There are five periods of juvenile justice history. They include the colonial period, refuge period, juvenile court period, juvenile rights period, and crime control period.
The colonial period lasted from 1600s to 1800s. During the colonial American period, two influences remained constant: the authority of the parent and the role of religion. Parents continued to be given wide latitude in dealing with their children, whether through abusive or other means. An example of this can be found in the passage of the Stubborn Child Law in 1646. The Massachusetts law dictated that if a 16-year-old child was rebellious and stubborn, the parents could bring the child to court where the child could receive a death sentence. The spirit and wording of …show more content…
The juvenile rights period come about at a time when there was a great deal of social unrest in the United States. People became increasingly concerned about whether the system (both adult and juvenile) violated the rights of the accused. First, there were apprehensions over whether the system’s reach extended too far. In particular, status offenders, dependent and neglect cases, and criminals were still processed through the same mechanisms in the court system. Second, youth were being processed through the court system without the due process afforded to adults. Finally, there were concerns that the system was inadequate in its response to serious juvenile delinquents. A second area coming under scrutiny during this period was the due process rights for juvenile clients. Critics argued that the informality of the juvenile court model, thought to protect the child from harsh formal proceedings, actually deprived juveniles of many of the rights provided in adult courts. In Kent v. United States (1966) the Supreme Court ruled that the lower court violated the rights of the defendant. The court noted that juveniles could be deprived of core due process rights that should be granted to them under the 14th amendment of the Constitution. The justices were concerned that juveniles could be remanded to adult court without a fair hearing. The decision granted juveniles the right to a formal hearing, representation at the hearing, and access to the records that would be reviewed by the judge prior to the hearing. The decision also granted juveniles the right to a written justification for the order. In re Gault (1967), the Supreme Court further defined the due process rights guaranteed to juvenile defendants. The Gault decision led to four basic rights. First, the defendant has the right to a notice of the charges. In particular, defendants are given the right to notification of the charges so that they have adequate time
The colonial period lasted from 1600s to 1800s. During the colonial American period, two influences remained constant: the authority of the parent and the role of religion. Parents continued to be given wide latitude in dealing with their children, whether through abusive or other means. An example of this can be found in the passage of the Stubborn Child Law in 1646. The Massachusetts law dictated that if a 16-year-old child was rebellious and stubborn, the parents could bring the child to court where the child could receive a death sentence. The spirit and wording of …show more content…
The juvenile rights period come about at a time when there was a great deal of social unrest in the United States. People became increasingly concerned about whether the system (both adult and juvenile) violated the rights of the accused. First, there were apprehensions over whether the system’s reach extended too far. In particular, status offenders, dependent and neglect cases, and criminals were still processed through the same mechanisms in the court system. Second, youth were being processed through the court system without the due process afforded to adults. Finally, there were concerns that the system was inadequate in its response to serious juvenile delinquents. A second area coming under scrutiny during this period was the due process rights for juvenile clients. Critics argued that the informality of the juvenile court model, thought to protect the child from harsh formal proceedings, actually deprived juveniles of many of the rights provided in adult courts. In Kent v. United States (1966) the Supreme Court ruled that the lower court violated the rights of the defendant. The court noted that juveniles could be deprived of core due process rights that should be granted to them under the 14th amendment of the Constitution. The justices were concerned that juveniles could be remanded to adult court without a fair hearing. The decision granted juveniles the right to a formal hearing, representation at the hearing, and access to the records that would be reviewed by the judge prior to the hearing. The decision also granted juveniles the right to a written justification for the order. In re Gault (1967), the Supreme Court further defined the due process rights guaranteed to juvenile defendants. The Gault decision led to four basic rights. First, the defendant has the right to a notice of the charges. In particular, defendants are given the right to notification of the charges so that they have adequate time