Juvenile Court Injustice

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In 1825, The House of Refuge was established due the work of Eddy and Griscom. This was a residential institution that would teach mechanical skills to young transients. This was the first reformatory to be managed privately and isolated juveniles from adults (The Time 1). The Journal of Correctional Education states, there were “two distinct classes of inmates…(a) those children convicted and sentenced for crime, and (b) the children who were not convicted of crime, but who were destitute or neglected, or both, and who were in imminent danger of becoming delinquent” (Gehring). Many authorities were able to order commitment of a youth to the House of Refuge, these include commissions and by courts (Gehring). Most of the juvenile’s day …show more content…
In 1899, the Juvenile Court Act went into effect. “Cook County in the State of Illinois established the first juvenile court” (History). According to the Maryland Department of Juvenile Justice, the nature of the Juvenile court was considered “civil” and the nature adult court was considered “criminal” (History). Being a civil proceeding means that the focus would be on the youth and not the offense the youth committed (History). This would give many options for rehabilitation of the youth. This is where the term “parens patriae” came about. The meaning of this is that the State has a duty to protect children under its care, in place of the parent. This parens patriae continues today in the juvenile justice system and also in schools (History). Most states had established juvenile courts by …show more content…
The Institute for Civics article, Rights of Juvenile Defendants TIMELINE, states, “The Supreme Court decided in the case In re Gault that juvenile’s possess the standard constitutional guarantees of due process” (Rights). Prior to these landmark cases the protections of the constitution, usually afforded to adults, were withheld by the juvenile system (Rights). The Maryland.gov website explains that the Supreme Court ruled that juvenile offenders would have these constitutional rights: “the right to receive notice of charges, the right to obtain legal counsel, the right to confrontation and cross-examination, the privilege against self-incrimination, the right to receive a transcript of the proceedings, and the right to have an appellate court review the lower court’s decision” (Juvenile). On the heels of this ruling, the Juvenile Delinquency Prevention and Control Act of 1968 was implemented by Congress; which made it mandatory for states to establish programs constructed to discuss and repress juvenile delinquency in the community order to obtain federal funding

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