The Juvenile Justice System, Research Paper Example

The juvenile justice system has evolved significantly since its inception. Before the 21^st century, little distinction was made between adult and juvenile justice. In the Middle Ages, for example, children were treated as adults in the eye of the law. Furthermore, the father figure in the family was responsible for dealing punishment, which was thought to keep children that did not behave in check. In the early American period, judges thought about the age of children before passing a judgement, imprisonment was a possibility independently of age. However, urbanization contributed to the development of the American justice system. In 1874, the Society for the Prevention of Cruelty to Children was formed in New York to prevent young boys that suffered abuse from being committed to a life of crime. As the population grew, this organization was no longer able to fully support the needs of adolescents in cities, which contributed to a need for local and federal programs to address these issues.

The first juvenile prison opened in Illinois in Clark County in 1899 (Department of Juvenile Services, 2015). This is an important implication for children criminals because instead of being treated as violent member of society, there was a focused importance in determining how to reverse their behaviors. Furthermore, a precedent was set that would allow children to have “civil” cases instead of “criminal” cases. The ability for juveniles to receive fair counsel expanded even more significantly in 1968 with the case In re Gault, which provided that states would receive federal funding for addressing juvenile delinquency. Last, Congress passed the Juvenile Justice and Delinquency Prevention Act in 1974 which defended juveniles against basic crimes, instead requiring that they receive counselling for minor defenses or be placed in a specialized juvenile detention center for advanced defenses.

The Illinois Juvenile Court Act was important because it stated that criminals could not be tried as adults (Siegel & Welsh, 2013). In addition, decisions about punishments should be based on the individual needs of the law transgressor. The Law Enforcement Assistance Administration provided funding to organizations to provide funds to help support the juvenile justice system. Within this organization, the Office of Juvenile Justice and Delinquency program was formed to remove children from adult jails and create formal programs for juvenile rehabilitation. Since this time, children have been treated instead of punished to ensure that they are being treated fairly within the context of their age and level of understanding.

Following this point in time, the concept of parens patriae was implemented stating that the criminal behavior of children was a result of the ways that their parents treated them. Illegal behavior was used as an indicator that the child should be taken away from his or her parents to prevent against further criminal activity. As a result, the government implemented laws that were intended to act in the best interest of the child. As a consequence, the legal action taken against children is based on their need for treatment. In spite of the legal protections in place, it is important to consider that a waiver could be provided in order to try a minor as an adult. This is done for the most severe crimes after a carefully analysis of the individual’s understanding of the situation is conducted.  

References

Department of Juvenile Services. (2015). History of Juvenile Justice in the United States. Retrieved from http://djs.maryland.gov/history-us.asp

Siegel, L.J., Welsh, B.C. (2013). Cengage Advantage Books: Juvenile Delinquency. Wadsworth Publishing.