The Puritan Period was from 1646-1824. This period is where the family had control on how the juvenile was punished. The puritan philosophy for juvenile behavior was enacted during this time. They also passed the Stubborn Child Law which mad the first status offense, an act considered illegal for minors only. If you were under the age of 7 you couldn’t be guilty of felony, but if you were 8 years old you could be guilty of a felony. According to the common law then a youth fewer than 14 may be adjudged incapable of discerning right from wrong it appeared to …show more content…
the court and jury that he could discern between good and evil. Meaning if he/she was accused of a major criminal act the juvenile would be trialed as an adult. Then the trials and punishment were based on age, and anyone older than the age 7 could go to court. The only form of incarceration was jail during a pending trial.
During the Refuge Period courts punished and confined Juveniles by putting them in jails or penitentiaries.
There was not many chooses back then so children no matter the age or gender was and genders were confined with the older and tough adult convicts and the mentally ill juveniles were put in an overcrowded and broken-down strict institutions. Then they had to place children that wasn’t bad or being delinquent in the same jail, because they did not have no other choice. During that time they were also dealing with a high rate of child neglect. So they decided they would try to put together an organization call Prevention of Pauperism. This would try to stop them for using jails and prisons to put non convict children and try to build another institution. Doing that led to them the NY House of Refuge. This institution was built to take in poor, homeless, needy children who they claimed was heading down the path of being a delinquent. Soon after they built other institutions helping and taking in …show more content…
children.
Juvenile court period also known as the Progressive Era or the Age of Reform is where criminal courts tried youth and adults.
During this time they were saying children was not bad by inheritance, but by the society and the environment. They felt that parents were responsible for their children being obedient. The main reason of juvenile court was to provide rehabilitation and protective supervision for youth back then. They used the court as a place where the child would get individualized attention from a concerned judge. Court hearings were easy going and they used different options to see how each case would be handled. The parents and the public started to wonder about the success of the juvenile justice system, especially because of the inequalities in treatment that was being caused by the decisions of juvenile court judges. The juvenile court act brought in probation and probation officers. The officer was brought up to help juveniles. Social workers were the kids probation officers and after research they came up with the same solution that kids behavior stemmed from the family and society. They came up with the Juvenile Court Act. The act stipulated that the courts were to separate the records and procedures. It was said that because the children was a ward to the state they were perceived to be without constitutional rights. The act was made so that the care custody and discipline of the children would take place by the parent. Custody or
guardianship was the order to give the parents the right to protect, provide food, and shelter, and discipline.
Juvenile Rights Period became a high rate when it was reported that crime and delinquency were costing the public too much money. The civil rights helped the touchy subject about children and juvenile courts. They came up with 4 concepts to help deal with the problems. They called these the four Ds of the Juvenile Justice. Deinstitutionalization is when the status offense removed from juvenile court, referring to legislation that makes status offenses non-criminal acts. They came up with PINS (person in need of supervisor), CINS OR CHINS (children in need of supervision), MINS (minors in need of supervision), JINS (juveniles in need of supervision), and FINS (families in need of supervision). These classifications were supposed to help the juveniles from being put in the category as delinquents. .Due Process is when juveniles have Constitutional protections, and Diversion. The court basically protected the juveniles for the court control. Shifts power to police, leads to net widening which was the opposite of diversions original purpose which was to lessen the state’s power to control juveniles. Decriminalization basically eliminated the status offenses from juvenile court. Things changed when the case Kent v. US came about. A 16 year old name Kent admitted to breaking into a house, robbery, and to rape and is judged as a juvenile then was transferred to an adult court and had no hearing. It was stated that juveniles are entitled to a formal hearing, their records and statement of reason before a court can waive jurisdiction. The Gault decision required that the due process clause of the Fourteenth Amendment Be applied to proceedings in state juvenile courts, including the right of notice, the Right to counsel, the right against self-incrimination and the right to confront witnesses. In Re Winship is basically when proof must be proven and beyond a reasonable doubt and not based on just evidence. Another case during this period was Breed v Jones was when the Court said that the Fifth Amendment’s double jeopardy clause prevented a juvenile from being tried in an adult court for a crime that had already been adjudicated in juvenile court
The Crime Control Period was more in response to how juveniles were treated. The Medical model replaced the Justice Model which viewed unlawful behavior. They focused more on reducing the crimes. During this period they came up with harsh punishments to juveniles. More programs were created to reduce the crime. Schall v Martin is the case where they decided juveniles can be held in preventive detention if there is concern that they may commit additional crimes while awaiting court action. They are considered a risk to the community. More juveniles were tried as an adult in court. I believe the Juvenile Rights Period had the most influential impact on Juvenile justice