Juvenile Justice System

Juvenile Justice System

Destiny Beavers

CJS245

December 5, 2017

Tina Sebring

Juvenile Justice System

Up until the early 1800’s juvenile offenders were tried the same as an adult offender. The history of the juvenile justice system is a conglomeration of the adult criminal justice system, the family court system, child protective services, social services, and humanitarian growth. (Schmalleger, 2007) Previously where a child fit into the system would depend on the crime committed, family pedigree, financial standing, color and social status. Children of any other ethnicity would be treated harsher than whites, and status was determined by the color of your skin. Children of color would be given a death sentence before a white child and those with financial means could buy a pardon or parole. (Hopkins, 2008) Up until the early 1800’s juveniles were tried the same as an adult. This paper will explain the implementation as well as reforms that have helped to shape the juvenile justice system into to what it is today.

In the beginning America did not make allowances for the age or maturity of an offender and punishments ranged from flogging, mutilation, branding, public humiliation, exile and other forms of torture and every offender no matter the age was subjected to these punishments (Roberson, 2007). In the nineteenth century America began a child-saving movement. This movement focused on the dangerousness and immorality that was believed to go hand in hand with being underprivileged. Americans have always believed that hard work means a prosperous and law abiding lifestyle. In 1825 New York City opened The “House of Refuge” these were privately and/or community funded (Larry J. Siegel, 2008) it was believed to be a family environment but was in fact a workhouse for families. These workhouses functioned much like the later industrial prisons (1890-1935) they fell out of favor because of the economic impact on the U.S. economy (Schmalleger, 2007). These workhouses were designed to teach trades and forced children to learn hardwork and the children were disciplined severely for any misdeed. The states answer to the children who misbehaved was reform school. Reform schools were carbon copies of workhouses but were funded strictly by state funding and included some educational value along with learning a trade. Distinctions were not made between criminal behavior and status offenses, Serious crimes did come with the possibility of death, these practices continued into the twenty first century, although there were adjustments along the way.

What is reffered to as the first adoption system in America (1854-1929) was really a cover up for child slavery. Poor children from the city were gathered up and taken by the Children’s Aid Society and the New York Foundling Hospital out west to be given to rural families. (National Orphan Train Complex). This was a way to get the children off the streets and out of the safe houses when parents could not pay for the upkeep of their children. Slavery was no longer legal so these children took their place because labor was still needed and would require more than food and lodging (National Orphan Train Complex).