JJuvenile Justice System in America, Juvenile Justice System in California , Juvenile Justice System of California, Juvenile Courts, Juvenile Justice System
History of Juvenile Justice System in America
Juvenile justice system in America might seem a little complicated to an ordinary American. However, it is important to understand where the law originated and when. Juvenile justice system emphasizes on ensuring that minor children below 18 years of age are protected from the criminal justice system as their brain development is yet not complete.
Juvenile Justice System Chronology of Facts
It all began with the setting up of the New York House of Refuge to address child poverty. The institution was set up to detain and house the poor, vagrant youth believed to be more prone to delinquency. The purpose was to provide such youth with opportunities in education and religious training. Eventually, the growth of houses of refuge kindled the need to set up juvenile justice system in America.
The first juvenile court came up in 1899 in Cook County, Illinois, following an influx of immigrants to the country with masses of indigent children wandering the streets. This section of youth was seen to be highly vulnerable to criminal activity. Initially, children convicted of crime were treated as the same as adult criminals. However, it was emphasized that children could not be treated on a par with adults due to their incomplete mental developmental.
Therefore, the law was enacted to separate the justice system for juveniles in America. The focus was to teach juveniles such skills that could help them make meaningful contributions to society and divert their mind from criminal acts.
Parens Patriae Philosophy
The first juvenile justice courts believed in the philosophy of parens patriae. This emphasized the role of the state in reforming a juvenile, giving it the right to act as a parent. As a result, juvenile courts were granted the power to intervene in the best interests of minors indicted of criminal activity.
By the 1950s and 1960s, there was a public outcry with regard to the disparity of treatment and effectiveness of the juvenile justice system. During this period, the Supreme Court formalized juvenile courts. The court also emphasized on strengthening due process protections for the young criminals. This includes formal hearings in situations where the youth faced a period of long-term confinement.
In 1966, the Supreme Court mandates the need for a judicial hearing in cases of transfer of a young criminal to the adult court.
In 1967, another ruling by the Supreme Court entitles juvenile offenders to the same due process as adult convicts.
In 1970, the burden of proof is increased in juvenile cases to “beyond a reasonable doubt.”
In 1971, the Supreme Court forbids the trial of youth by the jury in a juvenile proceeding.
In the late 1980s, punitive laws were passed by several states to amend the juvenile justice system and introduce tougher laws. In the 1990s, tougher laws were enacted to make the transfer of youth offenders easier to the criminal justice system. However, efforts have been ongoing to reduce the number of youth in correctional institutions due to overcrowded correctional facilities and deplorable living conditions. California leads the country in making efforts in reducing the number of youths in correctional institutions.
According to the 1990 Convention on the Rights of the Child, it was against law to torture a minor or subject them to cruel or inhumane treatment and/ or degrading punishment.
In 1997, the US Government agrees to set standards for detention centers for immigrants, where minors are held. It also requires placement of children from immigration detention centers in another setting with less restrictions appropriate to their age.
The juvenile justice system in America has been evolving to better handle youth committing criminal acts.
Juvenile Justice in California
The juvenile justice system in California has been leading by example. The state created a justice system for youth in the form of corrections facilities in 1941. California has been striving hard to reform the juvenile justice system since its youth correction institutions have come under intense scrutiny.
First, it set up the California Youth Authority to keep youth close to their home communities.
In 2007, the Juvenile Justice Realignment bill became law and is seen as an important legislation in the juvenile justice system in California. The legislation called for funding for county probation systems to improve their capacity to handle higher end offenders. After this enactment, there has been a further decline in institutional commitments and higher development of innovative programs. Demands are on to dismantle the juvenile justice system of California and show compassion and equity toward young offenders. Sadly, many young children who are released from detention face a myriad of challenges and are unable to return to life as normal.
Remember, incarcerated children are still too young and deserve support to return to a normal life and become productive citizens.
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