CRM/LAW C109 Chapter Notes - Chapter 13: Parens Patriae, Juvenile Court, Child Neglect
16 Jun 2018
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Chapter 13: Juvenile Justice - Then and Now
I. Juvenile justice in 19th century - urbanization, child saving movement and growing
interest in concept of parens patriae, and development of institutions for care of
delinquent and neglected children led to reforms and eventual development of juvenile
justice system
A. Urbanization
1. First half of 19th century, rapid population growth due to increase of
birthrate and expanding immigration
2. Urbanization gave rise to increased numbers of young people at risk, who
overwhelmed the existing system of work and training.
a) Thus, poorhouses & workhouses developed
3. Work was centered at factories not home. Because of this, children left
home or cast loose to make the best they could & wealthy families
couldn’t accept more youth for servants
4. Poverty became an issue
5. Urbanization and industrialization generated belief that certain segments
of population were susceptible to influences of decaying environment
B. Child saving movement
1. Society for Prevention of Pauperism - concerned that moral training of
children of the dangerous classes was inadequate
2. Focus on extending government control over youthful activities
3. “Child savers” - poor children become financial burden and they become
a threat to society
a) Commit children who ran away or criminal offenders to specialized
institutions
C. House of refuge
1. Product of society reform efforts
2. Kids sent there because of vagrancy and petty crimes and were
sentences indefinitely until adulthood
3. Most of time devoted to supervised labor, which supported operating
expenses
4. Refuge movement spreads
a) Majority admitted were status offenders placed by court order
b) Run like a prison
D. Were they really child savers
1. They were concerned citizens motivated by humanitarian ideals
2. Or, representative of ruling class who were galvanized by immigrants and
urban poor to take action to preserve their own way of life
3. They were motivated by self interest
E. Development of juvenile institutions
1. Reform schools created that would house delinquent youths instead of
sent to prison
2. Children spent time working, learning a trade, and basic education
Document Summary
Chapter 13: juvenile justice - then and now. 3. mistreated girls would become sexually promiscuous women. Influenced state legislatures o pass statutes protecting children from parents who did not provide them with food and clothing. Juvenile justice today: jurisdiction in delinquents and status offenders, some omit serious violent offenses, juvenile justice process, police investigation, when youth commit crimes, police investigate and decide whether to release youth or commit them to juvenile court, detention. If they deny charges an adjudicatory hearing trial is scheduled: adjudication, hearing is held to determine facts about case, offender entitled to many procedural guarantees like adult offenders, disposition. Inteveniton: design to ward off involvement in more serious delinquency, big brothers big sisters program, graduated. Immediate sanctions for nonviolent offenders; such as probation and electronic monitoring, secure institutional care: limit restrictive sanctions to most dangerous offenders while increasing restrictions and intensity of treatment for minor offenders.
