Investigating the Rights of Youths
Equal Justice?
Girls in the Juvenile Justice System
Source: Bernardine Dohrn, Schooling and
the Vexing Social Control of Girls, A Century of Juvenile
Justice, edited by Margaret K. Rosenheim et al. (Chicago:
Univ. of Chicago Press, 2002), 276-79.
When the Illinois legislature established the first juvenile
court in 1899, many reformers had already been focusing on the
condition of girls for a long time. Then (as now), girls' misbehaviors
were viewed and treated differently from those of boys in the
juvenile justice system. Measures taken to shelter girls as the
"weaker sex," on one hand, and biases against sexually experienced
("fallen") females, on the other, combined to make their confinements
both harsher and longer.
In the juvenile system, a status offense is a misbehavior
that is not criminal for adults, such as truancy, running away,
unruliness, and involvement in certain sexual acts or associations.
By contrast, delinquent behavior includes what for adults
are crimes, from larceny (shoplifting) to very serious charges
such as burglary, assault, and manslaughter.
In the early 1900s, state authorities used status offense categories
to "protect girls." For example, if a juvenile female forced into
prostitution was brought to the authorities for safety and shelter,
the early Chicago juvenile court might have given her the same
treatment as a juvenile convicted of theft by removing her from
the jail where she was being detained and committing her to an
institution for a lengthy confinementunder conditions that
were often brutal. The Industrial School for Girls in Evanston,
Ill., was such a "haven"quite similar to the Geneva Reformatory
for Girls where delinquent females were confined.
In the juvenile court's first eight years, almost half the girls
ended up being returned to court, compared with only one-fifth
of the boys. In 1910, 81 percent of girls were brought to juvenile
court either because their "virtue" was "lost" or "in peril."
Girls were subjected to pelvic examinations to see whether they
had been sexually active or carried a venereal disease. The "morally
contaminated" were often isolated from the "innocent," and it
was not uncommon for girls to be sexually exploited when being
held in the jails and institutions that were supposed to be protecting
them.
Ironically, the status offenses and delinquent behaviors of girls
brought before juvenile court have proportionately always been
of a less-serious nature than those of boys, and they have commonly
involved sexually related and gender-specific behaviors such as
truancy because of pregnancy or family problems, dating an older
male, running away to avoid sexual abuse, and prostitution. In
1995, almost 25 percent of girls' arrests involved status offenses,
compared with less than 10 percent for boys. Another 25 percent
of girls were charged with shoplifting. When girls in foster care
or group-home placements run away, they can be classified as delinquent
and incarcerated rather than identified as foster children in
the care of special programs or status offenders who cannot be
incarcerated.
Additionally, race and economic status have always been factors
in the treatment of girls. In 1914 and 1916 in Illinois, the first
two "Mary Clubs" were opened for girls who could not return to
their parents' homes but wanted to resist commitment to a state
institution. They were for white girls only. A Mary Club for girls
of color was not opened until 1921. Today, more than half the
population in private facilities for girls are white.
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