The first juvenile justice court system was established in Cook County Illinois in 1899. This court was created to address the unique needs of children and adolescents by recognizing that they were “immature and required protection.” Minors were seen as more likely to profit from treatment. The new court, viewed the social problems of child neglect and abuse as a large part of their responsibility. The original function of this new Juvenile Justice court classification was to protect and guide the young. All states in America had established Juvenile courts by 1925, under the mandate to provide rehabilitation, justice and protection for those most at risk. These courts not only focused on a child’s offence, but on what type of counseling and supervision that was best for each child that it served. There was also a focus on informality and privacy intended to protect the young person.
By the 1960’s, in response to the increased volume of cases in urban areas, Child courts began to focus on retribution that was based on race, gender, and social class. They also fell under condemnation for conflict of interest as the processor, and service provider.
The 1970’s saw a reduction of custody rates as more importance was placed on therapy within a community setting. This process was overturned in the 1980’s and 1990’s as a result of federal legislation that focused on punishment rather than counseling and probation. This legislation also allowed for the transfer of the young to adult courts. As a result, approximately 200,000 children under the age of eighteen are removed to adult courts annually. Recent studies suggest that such high rate of transfer contribute to an elevated percentage of repeat youthful offenders.
According to a study conducted by The Annie E. Casey Foundation, President Douglas W. Nelson;
Among all the policy areas affecting vulnerable children and families juvenile justice as probably suffered the most alarming gaps between best practices and common practice.
In their January 2009 issue brief, The Annie E. Casey Foundation noted the need for minor courts to reduce their expensive and ineffective overreliance on imprisonment and reduce disparities in the justice given to different racial groups and gender.
The 1974 Juvenile Justice and Delinquency and Prevention Act, (JJDPA), is up for reauthorization this year, 2009. Since 2000 the Office of Juvenile Justice and Delinquency Prevention , (OJJDP), has had its budget reduced by nearly 60%, and research and distribution
efforts were reduced by 90%. As a result of these budgetary cuts, the federal government has done little in recent years to protect young wrongdoers. Restoration of the OJJDP’s budget, leadership role, and reauthorization of the JJDPA will accomplish the following:
▪ Renewal of OJJDP inquiry, support, and public information to pre 2000 levels.
▪ Linking funding to cost to effective and successful juvenile justice strategies.
▪ The use of funds to encourage tracking of key indicators for success, and failure, such
as recidivism.
▪ Performance of feasibility studies for additional data collection to promote the use of evidence
based policies.
According to the Annie E. Casey Foundation essay 2008 KIDS COUNT, federal funding efforts should focus on the following priorities:
#1 Combat overreliance on training school incarceration and pre-trial detention. Despite statistical evidence demonstrating that less that 25% of all juvenile crime is a felony, juvenile justice systems routine incarcerate youth who pose no threat to public safety.
#2 Take aggressive steps to reduce racial disparities in juvenile justice systems. A 1988 Congressional amendment to the JJDPA made addressing disparities a core requirement, offering neither solution nor sanctions for lack of compliance.
#3 Combat abuse and protect the safety of youth confined in juvenile facility. Establish mandatory reporting for all unexplained incidents in the facility.
#4 Limit the number of youth tried in adult courts. Research has demonstrated that the brains of children and adolescents, are less developed than brains of adults. This results in immature decision making skills and decreased decision making.
#5 Conduct research and support demonstration projects to address other pervasive weaknesses in the juvenile justice system.
-Exclusion of families from decision making concerning treatment options.
-Inappropriate use of “zero tolerance” policies, and “over- zealous” prosecution of minor offences . -Incarceration of emotionally ill and troubled youth rather than referring them to an appropriate facility. - Reduced incarceration of school skippers, and under age drinker referred to as status offenders.” Many of the juvenile courts, including those in the state of Indiana, exploit a loophole allowing confinement of status offenders who violate a court order. Closure of this loophole would remediate the situation. -access to qualified council.
A more effective approach to adolescent misconduct is the model of restorative justice . This concept requires the offender to make some form of restoration to the ill-treated party. This forces the lawbreaker, with the permission of the offended, to “face their victims and the consequences of their crimes.” Which serves as a learning experience for the child. In Australia and New Zealand, all criminal cases are referred to the system of restorative justice as long as the ill-treated party is willing to participate in the process.
In order to ensure a sound and secure future for our nation, Americans must resolve the failings of our minor courts. Juvenile Corrections must become a growth experience that guides the child into becoming a mature adult. We teach them nothing if we, as adults, fail to act ethically and fairly in our dealings with youth. We must make youthful corrections an opportunity for growth that will allow the young offender to learn from their mistakes, not learn how to become better citizens.
The process of justice starts with a fair and equitable system based on best practices, and common sense. The Constitution isn’t just for adults. It is for all Americans.
