History of the Juvenile Justice System

Abstract

For several centuries, youth offenders were treated in a highly punitive manner, as they were managed concurrently with adult offenders, with little consideration given to their cognitive, emotional, or developmental immaturity. The first juvenile justice system was created in 1899, and it was a very separate entity from the adult system. The initial juvenile justice system ultimately led to a more rehabilitative approach to dealing with youth offenders as this system took into consideration a youth’s moral, intellectual, social, and emotional development and worked to treat and rehabilitate more than punish young offenders. More recently, the juvenile justice system has begun to mirror the adult system, both in terms of court processes, rights provided, and consequences subsumed. While this has been beneficial in that it provides more legal rights to juveniles, it has also resulted in a more punitive approach to dealing with juvenile offenders, with more youth being detained and more juveniles being transferred to adult courts. This chapter addresses the history of the juvenile justice system and how it has developed across the last two centuries and most notably the past few decades. A general overview of the processing of a juvenile through the juvenile justice system is provided in this chapter, as well as how the juvenile justice system compares to the adult criminal justice system. Concepts and definitions important in understanding juvenile delinquency are also provided, as well as relevant statutes and case law that have helped protect the rights of juvenile delinquents. In addition, considerations that may need to be taken into account when processing a youth with a disability in the juvenile justice system are provided, as well as an introduction to issues related to the implications that the symptoms and presentation of a disability may have on a youth offender’s level of risk for reoffending and related to a youth’s competency to stand trial.