Thursday, October 25, 2012

Juvenile Justice, A Century of Development

Before the nineteenth century, the U.S. treated juvenile delinquents the same as adult criminal offenders. During colonial times, children over the age of five were treated as small adults and property due to the fact that no juvenile court existed. A number of different events led to reforms that aided in the eventual growth of the juvenile justice system, including the child saving movement and the further development of institutions for the care of delinquent and neglected children.

 

Early on in the nineteenth century, many pieces of legislation were introduced to aid in the civilization of treatment of children. In spite of heightened public interest in juvenile care, nothing existed specifically for the care of delinquent children.  In addition, there were no laws or courts to control delinquents beyond those established for adult offenders. At one point the U.S. established facilities to change delinquents through the use of prayer, study and hard work; this did not stop the punishment of whipping or leg irons on the youth. However, many highly criticized these punishments, calling them abuse. As psychologists and sociologists began to recognize the rising concept of adolescence as a developmentally separate period of life, reformers argued for the movement of children out of the adult prisons.  The idea of children as a group separate from adults became an increasing popular social ideology.  This ideology became more prevalent as society became increasingly aware of children’s needs and rights.  
 
Urbanization and industrialization of the nineteenth century generated the belief that certain groups of the population were susceptible to the influence of their decaying environment, and needed to be rescued and “saved”. The youth of these classes were considered a group that might be “saved” by a combination of state and community intervention (Siegel & Welsh, 475). Contemporary programs of delinquency-control can be traced to the reforms of the child-savers who, at the end of the nineteenth century, helped create special judicial and correctional institutions for the labeling, processing, and management of “troublesome” youth (Platt). Privately funded by mid-nineteenth century charitable organizations, the child-saving movement established roots in these organizations for protection and the benefit of children. According to faqs.org,

“In the height of the movement, between 1890 and 1920, child savers worked in such diverse reform efforts. Fighting child abuse, regulating child labor, founding kindergartens, building playgrounds, establishing the juvenile court, campaigning for mothers' pensions, and reducing infant mortality rates” (McAmant).

Child savers believed they could secure a better future for their nation by alleviating the perils of poverty for the young and working to Americanize the immigrant children. Groups like the Child Savers who pushed for reforms relating to “at risk” youth are one of the big reasons that juvenile reformatories such as the New York House of Refuge were created. 
 
The first juvenile reformatory in the nation was the New York House of Refuge. The reformatory was the product of a humanitarian organization in 1816. Originally referred to as the Society for the Prevention of Pauperism, the group was dedicated to the idea of protecting poverty-stricken children, who were at risk for crime by taking them off the streets and having them raised in a family-like environment. During the early years, the Society was dominated by Quaker merchants and other influential political leaders, such as Cadwallader Colden and Stephen Allen (New York State Archieves).  According to Larry Siegel and Brandon Welsh,

“Although the New York House of Refuge was privately managed, the state legislature began providing funds, partly through a head tax on arriving transatlantic passengers and seamen, plus the proceeds from license fees for New York City’s taverns, theaters, and circuses” (Siegel & Welsh, 475).

A majority of the children, under the care of the reformatory, were sent to the reformatory because of vagrancy and petty crimes and were committed indefinitely until they turned 18. Once they became a resident, the youth’s daily schedule was mainly dedicated to supervised labor, which was viewed as beneficial to the education and discipline of the adolescent. This labor also aided in the operating expenses for the reformatory. In order to segregate each child according to their behavior, a badge system was created (Siegel & Welsh, 475). The New York House of Refuge was not the only organization centered on bettering the lives of the youth in the United States, The New York Society for the Prevention of Cruelty to Children also focused on protecting children.
 
The first child protection agency in the world was the New York Society for the Prevention of Cruelty to Children. Since its establishment in 1875 the NYSPCC has strived to create and put into practice new mental health, legal, and educational programs that aims to protect youth from injury and guarantee their healthy development. As stated on nyspcc.org

“In its first eight months of operation, the NYSPCC received and investigated several hundred complaints, prosecuted 68 criminal cases and rescued 72 children from abuse and neglect. So many harmful conditions existed that the NYSPCC realized new laws were needed and worked for their enactment” (NYSPCC).  

NYSPCC is an advocate for almost all the laws involving child protective legislation. At the end of the nineteenth century, the fundamental idea of organized child protection had been established and resulted in the use of it across the world. According to the New York Society for the Prevention of Cruelty to Children’s website, “In New York City, specifically Manhattan and the Bronx, the NYSPCC had investigated over 130,000 complaints, aided 370,000 children, sheltered 84,000 of them at its own expense and prosecuted 50,000 cases at a conviction rate of 94%” (NYSPCC). Not only were new laws being implemented, with the help of a rising number of agencies enforce them, but the recognition of society's responsibility for the protection of children also continued to grow.
 
In 19th century America, little distinction was ever made regarding the criminal culpability of children versus adults. As a result, children as young as 5 were treated the same as adults for criminal offences. Society slowly began to recognize the need for changes to be made in the treatment of delinquent, mistreated, and runaway children. Organizations such as the New York House of Refuge and the New York Society for the Prevention of Cruelty to Children were groups best recognized for their advocacy and actions dedicated towards protecting at risk youth and striving to better the lives and future of the children under their care. Without organizations like these along with help from groups like the Child Savers, who pushed for reforms in juvenile justice and the protection and benefit of children, Juvenile Justice would not be where it is today. It is because of these types of groups and organizations that the United States today has distinguished a difference between how juvenile delinquents should be treated, and how adult criminals should be treated in a justice system.

 
Works Cited

McAmant, Caroline Hinkle. "Child Saving." - Child Abuse and Neglect, Child Labor, Education, Youth Organizations and Child Leisure, Juvenile Delinquency.Web. 22 Oct. 2012. <http://www.faqs.org/childhood/Ch-Co/Child-Saving.html>.
New York State Archives. New York House of Refuge -A Brief History. Web. 22 Oct. 2012.<http://www.archives.nysed.gov/a/research/res_topics_ed_reform_history.shtml>.
NYSPCC. The NYSPCC Story. Web. 22 Oct. 2012. <http://www.nyspcc.org/nyspcc/history/the_story/>.
Platt, Anthony. The Rise of the Child-Saving Movement: A Study in Social Policy and Correctional Reform. Web. 22 Oct. 2012. <http://ann.sagepub.com/content/381/1/21>.
Siegel, Larry J., and Brandon Welsh. Juvenile Delinquency: Theory, Practice and Law. Andover: Cengage Learning, 2011. Print.

 

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