5. the early juvenile court

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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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5. the early juvenile court

  1. 1. Characteristics of 19th Century Child Saving• Founded on belief that human behavior resulted from free will• Parents and environment led children astray• Structure and discipline was primary means of forcing conformity• Heaving emphasis on religious virtue 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  2. 2. Contribution of 19th Century Child Savers• Laid the structural foundation for today‟s child welfare and juvenile justice systems• Promoted legislation that improved social conditions for children• Promoted an expanded definition of childhood 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  3. 3. Major Developments of the Late 19th and Early 20th Century• Juvenile Court Movement• Social Work Movement• Science of Psychology• Mental Hygiene Movement 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  4. 4. Legal Foundation of the Juvenile Court• Parens Patriae• In loco parentis• Limited criminal responsibility• Best interest of the child• Individualized justice 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  5. 5. Early Advocates• Lucy Flower• Julia Lathrop• Jane Adams• Judge Julian Mack• Judge Benjamin Lindsey 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  6. 6. 40 Boardman Place www.cjcj.orgSan Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  7. 7. Goals of juvenile court advocates• Remove children form adult jails and prisons• Control children‟s behavior outside of the criminal court• Avoid the obstacles of due process protections by establishing a civil process 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  8. 8. First Juvenile CourtAN ACT TO REGULATE THE TREATMENT ANDCONTROL OF DEPENDENT, NEGLECTED AND DELINQUENT CHILDREN (ILLINOIS LEGISLATURE 1899) 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  9. 9. Characertistics of a Juvenile Court Proceeding• Informal hearing• Absence of due process• Judge as parental figure• Probation officer as neutral agent 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  10. 10. JUDGE BENJAMIN LINDSEY• Appointed to the County Court Bench in Denver.• Active from 1901-1927.• No prior experience with Juveniles.• Required them to go to reform school.• Those who had problems in the reform schools, Lindsey found a statue that allowed courts to classify children as „Juvenile Disorderly Persons.‟• 1903, Lindsey created an act known as the Colorado Juvenile Court Statute: have jurisdiction over adults who contributed to delinquency of minors.• Also allowed the courts to put youths between ages of 16-21 on same probation terms as children.• He became personally involved with the juvenile, attempting to reform every children who went through his court. 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  11. 11. METHODS OF JUDGE LINDSEY• His method was different where the boys that went through his court were considered “his boys.”• Believed that every children is good but is on the wrong path.• Strengthen the children beliefs by making all supports and encouragements available.• Rehabilitation was everything.• Saw the court as a “chamber that victimized children.”• He discharged social responsibility for children who has been in the house of refuge. 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  12. 12. Elements of the Juvenile Court• Courts• Child Guidance clinics• Probation case work services• Detention Facilities 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  13. 13. Constitutionality of the Juvenile Court• Commonwealth v Fisher (1905) 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  14. 14. The Juvenile Court Movement• By 1920 all but three states had juvenile courts and by 1945 all states had juvenile courts 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  15. 15. Elements of the Juvenile Court• Courts• Child Guidance clinics• Probation case work services• Detention Facilities 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  16. 16. Child Guidance ClinicGrew out of two social movements:• Mental Hygiene Movement• Psychology/Social Work Movement 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  17. 17. Heredity Feeblemindedness and Delinquency• Richard Dugdale & the Jukes heredity• Henry Goddard & the Kallikaks• IQ Tests• 15% -50% of criminals feebleminded• Sterilization• 1899 first sterilization performed at Indiana reformatory• California Bureau of Juvenile Research (1937) 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  18. 18. Crime and the Feebleminded• Not inherently criminal• More susceptible to suggestion and bad influences• Easier to place on the path to a law abiding lifestyle than the normal functioning 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  19. 19. Eugenics• A social philosophy which advocates the improvement of human hereditary traits through social intervention. The goals have variously been to create more healthy, intelligent people, save society resources, and lessen human suffering. 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  20. 20. Child-Guidance Clinic• A child-guidance clinic is defined as a co- ordinated attempt to the study and treatment of personality and conduct disorders of children and youth, using the art of psychiatrist, psychologist, or psychometrist, and the social worker. 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  21. 21. Child-Guidance Clinic• Dr. William Healy• Juvenile Psychopathic Institute• Embraced medical and psychological techniques• Diagnostic summaries & prognoses 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013

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