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The Evolution of the Juvenile Justice System
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16962 |
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Section : |
MODERN THOUGHT
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| Issue
Date : |
4 / 1990 |
6,647 Words |
| Author
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Barry Krisberg
Barry Krisberg is president of the National Council on Crime
and Delinquency. He has written extensively on the subject of
juvenile delinquency. |
In part, perhaps, due to sensational accounts of youth crime which have been highlighted by the media in recent years, a public sentiment that is less than sympathetic to young offenders has become prevalent. Yet, many of the juveniles caught in the wave of "get tough" legislation and calls for sterner measures against young criminals may be losing the opportunity to redeem their lives and their futures. The juvenile justice system has evolved into a system quite removed from the original purpose for which it was conceived - the protection of young people from unwarranted punishment. In what follows, three revolutions in the history of the juvenile justice system will be described, showing how the gap between theory and reality emerged.
The first revolution in juvenile justice culminated in the creation of the juvenile court. As early as 1817, the founding for the Society for the Prevention for Pauperism began a new ere in the care of troubled youngsters. This group, which in 1824 was renamed the Society for the Reformation of Juvenile Delinquents, consisted of philanthropists who were committed to religious charity in a secular world. These reformers were philosophically close to the Federalists in that they rejected the concept of popular democracy and viewed themselves as the moral stewards of their community. The Society for the Prevention of pauperism conducted investigations into methods of dealing with the poor and ultimately recommended changes in policy and legislation. It led campaigns against the corruption influences of taverns and theatres. Of special importance was its focus on the linkages between poverty and delinquency.
These early reformers, like those of later generations, decried the housing of children in adult jails. The Society's members believed that harsh jail conditions did not result in the rehabilitation of delinquents. In fact, many of them feared the deplorable jail conditions led juries and judges to acquit young criminals rather than send them to these places. Fundamentally, these early reformers believed that the available penal institutions could not solve the underlying problems of pauperism. They envisioned a special prison for wayward youth that would emphasize education, industry and moral training. The first of these youth prisons, the New York City House of Refuge, was opened in 1825. Within a few years the houses of refuge were established in Philadelphia, Boston and other major cities, and accepted children convicted of crimes as well as destitute youth. These new facilities were preventive institutions designed to accept the children of unfit parents. This new concept immediately brought judicial review to define the limits of the hoses of refuge to
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