NCJ Number
51194
Date Published
1976
Length
33 pages
Annotation
HISTORICAL DEVELOPMENTS IN THE ESTABLISHMENT OF THE JUVENILE COURT SYSTEM ARE RECEIVED.
Abstract
THE JUVENILE COURT EMERGED AT A TIME WHEN THE CLASSICAL SCHOOL OF CRIMINOLOGY, PREOCCUPIED WITH THE PRINCIPLE OF LEGALTITY, PROCEDURAL JUSTICE, AND THE DIMINUTION OF JUDICIAL DISCRETION, WAS GIVING WAY TO THE POSITIVISTIC CONCENTRATION ON THE STUDY AND TREATMENT OF INDIVIDUAL OFFENDERS. IT WAS FOUNDED BEFORE EXTENSIVE GOVERNMENTAL INTERFERENCE IN THE LIVES OF CITIZENS BECAME COMMONPLACE. THE INFORMAL CHILDREN'S TRIBUNAL WAS MEANT TO TAKE THE CHILD OUT OF THE DESTRUCTIVE ADULT CRIMINAL PROCESS, AND IT ALSO REPRESENTED AN ATTEMPT TO MAKE THE STATE A BENEVOLENT SURROGATE PARENT TO MAXIMIZE THE EXPLOITATION OF THE CHILD WHILE OFFERING HIM MAXIMUM ASSISTANCE. CHILD-SAVING IDEOLOGIES FOCUSING ON CHILD WELFARE, PENAL REFORM AND PENAL THOUGHT, AND THEORIES OF CRIMINOLOGY WERE ALL IMPORTANT INFLUENCES IN THE ESTABLISHMENT OF THE JUVENILE COURT SYSTEM. THE REFORMATORY DEVELOPED AS A CORRECTIONAL INSTITUTION, PARTICULARLY IN NEW YORK, MASSACHUSETTS, AND ENGLAND. IN SPITE OF THESE VARIOUS EFFORTS, JUVENILE DELINQUENCY HAD NOT BEEN ABATED BY 1860. THE POSITIVISTIC PHILOSOPHY THAT PREOCCUPIED THE REFORMATORY MOVEMENT IN THE LATTER PART OF THE 19TH CENTURY GAVE LITTLE THOUGHT TO THE LEGAL STATUS OF THE JUVENILE. ORGANIZATIONS IN NEW YORK WERE PARTICULARLY INVOLVED IN THE MOVEMENT TO RECOGNIZE THE LEGAL RIGHTS OF JUVENILES. IMPROVEMENTS IN THIS REGARD WERE ALSO MADE IN MASSACHUSETTS AND THROUGH ENGLISH LAWS. ONE OF THE MOST OUTSPOKEN CRITICS OF ENGLISH PENOLOGY WAS TALLACK, WHO FELT THAT INSTITUTIONS REPRESENTED A WAY FOR PARENTS TO IGNORE THEIR RESPONSIBILITIES. BY THE END OF THE 19TH CENTURY, THERE WAS SERIOUS DISILLUSIONMENT WITH INSTITUTIONS. PROBATION FIRST RECEIVED OFFICIAL RECOGNITION IN MASSACHUSETTS IN 1878 AND A YEAR LATER, ENABLING LEGISLATION WAS PASSED IN ENGLAND. MANY DIFFERENT TYPES OF JUVENILE COURT WERE ESTABLISHED TO SERVE DIFFERENT PURPOSES. (DEP)