4. the origins of california’s juvenile justice system updated

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CJCJ's Executive Director Daniel Macallair, is a practitioner-in-residence at San Francisco State University (SFSU)'s Department of Criminal Justice Studies. These slides are from his Intervention Policies in Juvenile Justice course materials.

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4. the origins of california’s juvenile justice system updated

  1. 1. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 941031850 - 1894The Origins of California’sJuvenile Justice System
  2. 2. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103Californiabecomesthe 31stState1850
  3. 3. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103• Arrival of the gold seeking“49ers” increases SanFrancisco‟s population from459 in 1847 to 56,802 by 1860.• San Francisco quicklybecomes largest American cityWest of the Mississippi River• Lawlessness and disorderconsume the City• Committees of Vigilanceestablished in 1852 and 1856by civic leaders to restore lawand orderThe Impact of the Gold Rush
  4. 4. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103• San Francisco leaderslook to the East Coastcities for solutions togrowing population ofvagrant and destitutechildren• 1852 San FranciscoBoard of Supervisorsdesignate plot of landlocated in city‟s southernsector for future House ofRefugeHouse of Refuge MovementComes to California
  5. 5. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103“We should remember that those little boys whom wesee wandering about the streets ragged and dirty,spending the day time in watching opportunities for theft,and at night coiling themselves up in barrels, or amongbales and boxes upon the wharves; it should recollected,we say, that those drinking, swearing, loafing children,most of them, become so from the force ofcircumstances, and that society at large is, to a greatextent, responsible to itself for the amount of evil theymay do in the future, as well as morally responsible tothe children themselves (SF Chronicle 1856).”The Problem of Vagrant and DestituteChildren in Gold Rush San Francisco
  6. 6. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103• California legislature creates first institution on the WestCoast for neglected and delinquent youths.• Industrial School‟s purpose was “…the detention,management, reformation, education, and maintenanceof such children as shall be committed or surrenderedthereto…Industrial School Act of 1858
  7. 7. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103Indeed, such an institution is absolutely indispensable at San Francisco. Ourneed for it is greater even, than that of more populous cities elsewhere; and forvery obvious reasons. The journey to California from the Atlantic States andfrom Europe is long arduous. Many families arrive here sick and destitute, andin their struggles with poverty and disease, their children are utterly neglectedand left to shift for themselves. The sequel is soon told. They ramble throughthe streets, fall into bad company, and quickly become thieves and vagabonds.Another reason is to be found in the fact that so many families have nopermanent homes, but live at boarding houses, hotels, or in some temporarymanner, by means of which wholesome home influences are destroyed orimpaired, and the children are almost withdrawn for the parental authority….There is but one remedy for these evils. The offenders must be withdrawn fromevil associations. They must be restrained from all vicious indulgences, and, byconsiderate kindness, must be weaned from their ill practices. They must betaught to labor, and must be elevated in their own esteem…We have only to follow the example of New York, and Pennsylvania, andMassachusetts, and Missouri, and the result will not be doubtful.Colonel J.B. Crockett delivers the Industrial School’sInaugural Address
  8. 8. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103San Francisco Industrial SchoolCirca 1910
  9. 9. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103The Children of the Industrial School
  10. 10. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103Robert Durrkin (left) and JohnEllich: Faces of the IndustrialSchoolRobert Durkin was thefirst youth committed tothe SF Industrial Schoolupon its opening in1859
  11. 11. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103Bob Durkin alias Frank Russell alias John Reed No.15252 was the first prisoner sent to the IndustrialSchool in this city in the early days. Then on Feb 16th1865 he was sent to San Quentin from SacramentoCounty for burglary. On June 21 1869 he was againsent over to S.Q. from El Dorado Co. for 3 years. July25th 1874 he broke jail in this city amd [sic] wasafterwards captured and sent to S.Q. for 2 years forbreaking and injuring jail. Jan 29th 1877 was sent overto S.Q. from Butte County for 5 years Burglary.Fenruary [sic] 21st 1893 was sent again to S.Q. for 7years from Kern County for Burglary. After coming outhe was picked up at San Jose in 1897 and charged withVagrancy and sent to jail there from whence he madehis escape but was latter [sic] picked up and served outhis time.Bob Durkin in later years
  12. 12. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103James Nanny (committed to the Industrial School for burglary in 1882 andagain in 1884 – later spent time in San Quentin and Folsom – last recordedarrest was in 1919 for burglary)
  13. 13. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 941031863Industrial School Expands
  14. 14. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103San Francisco Industrial School (following construction ofthe second wing c1863)
