UNITED STATES - HISTORICAL BACKGROUND TO THE JUVENILE COURT - BEFORE 1900 (FROM JUVENILE JUSTICE IN BRITAIN AND THE UNITED STATES - THE BALANCE OF NEEDS AND RIGHTS, 1978, BY PHYLLIDA PARSLOE - SEE NCJ-49769)

• NCJ Number: 49771
• Author(s): P PARSLOE
• Date Published: 1978
• Length: 27 pages
• Corporate Author: Routledge and Kegan Paul Ltd
• Publication Format: Document
• Publication Type: Historical Overview
• Language: English
• Country: United States of America

Annotation

THE 19TH-CENTURY IDEAS AND INSTITUTIONS THAT GAVE RISE TO THE JUVENILE COURT MOVEMENT IN THE UNITED STATES ARE EXAMINED.

Abstract

DURING THE 19TH CENTURY, THE UNITED STATES FACED THE PROBLEM OF ADAPTING A SYSTEM OF LOCAL GOVERNMENT AND SOCIAL CONTROL BASED ON A STABLE, RURAL WAY OF LIFE, TO THE EXPLOSIVE URBAN SITUATION. UPPER AND MIDDLE CLASS URBAN RESIDENTS CAME FACE TO FACE WITH THE POOR. A HUMANITARIAN CONCERN FOR THE SUFFERING OF THE POOR WAS CLOSELY LINKED WITH A FEAR OF WHAT WOULD HAPPEN SHOULD THE POOR BECOME DESPERATE ENOUGH TO REVOLT. SUCH CONDITIONS SPURRED THE PLANNING AND CREATION OF A VARIETY OF SOCIAL SERVICES, INCLUDING PROVISIONS FOR CHILDREN IN TROUBLE. THE GROWTH OF CITIES DREW ATTENTION TO, AND TO A LARGE EXTENT CREATED, THE NEEDS AND THE THREAT OF CHILDREN IN TROUBLE. A REVIEW OF DEVELOPMENTS IN SOCIAL INSTITUTIONS DURING THE 19TH CENTURY -- HOUSES OF REFUGE AND REFORMATORIES, FOSTER HOMES, PROBATION FOR CHILDREN -- SUGGESTS THAT THE PROVISIONS MADE FOR TROUBLED AND TROUBLESOME CHILDREN RESULTED FROM THE GROWING INFLUENCE OF A WELFARE APPROACH TO THE HANDLING OF SUCH CHILDREN. HOWEVER, IT IS DIFFICULT TO DISTINGUISH BETWEEN A WELFARE APPROACH AND A CRIMINAL JUSTICE APPROACH IN 19TH-CENTURY ATTITUDES TOWARD YOUNG OFFENDERS. CONCERN FOR INDIVIDUALS AND DESIRE TO HELP THEM REACH THEIR POTENTIAL (FEATURES OF THE WELFARE APPROACH) LED TO THE SAME TREATMENT AS DID THE PHILOSOPHY OF CRIMINAL JUSTICE. THE HISTORY OF THE PROGRESS OF 19TH-CENTURY INSTITUTIONS CREATED TO IMPLEMENT A WELFARE APPROACH DEMONSTRATES HOW DIFFICULT IT IS TO PUT THE IDEALS ASSOCIATED WITH THAT APPROACH INTO PRACTICE. TOO OFTEN INSTITUTIONS FOR THE TREATMENT OF JUVENILE OFFENDERS COMBINED THE WORST OF CRIMINAL JUSTICE AND WELFARE APPROACHES TO MAKE WAREHOUSES OUT OF FACILITIES THAT WERE INTENDED TO PROMOTE GROWTH AND INDIVIDUAL CHANGE. ANOTHER DEVELOPMENT IN THE 19TH CENTURY WAS THE GROWTH OF THE IDEA THAT CHILDREN WERE NOT JUST ADULTS IN MINIATURE, BUT WERE A SPECIAL CLASS WHOSE PARTICULAR NEEDS SOCIETY HAD A RESPONSIBILITY TO MEET. THIS IDEA RESULTED IN THE PROVISION OF SPECIAL INSTITUTIONS FOR CHILDREN, BUT ALSO WAS RESPONSIBLE FOR A FAILURE TO DEVELOP SAFEGUARDS FOR CHILDREN'S RIGHTS. (LKM)