The Juvenile Court and the Progressives

The Juvenile Court and the Progressives
Author: Victoria Getis
Publisher: University of Illinois Press
Total Pages: 338
Release: 2000
Genre: History
ISBN: 9780252025723

Today's troubled juvenile court system has its roots in Progressive-era Chicago, a city one observer described as "first in violence" and "deepest in dirt." Examining the vision and methods of the original proponents of the Cook County Juvenile Court, Victoria Getis uncovers the court's intrinsic flaws as well as the sources of its debilitation in our own time. Spearheaded by a group of Chicago women, including Jane Addams, Lucy Flower, and Julia Lathrop, the juvenile court bill was pushed through the legislature by an eclectic coalition of progressive reformers, both women and men. Like many progressive institutions, the court reflected an unswerving faith in the wisdom of the state and in the ability of science to resolve the problems brought on by industrial capitalism. A hybrid institution combining legal and social welfare functions, the court was not intended to punish youthful lawbreakers but rather to provide guardianship for the vulnerable. In this role, the state was permitted great latitude to intervene in families where it detected a lack of adequate care for children. The court also became a living laboratory, as children in the court became the subjects of research by criminologists, statisticians, educators, state officials, economists, and, above all, practitioners of the new disciplines of sociology and psychology. The Chicago reformers had worked for large-scale social change, but the means they adopted eventually gave rise to the social sciences, where objectivity was prized above concrete solutions to social problems, and to professional groups that abandoned goals of structural reform. The Juvenile Court and the Progressives argues persuasively that the current impotence of the juvenile court system stems from contradictions that lie at the very heart of progressivism.

The Evolution of the Juvenile Court

The Evolution of the Juvenile Court
Author: Barry C. Feld
Publisher: NYU Press
Total Pages: 408
Release: 2019-06-01
Genre: Social Science
ISBN: 147987129X

Winner, 2020 ACJS Outstanding Book Award, given by the Academy of Criminal Justice Sciences A major statement on the juvenile justice system by one of America’s leading experts The juvenile court lies at the intersection of youth policy and crime policy. Its institutional practices reflect our changing ideas about children and crime control. The Evolution of the Juvenile Court provides a sweeping overview of the American juvenile justice system’s development and change over the past century. Noted law professor and criminologist Barry C. Feld places special emphasis on changes over the last 25 years—the ascendance of get tough crime policies and the more recent Supreme Court recognition that “children are different.” Feld’s comprehensive historical analyses trace juvenile courts’ evolution though four periods—the original Progressive Era, the Due Process Revolution in the 1960s, the Get Tough Era of the 1980s and 1990s, and today’s Kids Are Different era. In each period, changes in the economy, cities, families, race and ethnicity, and politics have shaped juvenile courts’ policies and practices. Changes in juvenile courts’ ends and means—substance and procedure—reflect shifting notions of children’s culpability and competence. The Evolution of the Juvenile Court examines how conservative politicians used coded racial appeals to advocate get tough policies that equated children with adults and more recent Supreme Court decisions that draw on developmental psychology and neuroscience research to bolster its conclusions about youths’ reduced criminal responsibility and diminished competence. Feld draws on lessons from the past to envision a new, developmentally appropriate justice system for children. Ultimately, providing justice for children requires structural changes to reduce social and economic inequality—concentrated poverty in segregated urban areas—that disproportionately expose children of color to juvenile courts’ punitive policies. Historical, prescriptive, and analytical, The Evolution of the Juvenile Court evaluates the author’s past recommendations to abolish juvenile courts in light of this new evidence, and concludes that separate, but reformed, juvenile courts are necessary to protect children who commit crimes and facilitate their successful transition to adulthood.

Reforming Juvenile Justice

Reforming Juvenile Justice
Author: National Research Council
Publisher: National Academies Press
Total Pages: 463
Release: 2013-05-22
Genre: Law
ISBN: 0309278937

Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.

Gateway to Justice

Gateway to Justice
Author: Jennifer Ann Trost
Publisher: University of Georgia Press
Total Pages: 228
Release: 2005
Genre: History
ISBN: 9780820326719

The Juvenile Court of Memphis, founded in 1910, directed delinquent and dependent children into a variety of private charitable organizations and public correctional facilities. Drawing on the court's case files and other primary sources, Jennifer Trost explains the complex interactions between parents, children, and welfare officials in the urban South. Trost adds a personal dimension to her study by focusing on the people who appeared before the court-and not only on the legal specifics of their cases. Directed for thirty years by the charismatic and well-known chief judge Camille Kelley, the court was at once a traditional house of justice, a social services provider, an agent of state control, and a community-based mediator. Because the court saw boys and girls, blacks and whites, native Memphians and newly arrived residents with rural backgrounds, Trost is able to make subtle points about differences in these clients' experiences with the court. Those differences, she shows, were defined by the mix of Progressive and traditional attitudes that the involved parties held toward issues of class, race, and gender. Trost's insights are all the more valuable because the Memphis court had a large African American clientele. In addition, the court's jurisdiction extended beyond children engaged in criminal or otherwise unacceptable conduct to include those who suffered from neglect, abuse, or poverty. A work of legal history animated by questions more commonly posed by social historians, Gateway to Justice will engage anyone interested in how the early welfare state shaped, and was shaped by, tensions between public standards and private practices of parenting, sexuality, and race relations.