  15. 15. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103• At 5 1/2 oclock, A.M., they are called up, and from that time tohalf past six they are preparing for breakfast; immediatelyafter that meal is over, they are taken out to work - not lightmechanical business, forsooth, but to use a pick and shovel ingrading the hill at the back of the building; such labor that isnot only much too heavy for their strength, but in which acouple of Irishmen would do more in half a day than the entirecorps of twenty-two boys, (the present number in thisinstitution,) could perform in a whole week. At noon, dinner isserved up; from one oclock to half past two, they areemployed at picking and shoveling, same as in the morning;at three oclock they go to school until half past five; supper isgiven at six; at seven oclock they again go to school until halfpast eight; and at nine they are sent to bed.Life in the Industrial SchoolDaily Routine
  16. 16. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103This strict regimen and prison-like configuration led localobservers to question the veracity of school proponent‟sclaims:– after passing into the sleeping quarters of the boys, andlooking at the iron-barred windows, and the little brick cellswith small iron gratings in the doors, the first impressionwas, „this is more like a prison than an Industrial School.‟ Itis true that several of the youthful inmates have sought tomake their little cells as inviting as possible by pastingengravings from illustrated papers on the wall – and eventhese, on the morning of the day of our visit, some crustyand self-important personage of the old fogy schoolrequested that “them things” should be “torn down.”Commentary on the Industrial School
  17. 17. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103“How is it possible that, with such a routine of daily employment, they canpossibly be improved in morals, and which is the great and laudable aim ofthe founders of the institution? There is no gymnasium; no workshop; nosuitable play-ground, so that now they are all huddled together in thebasement story, in front of their cells, during the little time allowed them forleisure. Indeed they are made to feel by far too much that they are juvenileprisoners, rather than boys and girls who are placed there by a generouspublic, for their physical, mental, and moral improvement… How is it possiblethat, with such a routine of daily employment, they can possibly be improvedin morals, and which is the great and laudable aim of the founders of theinstitution? There is no gymnasium; no workshop; no suitable play-ground,so that now they are all huddled together in the basement story, in front oftheir cells, during the little time allowed them for leisure. Indeed they aremade to feel by far too much that they are juvenile prisoners, rather thanboys and girls who are placed there by a generous public, for their physical,mental, and moral improvement…”Commentary on the Industrial SchoolVisitor Impressions
  18. 18. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103Between the jaws of each a stout, short stick, three-fourths of aninch in diameter, was forced back to the throat and held in place bycords tied around the neck. This gagged them. Then they weredoubled up in front of their knees as they sat, knees up, arms down.Over their arms and under knees was placed a stout stick, and theirhands, brought up in front of their knees, were manacled securely.Thus each was “bucked.” A person “bucked and gagged” must sitdoubled up or roll over on his side. In either position, the pain after ashort time is almost indescribable. The offenders thus fixed, wereleft for the night. One of them was obliged to endure his torture; theother, in his desperation which his agony produced, broke the stickand wrenched from his wrist the strong steel manacles. Yesterdaythey were still in the cells Reform Schools – (The Indus. Sch. of this City – Faults ofDiscipline, THE DAILY BULLETIN, July 14, 1869, at 1).Faults of Discipline:Industrial School Punishments
  19. 19. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103During the 1868 investigation a delegation conducting an inspectionof the isolation cells discovered five boys, whose ages ranged fromfifteen to nineteen, “shut up in close, dark, damp cells, with nothingto sleep on but the asphaltum floor.” The cell doors were covered toprevent any light from penetrating and inmates were maintained ona diet of bread and water. The following is an account of theincident:“The door was opened and there lay a boy with his face down anarrow crack, where he had been stealing a ray or two of sunlight.The boy was brought out a living skeleton, his face was blanched,he reeled, and blinked his eyes like a bat in the sunshine. He hadbeen in the cell two weeks for running away, but the Grand Jurorsdeclared their opinion that a week‟s confinement in that hole of utterdarkness and breathing stench would make an idiot of an adult.”(THE DAILY DRAMATIC CHRONICLE, 1-3).Grand Jury Investigation of 1868
  20. 20. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103• Girls were initiallycomingled with boysand housed on one floorof the Industrial School• Girls comprised asmaller percentage ofthe Industrial Schoolpopulation• Industrial School girlswere consigned todomestic choresGirls and Juvenile Justice in EarlyCalifornia
  21. 21. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103• A Catholic institution established in 1868 by the Sisters ofMercy• In 1869 the San Francisco Board of Supervisors authorizingcontract with the Sisters of Mercy to house the IndustrialSchool girls in the Magdalen Asylum• After 1869, girls continued to be committed to the IndustrialSchool but housed in the Magdalen AsylumMagdalen Asylum
  22. 22. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 941031884 REASON FOR COMMITMENTBoys GirlsLeading an idle and dissolute life 40 38Petit larceny 38 1Misdemeanor, vulgar language, drunkenness, etc 15 13Surrendered by parents and guardians asunmanageable1 16Malicious mischief 3 0Attempt to pick pockets 1 0Total 98 68Girls were committed for less serious charges than boys
