Chapter 2: “Juvenile delinquency” and juvenile justice: origins and transformation

Abstract

Chapter 2 traces the historical origins and transformation of “juvenile delinquency” as a legal concept. Changes in how juvenile delinquency is conceptualized are associated with changes in how it is responded to through justice systems. Focusing on this correspondence, Chapter 2 examines the social construction of the concept of “juvenile delinquency” and the origins and character of juvenile justice systems across the United States. We then consider a series of juvenile justice reforms since the 1960s that have resulted in significant redefinition of juvenile delinquency and redirection of juvenile justice practice. Lastly, this chapter describes how juvenile delinquency is defined in statutory law – the legal definition of “juvenile delinquency.”

Key Terms

• social constructionist perspective
• parens patriae
• positivism
• determinism
• Poor Laws
• pauperism
• houses of refuge
• placing-out
• reform schools
• child-saving movement
• rehabilitative ideal
• “best interests of the child”
• due process of law
• balanced and restorative justice
• evidence-based practice
• status offense

Outline

1. The social construction of “juvenile delinquency”
   1. The discovery of childhood and adolescence
   2. The parens patriae doctrine
   3. Positivist criminology
2. Inventing justice: institutional responses to juvenile delinquency
   1. Poor Laws, charities, and pauperism
   2. Houses of refuge and moral reform
   3. Placing-out and orphan trains
   4. Reform schools
   5. The child-saving movement
   6. Creation of the juvenile court (1899)
      1. Structure and jurisdiction of the juvenile court
      2. Legal authority: parens patriae
      3. Legal philosophy and process: the “rehabilitative ideal”
         1. Diminished criminal responsibility of juveniles
         2. A child welfare approach – the “best interests of the child”
         3. Informal and family-like procedures
3. Reforming juvenile justice: transformation of juvenile justice philosophy, policy, and practice
   1. Challenges to the traditional juvenile court
   2. The due process revolution in juvenile justice
      1. Kent v. United States (1966)
      2. In re Gault (1967)
      3. In re Winship (1970)
      4. McKeiver v. Pennsylvania (1971)
      5. Breed v. Jones (1975)
   3. The Juvenile Justice and Delinquency Prevention Act of 1974
      1. President’s Commission on Law Enforcement and Administration of Justice
      2. National Council on Crime and Delinquency
      3. National Advisory Commission on Criminal Justice Standards and Goals
   4. Getting tough: initiatives for punishment and accountability
      1. Transfer provisions
         1. Judicial waiver
         2. Concurrent jurisdiction
         3. Statutory exclusion
      2. Sentencing authority
      3. Confidentiality
      4. Balanced and restorative justice
   5. Contemporary juvenile justice reform: return to rehabilitation
      1. A developmental approach to juvenile justice reform
      2. Evidence-based practice
4. Legal definitions of “juvenile delinquency”
5. Summary and conclusions