Criminal justice chapters 13-14

parens patriae

“father of his country” the government is the guardian of anyone with a disability, especially children

in re gault

juveniles are entitled to due process similar to adults under the 14th amendment.

when was juvenile justice started

at the turn of the 20th century

what type of agency and view was the juvenile justice system at the turn of the 20th century?

quasi-social welfare agency (funded) with a parent patriae view

poor laws

in england in the 17the century process of indenture that bound out vagrants and neglected children as servants, this continued until the early 19th century, -children charged with serious offenses were still treated as adults

chancery courts

provided judicial relief to those with no legal standing

child savers

provide shelter/care for indigent youth, NY house of refuge established in 1825 -women sewed and did laundry
-accusations of abuse

new reform schools

Westboro Mass (1848)

Rochester (1849)

children working in institutions, learning trades and education

1853 Childrens aid society

alternative in NY, removed children from city to rural environment aka fresh air kids

What did child savers do?

lobbied for an independent, state supported court

1st comprehensive juvenile court

illinois 1899, handled violations by children under 16, by 1925 most states developed juvenile courts

First juvenile courts

• children were encouraged to admit their guilt in open court which violates their 5th amendment right.

• found guilty by preponderance of evidence

what did the development of juvenile courts focus on

• the best interest of the child

• reform school founded on hardwork and dicipline rather than punishment

• emphasis shifted to cottage system

odds of returning to prison if in a program

43%