JUVENILE JUSTICE SYSTEM.   Term Paper ID:14454 Click to get this paper

Essay Subject: History & development; socio-cultural pressures leading to reform; court cases setting standards; compared to adult/criminal courts; power & authority; juvenile rights; injustices.... More...

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Paper Abstract: History & development; socio-cultural pressures leading to reform; court cases setting standards; compared to adult/criminal courts; power & authority; juvenile rights; injustices. Paper Introduction: Juvenile delinquency is a major social problem in the United States today. It is defined as that behavior on the part of children which may, under the law, subject those children to the juvenile court laws. It is a legal invention of the nineteenth century that did not exist either under the English common law or under early Roman law. Both these legal systems regarded very young children as beyond the reach of the law, and for offenders between the ages of seven and fourteen years provision was made for the determination of the child's responsibility before the law. Once this determination was made, however, the child was either subject to the same criminal law as were adults or he was beyond its reach  there were no special juvenile courts (Bliss, 1977, p. 1). Age was a factor in determining whether the child would be Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. Douglas, whileacknowledging that the boy had been advised of his constitutional rightsbefore confessing, said that a 15-year old could not appreciate that advicewithout counsel. Juvenile Justice. Supreme Court ruled on its second case dealing withjuvenile courts. American Bar Association and Institute for Judicial Administration.(198 ). New York: Oceana. Streib, V. However, the judge has noevidence limitations at the disposition hearings. The Effects of the Juvenile Justice System onSelf Concept. Hence,there were those who viewed the Gault case as the most devastating thing tohappen to the juvenile courts. Children had very little in the way of constitutionalrights until 1966, when the U.S. The hearing ended with the judge committing GeraldGault to the Arizona State Industrial School as a juvenile delinquent forsix years(the remaining period of his minority) unless discharged sooner bydue process. It is alegal invention of the nineteenth century that did not exist either underthe English common law or under early Roman law. But the juvenilejustice system is nonetheless here to stay. United States, all waivers to criminal courtmust provide the juvenile with a hearing on the waiver, effectiveassistance of counsel, and a statement of reasons for the juvenile court'sdecision. (1978). But in the later opinions such as McKeiver, theCourt is once again willing to believe the juvenile justice systemrhetoric. The mother recalled Gerald saying that he dialed Mrs. Cook'sphone number and then handed the phone to a friend named Ronald Lewis. Colorado, theSupreme Court looked at a confession and the conditions under which theconfession had been made by a 14-year old juvenile named Robert Gallegos.The Gallegos confession was annulled as having been illegally securedbecause several rights had been withheld from the defendant. In other words,the court said that Constitutional rights did not apply to juveniles. By the timethat the U.S. But the juvenile justice system cannot remain the same afterdecisions such as Gault. Running away from home or refusing toobey one's parent or guardian, and association with "vicious or immoralpersons," are some of the following delinquent acts. The Act encouraged judges tobe flexible and innovative in doing what was best for the welfare of thechild (namely a family home, preferably the parents). In addition, the juvenile court is often called upon to intervene onbehalf of dependent or neglected children and for children involved inspecial proceedings, such as their parents' divorce or their own requests,as minors, for permission to marry (Klein, 1984, p. 1 -11). R. The Gaults were never served with the hearing notice, and Gerald Gaultwas declared delinquent at the hearing with no facts or details beingcited. Truancy from school,therefore, is also considered delinquent behavior under the laws of eachstate.For example, minors in Santa Monica, California are to be in school from8:3 a.m. The Illinois act can be viewed as a culmination of nineteenthcentury experience, which included the Massachusetts law of 187 whichprovided separate trials for juveniles, as well as a similar New York actin 1892 and an 1893 Pennsylvania act that was ruled unconstitutional beforeit could go into effect. By the end of thenineteenth century, criminal courts were more likely to sentence childrento training schools for specialized treatment. Thus, it is likely that the juvenile justicesystem will become a synthesis of the various eras and find a middle groundbetween the socialized and constitutional phases (Streib, 1978, p. (1977). The adultpenalty was a fine of from $5 to $5 and not more than two months inprison. Supreme