The Evolution of the Juvenile Justice System
In England and during the early beginnings of the United States, juvenile criminal offenders were treated harshly, and punishments regularly deemed appropriate for adults were also imposed on teens and young children. Through the involvement of two significant men and through the passage of time, the juvenile justice system evolved toward a focus on restorative justice. However, since the 1980s, the pendulum has swung back toward more punitive sanctions for more serious offenses by juveniles.
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Matthew Davenport Hill
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According to information from the New York City Department of Probation (NYCDP), Matthew Davenport Hill, an 18th century English barrister and judge, encouraged the release of juvenile offenders to a responsible adult, usually a parent or guardian, who could monitor them. This practice eventually evolved into placing youths interested in rehabilitation into the care of helpful guardians. Periodic visits by law-enforcement personnel served to supervise young offenders.
John Augustus
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According to the NYCDP, the first benefactor who modeled what would later become our probation system was John Augustus, a successful boot-maker in Boston. Known as the "Father of Probation," Augustus believed in rehabilitation rather than punitive sanctions. In 1841, after successfully bailing out an alcoholic, Augustus embarked on an 18-year career as, in effect, a volunteer probation officer. Working with both juveniles and adults, he considered the defendants' character, age and circumstances in choosing which ones to sponsor. By 1858, Augustus had worked with 1,946 defendants of all ages; apparently, only 10 of these forfeited their bonds. Massachusetts enacted the first probation statute shortly after Augustus's death in 1859.
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Juvenile Court
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According to the Center on Juvenile and Criminal Justice (CJCJ), no distinction was made between adult and juvenile criminal courts until late in the 19th century. Advocates for a separate court system intervened by 1825. Cook County, Illinois, the county that includes Chicago, established the first juvenile court in 1899, and by 1925, 47 additional states copied the model. The main focus and purpose of the juvenile court system was to rehabilitate and guide minors into adulthood.
Juvenile Rehabilitation
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As the juvenile justice system progressed, changes included a new focus on the offender, not on the crime. All children younger than 18 were guided through the juvenile court system except in extreme cases which might be referred to adult court. Judges were free to make sentencing decisions based on the best interests of the child.
Present Trends
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According to the CJCJ, by the 1960s, Supreme Court rulings introduced definite structure into juvenile courts so that they began to operate similarly to criminal courts. Juvenile rights included the right to an attorney and the right to receive notification of the charges against them. "Proof beyond a reasonable doubt" became the new standard for convictions. However, the CJCJ also indicated that by the 1980s, enhanced penalties, including mandatory sentences and transfer to adult court, calmed the public's fears regarding an increase in juvenile crime.
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References
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