What was the social and historical context in which the juvenile court was created?

The book “No Matter How Loud I Shout” written by Edward Humes, looks at numerous major conflicts within the juvenile court system. There is a need for the juvenile system to rehabilitate the children away from their lives of crime, but it also needs to protect the public from the most violent and dangerous of its juveniles, causing one primary conflict. Further conflict arises with how the court is able to administer proper treatment or punishment and the rights of the child too due process. The final key issue is between those that call for a complete overhaul of the system, and the others who think it should just be taken apart. On both sides there is strong reasoning that supports each of their views, causing a lot of debate about the

Beginning in the 1960s, the US Supreme Court decided on a succession of landmark cases that histrionically altered the processes and all around atmosphere of the Juvenile Justice System in America. One case in particular that played a major role in the Juvenile field is Kent vs. US (383 US. 541 [1966]). The landmark case Kent vs. United States, observed as the first chief juvenile rights case in our history. This important case established the collective standards that entitled juveniles the right to waivers and preliminary hearings, which ensured due process was served. This would ultimately decide if the court would shift Kent into adult jurisdiction or allow him to remain in the juvenile system.

It has been one hundred years since the creation of the juvenile court in the United States. The court and the juvenile justice system has made some positive changes in the lives of millions of young people lives over the course or those years, within the last thirteen years there has been some daunting challenges in the system.

In earlier Colonial days, children and teenagers behaving antisocially or found to have committed a crime were sent through the adult justice system, even children as young as seven-years old who were accused of doing wrong were put into prison with adults. But, over the centuries the juvenile justice system has changed tremendously from imprisoning children within the adult system. There are five periods of juvenile justice which changed the process of juveniles begin incarcerated with adults; the Puritan Period, the Refuge Period, Juvenile Court Period, Juvenile Rights Period, and the Crime Control Period.

The U.S made legal history in 1989 when the world’s first juvenile court opened in Chicago (Rank, J.) Since 1990 many states have also adopted the “get tough” approach to juvenile justice as a response to the increasingly violent crimes committed by children.

Today’s juvenile court system handles most cases involving those under the age of 18-year-old. This was not always the case and the ideal of a separate court system for adults and children is only about 100 years old. When looking at the differences that set juvenile courts apart, it is important to study the history and see how it developed over time.

There were several decisions made by the Supreme Court that formalized courts for juveniles, making them more like criminal courts. Formal hearings were required, juveniles who faced confinement were given the right to receive a notice of the charges being held against them, and also came along the right to be represented by an attorney. In the 1980’s the public noticed that juvenile crimes were rising and that the system was not effective. Soon states began implementing disciplinary laws, some which included a mandatory sentencing and automatically being sent to adult court for certain crimes committed.

With the escalation of murders and rapes committed by minors as seen in recent years the people are looking for the right answer. Public concern over the effectiveness of the juvenile courts when dealing with these offenders has brought about change in the justice system. (Stolba, 2001). The courts now, are quicker to transfer a juveniles’ case to adult court than when the juvenile system was first formed. There stands a conflict of interests within the two court systems. Juvenile courts are to protect the rights of youths determined incapable of adult decisions. The primary concern is that the youth be rehabilitated and not become a repeat offender. Thus, protecting the child from incarceration with adult criminals and any possible future victims. The concerns of the adult court is to make sure the convicted offender pays for their crime and that the victim gets justice. Rehabilitation is not a primary concer of the adult justice system.

This paper will discuss the history of the juvenile justice system and how it has come to be what it is today. When a juvenile offender commits a crime and is sentenced to jail or reform school, the offender goes to a separate jail or reforming place than an adult. It hasn’t always been this way. Until the early 1800’s juveniles were tried just like everyone else. Today, that is not the case. This paper will explain the reforms that have taken place within the criminal justice system that developed the juvenile justice system.

“The juvenile justice system was first created in the late 1800s to reform United States policies on how to handle youth offenders. Since that time, a number of reforms - aimed at both protecting the "due process of law" rights of youth, and creating an aversion toward jail among the young - have made the juvenile justice system more comparable to the adult system, which is a shift from the United States’ original intent (2008,Lawyer Shop.com).” The

As a contrast, there are many differences between the adult and juvenile justice system. These differences consist of the right to a jury, the right to post bail, leniency of evidence, different court proceedings, the right to a public trial, and rehabilitation efforts. As for the purpose of this paper, we will dissect the differences of the two systems. Many appeals have been filed under the notion that a right to a jury should be upheld for juvenile offenders. The courts have voted against this action time and time again. These appeals are made on the assumption that, as noted earlier, adult crimes should be tried as adult crimes. However, the court rules on this matter while keeping the rehabilitation efforts of the juvenile courts in mind, as opposed to the more punitive measures. Their desire to see kids treated as kids are defined with their upholding of the law, and pushing rehabilitation to its max. But should rehabilitation be the prime focus when the act is of adult capacity; even in a child’s body? I do not think so. What are the percentages of rehabilitation success with adults for committed capital offenses? How are they going to differ when a child partakes in them? I think there is a

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.

The juvenile justice system is a foundation in society that is granted certain powers and responsibilities. It faces several different tasks, among the most important is maintaining order and preserving constitutional rights. When a juvenile is arrested and charged with committing a crime there are many different factors that will come in to play during the course of his arrest, trial, conviction, sentencing, and rehabilitation process. This paper examines the Juvenile Justice System’s court process in the State of New Jersey and the State of California.

Juvenile justice has proved to be as imprudent as it is practical. Snyder and Sickmund (1999) found that as early as 1825, there was a significant push to establish a separate juvenile justice system focused on rehabilitation and treatment. The procedure continued to stay focused on the rehabilitation of a person, even though financial support and assets sustained to hold back its achievement. In reaction to rising juvenile crime rates in the 1980s’, more corrective laws were approved (Snyder and Sickmund 1999). In the 1990s, the United States legal system took further steps regarding transfer provisions that lowered the threshold at which juveniles could be tried in criminal court and sentenced to adult prison (Snyder and Sickmund 1999). Furthermore, laws were enacted that allowed prosecutors and judges more discretion in their sentencing options; and confidentiality standards, which made juvenile court proceedings and records more available to the public (Snyder and Sickmund 1999), were reduced.

The Juvenile Justice System was established in 1899 when the first documented court hearing took place in Cook County, Illinois. This type of court system was designed to discipline, treat, and rehabilitate children under the legal age of eighteen, who are caught and/or convicted of committing crimes against society. Since its creation, many have argued for and against having two separate but parallel court systems. This essay will discuss the basic arguments in favor of and in opposition to the retention of the juvenile justice system.