Court had ruled in Gerald Gault's favor on the basisof these six errors in due process in 1967, Gerald Gault had spent threeyears in confinement for an offense that an adult would have received notmore than two months in prison for (Heaps, p. However, under law it is considered that it is not in achild's best interest to be allowed to consume alcohol or to speakinappropriately. Laws fordifferential treatment of juvenile delinquents existed in all states by1945 (Haskell & Yablonsky, 1978, p. However, if the child stillmisses school days after mediation, the case will be turned over to thejuvenile court often to prosecute the parent (School Attendance ReviewBoard). Supreme Court heard the 17 case (Heaps, 1974,p. (1978). The neighbor who complained was not present at the hearing, andthere was no sworn testimony. 54-56). It is interesting that in six years time the U.S. to 2:45 p.m. Crime and Delinquency.Boston: Houghton Mifflin. However,the reviewing court regarded these objections as irrelevant -- saying ineffect that the juvenile court was not required to give the accusedjuvenile the rights guaranteed others accused of a crime. Butthe arresting officer recalled Gerald saying that he had made lewd remarks.Ronald Lewis was never questioned and there was no record or transcript ofthe hearings, not even a memorandum. The informal system operates by referral of juveniles to youthservice bureaus, community mental health Clinics, drug abuse counselors,and probation officers acting in an unofficial capacity. The justices also did not believethat proof beyond a reasonable doubt findings would harm the beneficialaspects of the juvenile process. Both these legal systemsregarded very young children as beyond the reach of the law, and foroffenders between the ages of seven and fourteen years provision was madefor the determination of the child's responsibility before the law. The formality of the criminal court, including its emphasis onformal rules of evidence and rights of cross- examination, is avoided inthe juvenile court in the interests of the child (American Bar Association& Institute of Judicial Administration, p. (1958). New York: NationalUniversity Publications. Curfews are one of the legal restrictions for minors thatdo not apply to adults. 62-63). 52-55). The Illinois law of 1899 marked the end of the penal approach tojuvenile delinquency and the start of a more flexible approach that waspreventative and scientific. The authority of the juvenile courts that is implied in statestatutes, the parens patriae relating to the ancient common law doctrine ofthe English constitutional system, was affirmed as far back as 1889 inMormon Church v. In other words, due process is extended topersons regardless of their age. and Yablonsky, L. The next hearing revealed that the judge had questionedGerald Gault about the phone call and that there was conflict over whatGerald said. Heaps, W. Cases would comebefore the juvenile court by petition of "any respectable person" havingknowledge of a dependent, neglected or delinquent child. Justice Stewart dissented from the majority's view inthe case, and believed that the Court's ruling was disregarding therehabilitative model established earlier, and was replacing it with anadult, criminal trial (Albanese, 1985, p. The complexity of theKent case comes from the fact that the high court was dealing with therights of a youth in both the juvenile and adult court systems (Heaps,1974, p. Reformers who insisted on having childrenconfined separately from adult offenders were responsible for theestablishment of sixteen of these specialized institutions by 196 . Age was a factor in determining whether the child would be heldresponsible for his acts, with common law exempting children under ageseven years from being found guilty of commission of a criminal act. Heis "adjudicated to the status of a delinquent child" rather than foundguilty, and he is "committed" rather than sentenced, and to a "school"instead of a prison. Klein, M. The rehabilitative philosophy of the juvenile courtimplies flexibility of procedure and wide discretion on the part of thecourt. In this case, a juvenileconfession was used in a murder trial. Kent, Jr., whowas 16 years old and in trouble with the law since age 14. A. Dealing with Delinquency. As a result of Kent v. At thetime, Gault was on six-month's probation for stealing a wallet from awoman's purse and placed in the Children's Detention Home without hisparents being notified. Curfews often preventminors from consuming alcohol at evening parties or committing crimes, suchas nighttime robberies. In the informal system, a probationofficer makes the decision as to the truth of an allegation in a closedconference after a brief discussion -- the appropriate disposition for thejuvenile is also made in this manner. 54-56). New York: Holmes &Meier. Thus, Parens patriae, as practiced by thestate, could help turn juveniles into adult criminals (Haskell & Yablonsky,p. The first hearing is to determine and adjudicate the factsin the juvenile case. 4 4-4 6). This case considered the last aspect of due process, namelythe right to trial by jury. Basically, this juvenile court system is the logicaloutgrowth of the system of separate correctional facilities for childrenand the use of probation as a treatment for children. 