NCJ Number
105816
Date Published
1986
Length
12 pages
Annotation
This historical review of juvenile justice reforms in the United States begins with the opening of the New York House of Refuge in 1825 and ends with the proposed 1985 Minnesota Code for Children and Youth, which emphasizes juvenile due process rights.
Abstract
The New York House of Refuge -- established by Quakers to provide food, shelter, and education for needy children and an alternative to adult prison for juvenile offenders -- evolved into the principal disposition of the courts for troublesome, at-risk, and delinquent youth, based on the parens patriae doctrine of state control over juveniles. Court dispositions were often preventive, based on predictions stemming from prevalent notions of crime causality (poverty and social deprivation). By the early 19th century, reformers viewed houses of refuge as repressive and punitive institutions for children of the poor. By the 1850's the focus of juvenile corrections was the reform school, which was designed to provide an atmosphere of family life, in contrast to religion and education in houses of refuge. The use of foster homes was also popular in this period. The establishment of separate juvenile court systems beginning in 1899 marked an effort to provide distinctive processing of juveniles under parens patriae concerns. In the first half of the 20th century, the juvenile courts focused on the application of popular therapies and rehabilitative principles to the diagnosed needs of juveniles coming before the courts. In the U.S. Supreme Court's landmark decision In re Gault (1967), the abuses of juvenile court discretion were exposed, and an emphasis on juvenile due process rights emerged. This, coupled with disillusionment with rehabilitative efforts, has produced the current emphasis on juvenile processing rights and accountability for offenses committed. 28 footnotes.