Children and The Law

Over the past several hundred years the juvenile system has continued to evolve and still continues to till this day. With a look at what works and what does not work the overall goal is to keep improving the system so delinquency rates will decrease more and more. What is the history of the system? Throughout the course we have learned about the juvenile justice system as a whole, but most importantly we have learned how it came to be what it is today. As mentioned, dating all the way back to the 1600’s delinquency was a coined term in which juveniles went against the laws and committed criminal acts. Over the past four hundred years there have been five main stages in the American justice system which has led us to where we currently stand with the juvenile justice system today.

Children were placed into these houses by the court and were usually kept in them until they reached maturity. These institutions would house delinquent, neglected, and dependent children in hopes that they could learn a better life and not turn into future criminals. However, a lot of the houses of refuge were very similar to prisons as they practiced harsh disciplines such as whippings and solitary confinement. Between 1859 and 1890 reform schools replaced houses of refuge which were institutions that would discipline delinquents through a “home-like” environment. Additionally, foster homes started coming into play as society hoped to put neglected and delinquent children in them. Platt then moved onto discuss more on the Child Saving Movement in Chicago, Illinois. Child Saving highlighted how important it was to get juveniles out of jails and separated from adults.

Juveniles who committed crimes were sent to court in which the court decided if the child should be sent to a reform school that the child savers established. The reform schools were supposed to be “home-like” and focused on the fact that delinquents and dependents could be rehabilitated through the portrayal of a nurturing setting. The third stage of the system was the Juvenile Court Period (1899-1960) which happened at the beginning of the Progressive Era. It was also established during this time by the President’s Commission. (Hess 47). With that juveniles were not wanted to be institutionalized, but instead separated from adult facilities and treated in home-like environments when possible. The government really wanted to get rid of the criminal label and stigma as it might negatively impact a child’s future as they are labeled criminal.

Lastly, the fifth stage, which we are in now, is called the Crime Control Era (1980-present) in which the justice model is used with juvenile delinquents. We have tried many strategies and only trial and error can lead to the understanding of their overall viability. Treatment has been favored such as the beginning of the system as it works the best, and “get-tough” approaches come in second place but are not as effective. It will be interesting to see where the system takes us in the next several decades as the nation stays dramatically changing. It is important to realize that the children of today are our future and doing whatever we can to create successful futures for them is vital.