7 -71). John Haley, a 15-year old black, wason trial in adult court. A parent,who does not have their child enrolled in school can be prosecuted or inextreme cases they can lose their custody of the child to the state.Educational neglect is only one form of child abuse, but it is one that ismost likely be mediated through school programs (such as SARB, the SchoolAttendance Review Board in Los Angeles). In Santa Monica, any minor, who the police findalone or with other minors (at malls or on the street) during school hoursare taken into police custody. Theattorneys for Holmes argued, in appealing the case to the Supreme Court,the Fourteenth Amendment protections against deprivation of liberty withoutdue process had been completely ignored. JusticeWilliam O. Counsel is provided thechild because it is presumed that otherwise the juvenile will not know whatis admissible evidence from what is inadmissible evidence. The juveniles have become morereluctant to respond to questions, which makes some judges more prone topunish the child rather than protect him (Heaps, p. The Juvenile Court Act guaranteedthe child the right of trial by jury, when requested. Kent, who hadbeen released on probation to his mother's custody after a series of housebreak-ins and purse snatchings, was apprehended at age 16 in 1961 whenpolice investigation of a rape and wallet theft revealed Kent'sfingerprints. A California study indicated that three times as many juvenileshad their case dismissed or were given informal probation when representedby counsel when compared to juveniles who were not represented by counsel.Private attorneys were found to get better results than public defenders,with the private attorney being more likely to have home placement for thejuvenile. New York: OxfordUniversity Press. Other cases dealing with the Fourteenth Amendment and the juvenilejustice system followed Gault. (198 ). by police, with the Supreme Court finding that theFourteenth Amendment due process guarantee had been violated. 62-64). In theappeal, Holmes' lawyer contended that his client had not been representedby counsel, not been informed of charges against him, not advised of legalrights (including the right to refuse to testify), that the evidenceadmitted at trial was not competent or admissible, and that competentevidence at the trial did not link Holmes to any illegal activity. Supreme Court, in its first ruling on juvenilecourts, declared that juveniles are entitled to adequate notice of thecharges against them, to legal counsel, to confront and cross-examinewitnesses, and to avail themselves of the privilege against self-incrimination (Bliss, 1977, p. (1971). Planning for Juvenile Justice. Onseven separate grounds, Gault charged that juvenile court procedure wasunconstitutional. These laws are designed to protect thewelfare of the child. Cambridge, MA: Ballinger. Juvenile Justice in America. The Illinois act provided that judges could send the child only toinstitutions that were under the supervision of the Illinois Board of StateCommissioners of Public Charities. The court could then issue asummons for the parent or guardian of the child, with the magistratetransferring the child into custody of the juvenile court upon arrest(Hawes, 1971, p. The formal system may even serve as a helpto the informal system, with a child threatened with being turned over tothe formal system if he does not "volunteer" for the informal system(Streib, p.12-13). It is the stated function of these courts tohelp children in trouble, to act in the best interests of children and ofthe state, to rehabilitate rather than punish. It was the fear of theSupreme Court that the child would get the worst of both worlds, losing thesolicitous care and regenerative treatment that was to be provided childrenwhile simultaneously being denied the legal protections afforded adults(Schetky, & Benedek, 198 , p. New York: Seabury Press. But many court personnel andjudges were vocal in their opposition of this Supreme Court"permissiveness" and vowed to resist the decision. United States,held that the basic requirements of due process and fairness must be heldto when children are transferred to adult courts. New York: Brunner/Mazel. The rationalewas that the child was not being charged with a crime or convicted of acrime by the juvenile court. There are further legal consequences in thejuvenile criminal justice system for minors who purchase or consumealcohol. In this way the constitutionalized court system still exists,while the socialized more informal system takes the place of the formerjuvenile justice system that was modified by giving constitutional rightsto juveniles. The adjudicatory hearing uses the rules ofevidence and adheres to the juvenile due process. Kent was then deemed competent to standtrial and sentenced to from 3 to 9 years in prison. 