  23. 23. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103• Congregate training school design• Days split between work and school (6:00 am- 9:00pm)• Meals served in long tables seating 60 girls eachLife in the Magdalen Asylum
  24. 24. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103• In 1906 the MagdalenAsylum moved to PotreroStreet and was renamedSaint Catherine TrainingSchool.• It remained the primarySan Francisco institutionfor wayward girls until1934Magdalen Asylum becomes the SaintCatherine’s Training School
  25. 25. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103• Under San Francisco‟sMunicipal Corporation Act,Police Courts were the primarydeterminers of IndustrialSchool Commitments.• The statute provided greaterdiscretion to police judges innon-delinquent matters.• Youths who committed felonieswere sent to adult jails.Police Courts and Juvenile Justice
  26. 26. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103As a result of anti-Chinesesentiment in the 1860s agrowing number of Chineseyouth in San Francisco weretargeted by law enforcementand committed to theIndustrial School.Chinese youth and the Industrial School
  27. 27. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103It is obvious that these provisions of the Constitution have noapplication whatever to the case of this minor child. . . .The purpose in view is not punishment for offenses done,but reformation and training of the child to habits ofindustry, with a view to his future usefulness when he shallhave been reclaimed to society, or shall have attained hismajority. . . . The restraint imposed upon him by publicauthority is in its nature and purpose the same which underother conditions, is habitually imposed by parents,guardians of the person and other exercising supervisionand control over the conduct of those who are by reason ofinfancy, lunacy, or otherwise, incapable of properlycontrolling themselves.Ex Parte Au Peen: Challenging theIndustrial Schools Constitutionality (1876)
  28. 28. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103Parens Patriae and Child Saving inSan Francisco
  29. 29. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103• Housed for six months “tofit each for an honest anduseful future by theimplanting of decentpersonal habits, bettertastes and more wholesomeinclinations.”• Placed in family homesthroughout CaliforniaSF Boys and Girls Aid Society and Placing Out
  30. 30. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103• The children were housed by the society for an averageof six weeks in a facility donated by Charles Crocker.During this phase the society endeavored “to fit each foran honest and useful future by the implanting of decentpersonal habits, better tastes and more wholesomeinclinations.”• At the end of six weeks a placement in a family homewas sought. Most of these homes were located far fromSan Francisco in surrounding rural counties includingContra Costa, Alameda, Fresno, San Joaquin, Tulare,and Merced. Once placed, an agent visited the childrenthree times a year.SF Boys and Girls Aid Society and Placing Out
  31. 31. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103In applauding passage of the act, San Francisco Boys an GirlsAid Society Superintendent Dooley noted:In connection with this class I might speak of onething that has been accomplished by the society toprevent the incarceration of delinquent juveniles, whohave not passed the reformation period in theIndustrial School and jail. This was securing thepassage in 1882 of section 1388 of the Penal Code,providing for the probationary treatment of thesejuveniles. Prior to the passage of that act thesechildren could only be kept in jail and sent to the StatePrisonCalifornia’s First Probation Law: An Alternativeto the Industrial School (1883)
  32. 32. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103San Franciscoand the USSJamestownIndenturingDelinquents toMerchant Ships
  33. 33. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103In 1875 the case reached the California SupremeCourt, where it was determined that the city had no authorityto accept the vessel because the state law was in clearconflict with the federal statute that proscribed the use of theship as a penal institution or place of punishment.Specifically, the court determined that the U.S.S. Jamestowncould not be affiliated with the Industrial School, because itwas mandated as a training program and the Industrial Schoolwas a place of punishment. This ruling occurred one yearprior to the Ex Parte Au Peen decision, where the court tookthe opposite view of the Industrial School.Glass v. Ashbury
  34. 34. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103I know that many of our inmates after leaving our carefall into former bad habits. But this cannot be chargedagainst the institution. They nearly all come from evilassociations or wretched localities, and whenreleased is it to be wondered at that they should, inmany cases, resume their former associations andbecome part of the people by whom they aresurrounded. Industrial School Superintendent M.A. SmithThe Industrial School’sFinal Years
  35. 35. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103The Industrial School Committee submitted an elaborate reportat the meeting of the Board of Supervisors, announcing thepractical abolishment of that institution…The report contained a brief history of the institution since itsfounding the most significant part of which that since 1872 ithad cost the city considerably more than a million dollars, andutterly failed to accomplish the objects for which it wasestablished. The judicial department long since denounced itas a “nursery of crime. (Wiped Out at Last. The Indus. Sch.Has Passed Into History, S.F. MORNING CALL, Nov. 24,1891).”Wiped out at Last

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