NCJ Number
74708
Date Published
1980
Length
16 pages
Annotation
The development of the juvenile justice system in the United States is traced, the effect of historical events on modern policy is illustrated, and suggestions are given for revising the function of juvenile courts.
Abstract
Judicial system jurisdiction over children is based in the application of the doctrine of parens patriae to the affairs of children in cases where guardianship or inheritance were at issue. This rationale was expanded early in the 19th century to include court protection of children from parents who were determined to be inadequate. As the 19th century progressed, court involvement was expanded still further to include treatment of children who were adjudged delinquent by referring them to reformatories for remediation. Commitment was usually made without regard to children's rights; this brought the courts into the role of evaluating family life to determine the best interests of the child. At this juncture the juvenile court and formal juvenile codes developed. The juvenile court system proved satisfactory in dealing with mildly delinquent juveniles who required the weight of formal authority to cause them to mend their ways; however, it has been successful in cases involving more serious cases of delinquency. These cases are often referred to custodial institutions thus violating the concept of parens patriae. Social service treatment has been largely ineffective with serious criminal offenders. The juvenile courts system should be reformed to include parens patriae in cases where children need protection and the use of an adversarial system in cases involving seriously delinquent children. Juvenile justice system planners should utilize an historical perspective in analyzing today's juvenile justice system. Notes which include references are included.