Juvenile Justice

History

1. The first juvenile court was established by the Illinois Juvenile Court Act of 1899. Prior to this, children and adults were tried in the same courts, under the same laws, sentenced to the same prisons, and, in certain cases, sent to the same gallows.
2. This first juvenile court was founded to promote recovery and rehabilitation while also holding children accountable for their actions. By 1915, forty-six states, three territories, and the District of Columbia had established juvenile courts.

The Supreme Court Speaks

3. The Supreme Court’s decision in In re Gault, 387 U.S. 1 (1967) required juvenile courts to provide suspects with certain procedural safeguards, among them:

• notice
• a hearing
• the right to counsel
• the right to confront and cross-examine witnesses, and
• the privilege against self-incrimination.

Some observers argue that these “safeguards” have caused hearings to center on the proof of legal guilt as opposed to addressing the social welfare of youth. In addition, according to some critics they provide for the imposition of more punitive, harsher sentences-often disproportionately falling on minority offenders.

4. In 1971, the Supreme Court ruled that juveniles do not have the right to trial by jury in delinquency proceedings (McKeiver v. Pennsylvania, 403 U.S. 528). The ruling underscored the belief that juvenile courts are supposed to treat juveniles, emphasizing rehabilitative measures, as opposed to punishing them. Yet, today, with a juvenile court system focused increasingly on punishment rather than rehabilitation, the lack of procedural rights is an important issue, and critics argue that juveniles are being denied both justice and protective services.

Current Issues

5. While some politicians argue that juveniles are just as responsible as adults for their crimes and should face parallel sentences, most laws reflect the understanding that juveniles are not adults and do not have similar levels of maturity or judgment-two factors that suggest it is unfair to hold children to the same standards as adults.

6. Many critics of the juvenile justice system question whether juveniles are being represented adequately. More than two-thirds of public defenders feel that caseload pressures prohibit them from effectively defending their juvenile clients, and most public defender offices do not have a caseload cap. In some cases, juveniles meet their attorneys for the very first time at their detention hearing.

7. Presently, all fifty states have some type of transfer mechanism that allows youths to be transferred from juvenile court to the criminal court system. These mechanisms are being used in a great number of cases. Research in Florida and New York suggests that juveniles tried as adults are more prone to commit further, more serious offenses as compared with those juveniles whose comparable offenses were addressed in juvenile court.

8. Youth courts—courts in which trained youth volunteers hold their peers accountable for minor offenses—are a growing trend. Many youth court models exist, and some programs are more formally linked to the juvenile justice system than others. Most youth courts are sentencing courts, after guilt has been admitted. Handing down typical sentences of community service, restitution, and apologies, many youth courts also require offenders to serve as jurors for on the court, teaching them the importance of community service and involvement, conflict resolution, and accountability.

Discussion Questions

• If a violation is alleged at school-for example, a student is said to have brought a weapon to school-should the juvenile be tried in a school-based youth court or should the case be automatically turned over to the juvenile justice system?
• Are there certain crimes or certain circumstances-for example, a certain number of offenses committed-at which a juvenile should “graduate” to the adult criminal justice system?
• Do certain crimes put individuals beyond rehabilitation?
• In the case of murder, should the death penalty be applicable to juveniles?
• Should parents be held accountable for children’s actions?
• Should juvenile arrest records be “erased” and offenders given a clean slate at age 21?

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