The common law conclusively presumed that children younger than seven years of age lacked criminal capacity, while those fourteen years of age and older possessed full criminal responsibility. Between the ages of seven and fourteen years, the law rebuttably presumed that offenders lacked criminal capacity. If found criminally responsible, however, states executed youths as young as twelve years of age. Historically, when the criminal justice system confronted a child offender, it faced the stark alternatives of criminal conviction and punishment as an adult, or acquittal or dismissal.
Jury or judicial nullification to avoid excessive punishment excluded many youths from any controls, particularly those charged with minor offenses. The evolution of parens patriae in the United States had its beginnings when early juvenile courts began to recognize as important the role of the parent in meeting the physical, emotional, and educational needs to the child. The court, it was thought, had the right to intervene in cases where the parents were unable or unwilling to provide for the child.
This doctrine was expanded to address circumstances where the child was at risk for criminal behavior. As a result, a system of rehabilitative treatment programs was developed for youth deemed at risk, with the goal being that they grow up and become productive adults. In this way, the parens patriae model allowed the court to serve as surrogate parents for wayward children. The first juvenile court was established in Chicago in The goal of this juvenile court was to protect neglected children and rehabilitate delinquent children.
Under this principle, the state has the power to intervene in cases if the child has not reached full legal capacity. The concept of parens patriae in the U. What are the five periods of juvenile justice? What does the term parens patriae mean? Parens Patriae is a doctrine that permits the state, power and authority to protect individuals who are deemed legally unable to act on their own behalf. In Latin, the term Parens Patriae means father of the country. Parens patriae is often used in child custody cases involving neglect or child abuse.
What is the history of juvenile delinquency? In , the first juvenile court was established in Illinois. The establishment of the Juvenile Court Act of was a major movement in the juvenile justice system. How juveniles were punished for crimes in which they committed, was a lot different than the punishment handed down to adult offenders.
Why was the criminal justice system created? The History of Corrections in the U. While many aspects of the United States criminal justice system originated in England, the use of jails and prisons to punish criminals is largely an American invention.
Many humanitarian groups concerned with the use of corporal punishment called for reform of the penal system. Why do we need a juvenile justice system? The primary goals of the juvenile justice system, in addition to maintaining public safety, are skill development, habilitation, rehabilitation, addressing treatment needs, and successful reintegration of youth into the community.
When did juveniles become tried as adults? In Kent v.
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