386-387). 165-175). Underage seven years, it was deemed that there was an absence of mens rea orcriminal intent. School Attendance Review Board of Los Angeles, California. By way of contrast with thecriminal court, the child, rather than being charged with a crime, isbrought to the juvenile court by the filing of a petition in his behalf.He has a "hearing" characterized by informality, rather than a trial. The Arizona Supreme Court heard the case, foundsix errors violating the Fourteenth Amendment due process clause, and thenrejected the writ and sent Gerald back to the detention school. Cambridge, MA: Ballinger. These cultural changes are reflected in the defined functions andprocedures of juvenile courts. The McKeiver was the case that marks a change in the willingness ofthe high court to further extend constitutionalrights to juveniles in the juvenile justice system. The Supreme Court concluded that the right totrial by jury in the juvenile justice system is not a constitutionalrequirement. This decision, which was significant because it was the firsttime that the highest court had examined juvenile court procedure, dealtwith the issue of unlimited judicial discretion existing in juvenile courtand affirmed that juveniles may not be stripped of their constitutionalrights. 379-38 ). Words used to describethe Gault ruling by judges included "Catastrophic, absolutely devastating,impossible to put into operation, and injurious." One judge is quoted assaying that the Gault ruling is utter nonsense which will bog courts downwith a clutter of witnesses, lawyers and do-gooder social workers. Thecourt therefore established that the juvenile court is for the salvation,and not punishment of children, and an effort to look after the interestsof the child, rather than prosecution, will be made. The Latin phrase Parens patriae,protecting children in need of protection summarizes the underlying socialand legal philosophy. Haley was questioned for five hours betweenmidnight and 5 A.M. What the Holmes case did was hold that a child before thejuvenile court designed to protect him was in effect to be given lessrights than an adult charged with a crime in criminal court. This informalsystem operates in a manner that is less restricted than the formal system,but the same functions are performed. Additional laws have been created to protect the best interest of thechild. The Kent case was actually quite complex, and had wide reachingeffects because many state laws provided for the transfer of a juvenile toadult criminal court when a felony was committed. Children in Urban Society. 1). Also prior to the Gault case, a 1962 Supreme Court decision upheldthe rights of juveniles. In 1967, the U.S. Thus, the confession was suppressed and John Haley wasreleased (Heaps, p. Social reformers weresimultaneously campaigning for a special court system that wouldunderstand, diagnose and treat the problems of the child in a way thatwould restore the child to the community. Other state supremecourts followed this rehabilitative philosophy in administration ofjuvenile courts (Albanese, 1985, p. The case had its origins on June 8, 1964, when Mrs. Cook, aneighbor of Gerald Gault of Globe, Arizona, alleged that Gault telephonedher and made offensive adolescent sexual remarks. In hearing the case, the Supreme Courthad to obtain the information from the judge. It was held that guardianship of peoplelegally unable to act for themselves is within the supreme power of everystate as a beneficent function to prevent injury of those who cannotprotect themselves. Current juvenile court systems vary from state to state with respectto the behaviors and qualifying conditions, which qualify the child forreferral to the juvenile court. S. 57-59). There appears to be an informaljuvenile justice system existing in parallel to the formal juvenile justicesystem. Forexample in California, if a gang member commits a crime in the presence ofother gang members, all gang members can be criminally convicted,especially if a gun is used to commit the crime. Oncethis determination was made, however, the child was either subject to thesame criminal law as were adults or he was beyond its reach -- there wereno special juvenile courts (Bliss, 1977, p. This bifurcation may even be formalized by legislationwhich channels criminal law violators into the formal system of police,courts and institutions while having the noncriminal law violator channeledinto the informal system of school counselors, youth service bureaus andinformal probation supervision. But the child was subjected to injuries suchas exposures to court, jail remands, and time in correctional school withmuggers, thieves and murderers. Without the lawyerbeing heard, a grand jury issued indictments against Kent forhousebreaking, rape and robbery. The Juvenile Court Act basically defined thejuvenile delinquent as any child under age sixteen who violated any law orordinance of the State, city or village. Supreme Court had actually affirmed that theconstitutional rights are not granted to the accused in juvenile courtsbecause the