Mothers of All Children

Mothers of All Children
Author: Elizabeth Jane Clapp
Publisher: Penn State Press
Total Pages: 230
Release: 1998
Genre: Law
ISBN: 9780271017785

A history of the juvenile court movement in America, which focuses upon the central but neglected contribution of women reformers.The establishment of juvenile courts in cities across the United States was one of the earliest social welfare reforms of the Progressive Era. The first juvenile court law was passed in Illinois in 1899. Within a decade twenty-two other states had passed similar laws, based on the Illinois example. Mothers of All Children examines this movement, focusing especially on the role of women reformers and the importance of gender consciousness in influencing the shape of reform. Until recently historians have assumed that male reformers dominated many of the Progressive Era social reforms. Mothers of All Children goes beyond simply writing women back into the history of the juvenile court movement to reveal the complexity of their involvement. Some women operated within nineteenth-century ideals of motherhood and domesticity while others, trained in the social sciences and living in,the poor neighborhoods of America's cities, took a more pragmatic approach.Despite these differences, Clapp finds a common maternalist approach that distinguished women reformers from their male counterparts. Women were more willing to use the state to deal with wayward children, whereas men were more commonly involved as supporters of women reformers' initiatives rather than being themselves the initiators of reform.Firmly located in the context of recent scholarship on American women's history, Mothers of All Children has broad implications for American women's political history and the history of the welfare state.

The War on Kids

The War on Kids
Author: Cara H. Drinan
Publisher: Oxford University Press
Total Pages: 241
Release: 2018
Genre: Law
ISBN: 0190605553

Despite inventing the juvenile court a little more than a century ago, the United States has become an international outlier in its juvenile sentencing practices. The War on Kids explains how that happened and how policymakers can correct the course of juvenile justice today.

Juvenile Crime, Juvenile Justice

Juvenile Crime, Juvenile Justice
Author: Institute of Medicine
Publisher: National Academies Press
Total Pages: 405
Release: 2001-06-05
Genre: Law
ISBN: 0309172357

Even though youth crime rates have fallen since the mid-1990s, public fear and political rhetoric over the issue have heightened. The Columbine shootings and other sensational incidents add to the furor. Often overlooked are the underlying problems of child poverty, social disadvantage, and the pitfalls inherent to adolescent decisionmaking that contribute to youth crime. From a policy standpoint, adolescent offenders are caught in the crossfire between nurturance of youth and punishment of criminals, between rehabilitation and "get tough" pronouncements. In the midst of this emotional debate, the National Research Council's Panel on Juvenile Crime steps forward with an authoritative review of the best available data and analysis. Juvenile Crime, Juvenile Justice presents recommendations for addressing the many aspects of America's youth crime problem. This timely release discusses patterns and trends in crimes by children and adolescentsâ€"trends revealed by arrest data, victim reports, and other sources; youth crime within general crime; and race and sex disparities. The book explores desistanceâ€"the probability that delinquency or criminal activities decrease with ageâ€"and evaluates different approaches to predicting future crime rates. Why do young people turn to delinquency? Juvenile Crime, Juvenile Justice presents what we know and what we urgently need to find out about contributing factors, ranging from prenatal care, differences in temperament, and family influences to the role of peer relationships, the impact of the school policies toward delinquency, and the broader influences of the neighborhood and community. Equally important, this book examines a range of solutions: Prevention and intervention efforts directed to individuals, peer groups, and families, as well as day care-, school- and community-based initiatives. Intervention within the juvenile justice system. Role of the police. Processing and detention of youth offenders. Transferring youths to the adult judicial system. Residential placement of juveniles. The book includes background on the American juvenile court system, useful comparisons with the juvenile justice systems of other nations, and other important information for assessing this problem.

The Constitutional Rights of Children

The Constitutional Rights of Children
Author: David S. Tanenhaus
Publisher: University Press of Kansas
Total Pages: 192
Release: 2017-11-04
Genre: Law
ISBN: 0700625046

This new edition upon the 50th anniversary of In re Gault includes expanded coverage of the Roberts Court’s juvenile justice decisions including Miller v. Alabama; explains how disregard for children’s constitutional rights led to the “Kids for Cash” scandal in Pennsylvania; new legal developments in the Gault case; and, updates the bibliography and chronology. When fifteen-year-old Gerald Gault of Globe, Arizona, allegedly made an obscene phone call to a neighbor, he was arrested by the local police, tried in a proceeding that did not require his accuser’s testimony, and sentenced to six years in a juvenile “boot camp”—for an offense that would have cost an adult only two months. Even in a nation fed up with juvenile delinquency, that sentence seemed excessive and inspired a spirited defense on Gault’s behalf. Led by Norman Dorsen, the ACLU ultimately took Gault’s case to the Supreme Court and in 1967 won a landmark decision authored by Justice Abe Fortas. Widely celebrated as the most important children’s rights case of the twentieth century, In re Gault affirmed that children have some of the same rights as adults and formally incorporated the Fourteenth Amendment’s due process protections into the administration of the nation’s juvenile courts.

City of Courts

City of Courts
Author: Michael Willrich
Publisher: Cambridge University Press
Total Pages: 376
Release: 2003-03-17
Genre: History
ISBN: 9780521794039

This 2003 book looks at contesting concepts of crime, and social justice in nineteenth-century industrial America.