “Juvenile courts do not exist to punish children for their transgressions against society…The aim of the court is to provide individualized justice for children…The delinquent is the child of, rather than the enemy of society and their interests coincide.” (Ogilvie at p.…

    • 1946 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    Champion, Dean John. “The Juvenile Justice System: Delinquency, Processing, and the Law.” Person Prentice Hall, 2007. Upper Saddle River, New Jersey.…

    • 2130 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    Siegel, L. J., & Welsh, B. C. (2005). Juvenile Delinquency: The Core. Belmont, CA: Thomson Wadsworth.…

    • 635 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    The court system for juveniles in the United States was first formed in 1899, in Cook County, Illinois, which then was quickly spread across the country and most other state courts decided to establish one as well, that then in turn created the juvenile justice system. With the purpose of rehabilitating each underage offender in order for them to become a productive part of society and also to protect them by having them separated from any type of exposure to adult offenders and mentally ill adult offenders that were incarcerated as well.…

    • 3966 Words
    • 16 Pages
    Powerful Essays
  • Powerful Essays

    This paper will examine the history of the Juvenile Court system and its intended purposes, the history of capital punishment being used against minors, court decisions both in limiting capital punishment for youthful offenders, as well as upholding states rights to sentence juveniles to death. Most importantly, we will analyze possible factors that contributed to the decision of Roper v Simmons such as the international community's opposition of the juvenile death penalty and the majority consensus of the American public in outlawing this practice.…

    • 3690 Words
    • 12 Pages
    Powerful Essays
  • Satisfactory Essays

    Juvenile incarceration has created a lot of uncertainties in the legal justice system. This is because it is often assumed that indeed there are several persons that are underage that at the time of the crime did not have the proper mental reasoning to appreciate that indeed they were committing a crime. For this reason, there has been several problems regarding Juvenile incarceration and it has been argued that there is a need to re-evaluate and ensure that indeed the problems that affect the system are given the proper judicial involvement and justice. . This paper is going to examine how different it is from adults and juvenile when it comes to…

    • 575 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Juveniles have been incarcerated in secure facilities since 1974. Juveniles are committing more heinous crimes and citizens have advocated for tougher penalties on crime. They want justice for the violence perpetrated on their families, businesses and communities. The Juvenile Justice system is charged with simultaneously protecting the public as well as reforming those juveniles who are convicted and sentenced to secure facilities. Barry C. Feld (1995) believes that there is a “desire to "get tough," fueled in part by frustration with the intractability of crime, that provides political impetus to transfer some young offenders to criminal courts for prosecution as adults and to strengthen the sanctioning powers of juvenile courts”(p.966).…

    • 300 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    In today’s society, there is a national debate about what to do with juveniles in the criminal justice system. This debate is a result changes in practice throughout United States. The United States made it possible to try juveniles as adults in court after the case of Kent vs. the United States in 1966. The change in legislation is relatively new due to the fact that juvenile courts have "for most of the past century, treated youngsters between 7 and 17 not as criminals but as delinquents." The United States choose to treat the kids as delinquents because there was a major focus on rehabilitation rather than punishment.…

    • 4926 Words
    • 20 Pages
    Good Essays
  • Better Essays

    The question of whether we should have continued use of a separate juvenile justice system or should we abolish it is a huge debate in the U.S. Is the separate, juvenile justice system still feasible? If not, what can replace it? Policymakers need to confront these questions, and they need innovative answers. New policies should aim for more than simply abolishing the juvenile court's delinquency jurisdiction and sending all young offenders to conventional criminal courts.…

    • 1143 Words
    • 5 Pages
    Better Essays
  • Better Essays

    The juvenile justice system has been around since the late 19th century. Before this time if a juvenile committed a crime they would be tried in the same court system as an adult. Today, this would seem very strange or unfair to most people. But, before the end of the 19th century there were no court systems designed for juvenile offenders. When it came to prosecuting juveniles in the adult court system, it had to be determined whether or not a juvenile could be criminally responsible for their actions. If the juvenile was under the age of seven, then the courts felt that they were entirely to young to be held responsible. If the juvenile was between the ages of seven and fourteen then the courts felt it was questionable to whether or not they could be criminally responsible. It would then be up to the prosecution to prove criminal responsibility. If a juvenile was over fourteen then they were considered to be criminally responsibility and could be charged as an adult. This means that a juvenile at this time could be punished as an adult. This could mean going to jail or sentenced to death.…

    • 1711 Words
    • 7 Pages
    Better Essays
  • Better Essays

    Juvenile Justice Paper

    • 1496 Words
    • 6 Pages

    The rate of juvenile offenders has decreased in some states are since its spike in the early 1990’s. The purpose of the juvenile justice system is to better to preserve the rights of youthful offenders rights, so they are not just thrown into the adult jail/prison system. It also serves the purpose of giving these youthful offenders the chance to receive the proper treatment and rehabilitation that is needed in order to curb delinquent behavior prior to reaching adulthood or “age of maturity” as it is referred to in the juvenile justice system and it is has been totally designed for those purposes.…

    • 1496 Words
    • 6 Pages
    Better Essays
  • Satisfactory Essays

    1899 was the first time we ever saw a juvenile court in America. During this time it was very common for children to be charged as adults. The courts believing by the age of seven, a child understands their full intents. Fast fowarding to 2015, we frown upon this concept. We have seen many cases in recent years where the courts have tried to charge children as adults. But many court cases have be denied. By the late 1980’s to early 1990’s murder rates rise within juveniles. This brought a new legislation that allowed many juveniles to be transferred to criminal court. On average 13,000 juveniles are transferred to criminal courts each year. What is making America change their mind on this topic? Children who commit adult crimes, are they actually…

    • 209 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    Juvenile Justice System

    • 1217 Words
    • 5 Pages

    Schmalleger, F. (2011). Criminal Justice Today. An Introductory Text for the 21st Century (11th ed.). Retrieved from https://ecampus.phoenix.edu/content/eBookLibrary2/content/eReader.aspx…

    • 1217 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Juvenile Justice History

    • 733 Words
    • 3 Pages

    The first Juvenile court was in Chicago, Illinois in 1899 for the first time ever courts had a different duty to children charged with violating the law. The Progressive viewed crime and delinquency as a disease to be treated and curved by social intervention in 1912 the child labor laws were passed. In 1925 all but 2 states had juvenile court systems. In 1935, the social security Act provided major federal funding to aid children and families. By 1948 all states had passed special laws for juveniles. Federal Youth Corrections Act created a juvenile Delinquency Bureau in the department of Health-Education and education. Courts began to use probation to discipline youth. “When youth leave jail or prison, are on probation, or have completed their adult sentence, they carry the stigma of an adult criminal conviction” (Ryan,…

    • 733 Words
    • 3 Pages
    Good Essays