juvenile courts are not criminal courts. It is likely that many juveniles will not ever have their casesreaching the courts, with the courts being looked at more as the place oflast resort in today's juvenile justice system (Haskel & Yablonsky, p. Basically, thedefendant was detained two days longer than required under state law, hisparents were not sent for, he was not advised of right to counsel, and hewas not given a hearing before the juvenile court judge (Heaps, p. In the 1962 case of Galleqos v. Judges are noted for pleading withlegislatures for funds and community programs to help juveniles. Rubin, S. Other behavior not defined as criminal when committed by adults (forexample, use of obscene language (in school), purchase or consumption ofalcoholic beverages and smoking are considered delinquent behavior forminors (American Bar Association & Institute of Judicial Administration,198 , p. It was thisreforming force that led to the establishment of today's juvenile courts(Haskell & Yablonsky, 1978, p. Western Systems of Juvenile Justice.Beverly Hills, CA: Sage. As well adults who contribute to the "delinquency of a minor" by providingdrugs, alcohol or contributing to a minor being truant from school can alsobe prosecuted under the law. 379-381). Lanham,MD: University Press of America. The Kent case involved the apprehension of Morris A. This can be described as a bifurcation of the juvenilejustice system. All states within the United States mandate school age children toattend school or at the very least be home schooled. It was thirteen yearsafter the creation of the juvenile court that a Children's Bureau led bysocial workers was established. There are laws in each state and local cities for minorsthat restrict their behavior. 55-58). As a result of Mrs.Cook's complaint, the Gila County police took Gault into custody. Furthermore, the defendant and his motherwere not told of their right to counsel or the right of Gerald Gault tomake a statement. Bliss, D. Thetheory was that the children would be harmed by the influence of adultcriminals. Crime and Juvenile Delinquency. But the Supreme Court refused tohear the case. Albanese, J. (1984). There is a specified age, ranging fromfourteen to twenty-three years and averaging eighteen years, that statesuse to determine whether those who violate criminal statutes come under thejurisdiction of the juvenile court. And parents who allow or contribute to the"delinquency of a minor" can and do lose custody of their children to thestate or the parents themselves can be criminally prosecuted. 59-6 ). The sentence wasupheld by the District of Columbia Court of Appeals. Thus, a spirit ofexperimentalism made this law unique, as did the embracing of the conceptof the importance of the family, which had been stressed by Charles LoringBrace. The Supreme Court did not find that society's special concernfor children was being upheld by lower court conduct in the Kent case(Heaps, 1974, p. Zimring, F. Fisher washeard in the Supreme Court of Pennsylvania. It was five yearslater, in 1966, that the U.S. In the Gault case, the Supreme Court made one of its mostsignificant and far-reaching decisions regarding the juvenile court. W. The original judgewho sentenced Gerald admitted to being influenced by the fact that theyouth was on probation and making the commitment of the youth under asection of the adult penal code relating to obscene language use. Thus, the Gault case affirmed that juveniles in delinquencyproceedings are entitled to the same constitutional safeguards that anadult defendant would have. However, Burger did join in the 1971 majority decision in McKeiver v.Pennsvlvania. The Supreme Court considered all the individual due process rightsviolations and sent the case back to the District of Columbia adult courtrather than juvenile court because Kent was over 21 years old by 1966. The Supreme Court used harsh language in noting thatour system of law does not condone such enormous case consequences withoutdue process. Gerald did not testify and was sent back to the detention school bythe Maricopa County Court. (1974). 165-175). The second hearing is for the purpose of determiningthe disposition of the case. However, juvenile delinquency goes beyond criminal behavior andincludes various "delinquent" acts. 11-12). Juvenile delinquency is a major social problem in the United Statestoday. Arizona law did not permit appeal of juvenile cases. Environmentalism, the notion that the child is a product of hisenvironment rather than a completely responsible agent and the cult ofyouth, or the "Child-centered culture," emphasizes the responsibility ofadults to children (American Bar Association & Institute of JudicialAdministration, 198 , p. 1 9). Confronting Youth Crime. Separate correctional facilities for children date back to 1825 withthe New York City House of Refuge for children that housed those childrenconvicted in the criminal courts. Juveniles suffer because eventhe most advanced states lack the full range of programs necessary to dealwith their needs -- and, in this environment, the courts are hard-pressedto make constructive dispositions. The nature of the social forces leading to the evolution of thejuvenile court are still the subject of some scholarly debate. Supreme Court, in Kent v. E. A written petitionhad to be filed with the clerk of the court. 5-6). The fact that community-based services are inadequateargues for a continued strong role for the juvenile justice system in doingwhat is best for the child (Schetky & Benedek, p. P. 379-38 ). Schetky, D. Juvenile Justice Standards. At a third hearing whichoccurred after Gerald Gault was released from the detention center, Mrs.Cook was again absent and the judge rejected Mrs. Gault's request to havethe neighbor called to testify as to who had done the talking over thephone. The judge never even talked to Mrs. Cook, with the only record beinga notation by the probation officer at the time of the arrest which notedthat the charge was "lewd phone calls" (Heaps, p. C. and Benedek, E. The purchase of alcoholic beverages by minors who use falseidentification or who enlist friends of legal age to buy alcoholicbeverages on the minor's behalf are also subject to arrest by local police. 32). Operation of the juvenile court began inCook County, Chicago, in June 1899. M. (1985). 53). However, this opinion came in the waningdays of the so-called liberal Warren Court, with Chief Justice Burgerdissenting from the opinion as being a strait-jacket on the juvenile courtsystem. This lack of formal rigor has led to much criticism of the broaddiscretion that the statutes permit criminal courts in dealing withjuvenile offenders. In 19 5, the case of Commonwealth v. 188-189). 53-54). ThePhiladelphia municipal court sent Holmes to a state training school. Though thereare broader cultural changes, among the most important of which arehumanitarianism -- stresses the "Brotherhood of man," and society'sresponsibility for its "problem children" and "unfortunates" of whatevervariety. The juvenile justice system is turning into the last resort forchildren who refuse or have not benefitted from thecommunity-based voluntary services. Probation for children dates back to the 1841 efforts ofshoemaker John Augustus, whose work led to official establishment ofprobation for children in Massachusetts in 1869. Child Psychiatryand the Law. Judicial reasoningbehind cases such as Gault was that juvenile justice system rhetoric aboutprotecting the child was not matched by actions. States have specificlaws restricting gang members from associating with each other. The first statute defining a delinquent child and creating a juvenilecourt was in Illinois in 1899. The child was to be treated in a manneras nearly as possible approximating parental treatment, which includedplacing the child in an improved family home. 156-16 ). In 1967 the U.S. Thus, McKeiver marks a shift in thinkingback to the informal juvenile justice system that dispensed with such legalniceties as due process. United States. The justice system with it's judges and city prosecutors take thewelfare of children very seriously, and minors and their parents are oftenheld accountable for their actions once they enter the justice system. Burger said that the juvenile justice system needs less, ratherthan more, legal procedure and judicial formalism (Streib, 1978, p. H. TheSupreme Court noted that the due process violations included the failure toconduct a hearing, lack of counsel and failure to state reasons fortransfer of the case. The judge hearing the case directed that Kent stand trial in anadult court on the basis of his age (l6 years); the fact that he wascharged with an offense punishable by life imprisonment or death withoutconsultation of attorney or mother and in disregard of psychiatricrecommendation that he be hospitalized raised concern. Ohio,which was heard by the Supreme Court in 1948. The Illinois Juvenile Court Act was unique inapplying equity jurisdiction to children who were delinquent (Hawes, 1971,p. While this suspension of due process was deemed inthe interest of the child, cases such as Gault pointed up the obviousinjustices that can arise when the judicial system operates with thedefendant being denied due process and appeal rights. Though the court limited its opinion to those cases where thejuvenile was charged with a crime that would also be a crime for an adult.The justices reasoned that a finding of delinquency which could result in ayouth spending several years without liberty required the reasonable doubtstandard of the Fourteenth Amendment. But the Supreme Court noted that fourconstitutional rights had been violated: 1.) privilege against self-incrimination, 2.) right to counsel, 3.) right to confrontation and cross-examination of witnesses, and 4.) right of notice of the charge ondelinquency. But the 1967 case of In re Gault went further in its examination ofdue process and the extent of rights denied to a juvenile on several courtlevels. Adults are suppose to be responsible enough torefrain from the use of profanity and to be able to use alcohol inmoderation. Haksell, M. Law-and- order type of judgesfeel that the new breed of juvenile has nothing but contempt for thepolice, case worker, probation officer and judge in the juvenile justicesystem since the rights controversy. The U.S. The juvenilealso gets council because he is not expected to know how to present hiscase in an effective manner and he is not qualified to cross-examinewitnesses. Hawes, J. Supreme Court in the Gault case did not act on the denial ofa right to a transcript of the proceedings or the right to appellate reviewof juvenile proceedings. In Holmes, the U.S.Supreme Court concluded that the juvenile courts were trying to salvage thedefendant and safeguard his adolescence rather than punish the 18-year oldHolmes who had been arrested riding in a car stolen by another youth. So compelling was this Supreme Courtdecision that many states had to alter their juvenile court laws to providemore protection for juvenile defendants. (1978). The future of the juvenile justice system in the United States islikely to parallel that which is happening in California and New York.Basically, the trend is towards having two hearings within the juvenilejustice system. The Court's decision in Gault made applicable tojuveniles many of the due process protections that had been previouslyreserved for adults. Though these critics seem more concernedwith expeditious court procedure than with the rights of defendants orjustice for the juvenile (Heaps, p. Supreme Court canrevise itself so radically, though the constitutionalized revisions to thejuvenile justice system remain in place. Justice Blackmun's plurality reasoned that all criminalprocedure rights need not be imposed on the juvenile justice system sincethis would allow the juvenile justice system needed freedom to experimentand achieve its highest potential. This case set the precedent forjuvenile courts acting in the best interests of the child, and thelegislature's establishment of the juvenile court was for that purpose. (Ed.). The reformers placed the welfareof the child ahead of the question of guilt or innocence. Children aged seven to fourteen years might be tried andconvicted if evidence contrary to the presumption that the children wereincapable offormulating an intent to commission of a crime could be presented by theprosecution (Haskell & Yablonsky, 1978, p. References American Bar Association and Institute for Judicial Administration.(198 ). (Eds.). Precedent setting cases have primarily resulted in establishingconsensus about how juvenile courts should operate, and what the purpose ofthe juvenile court is. San Francisco: R & E Research Associates. The 1966 Kent case marked a major change; as recently as 1955, in theHolmes case, the U.S. In re Winship in 197 , the Supreme Courtfound that proof beyond a reasonable doubt was essential to the due processand fair treatment demanded by the Gault decision in the adjudicatorystage. Thus, the courts in the juvenilejustice system are still in a position to assume their historicpreventative and rehabilitative functions. During a seven-hour police interrogation, Kent admitted theoffenses. In Santa Monica, California minors have legalcurfews where they are mandated by law not to be alone or with other minorson the street or outdoors after 1 p.m. Gault's mother learned what happened from neighborswhen she returned home from work, and the Galts then went to the Children'sDetention Home, where they were told that there would be a hearing the nextday. The Court found a largegap between the aspirations of social scientists and the implementation ofavailable social knowledge. Thus, the judge in the courtroom isbypassed. Actually, the Gault case goes back to the case of Haley v. The Children's Bureau exerted influence onthe development of juvenile courts throughout the United States. 14-22). It is defined as that behavior on the part of children which may,under the law, subject those children to the juvenile court laws. Douglas stated that the boy needed counsel to avoid fear andpanic since a boy of that age is not a match for the police. L. But theGaults' obtained assistance from the American Civil Liberties Union andfiled a petition of habeas corpus which required Gerald be brought before acourt of investigation of possible illegal imprisonment. 53-55). Many cities commonly use legalcurfews to prevent delinquent behavior of minors. However, the fact that a child labeled ajuvenile delinquent was stigmatized and deprived of liberty was not takeninto consideration. The original Juvenile Court Act which Illinois governor John Tannersigned into law on April 2l, 1899 is considered the most influential lawgoverning juvenile delinquents that has ever been passed in the UnitedStates. The factthat youth and the poor have little political power and the fact that faithin rehabilitation has declined may mean the courts are still the last hopefor many juveniles. The assumption was that the state could do no harm tothe child -- since the state was acting on behalf of its wards -- so thatdue process was not necessary. If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.