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Juvenile Offenders and the Juvenile and Adult Courts (From Kids Who Commit Adult Crimes: Serious Criminality by Juvenile Offenders, P 149-162, 2002, R. Barri Flowers, -- See NCJ-197664)

NCJ Number
197676
Author(s)
R. Barri Flowers
Date Published
2002
Length
14 pages
Annotation
This chapter reviews the origins of the juvenile justice system, landmark U.S. Supreme Court cases pertinent to juvenile justice, juvenile court policies toward serious juvenile offenders, and serious juvenile offenders under the jurisdiction of the criminal court.
Abstract
The first formally established juvenile court was in Cook County, Illinois, in 1899. The Illinois Juvenile Court Act applied parens patriae (the court acting as a benevolent parent) in relation to juveniles coming before the juvenile court. The concept of the juvenile court was quickly established in other States, such that by 1910, juvenile court or probation provisions had been adopted in 32 States. Early juvenile courts were concerned primarily with helping and protecting children, particularly lower class youth, who manifested problem behaviors. Between the 1960's and 1980's, a series of landmark U.S. Supreme Court decisions had a dramatic impact on juvenile rights and the juvenile justice system. These decisions resulted in a shift from a juvenile court philosophy based on the parens patriae doctrine to an approach that gives equal consideration to guaranteeing juveniles their constitutional rights; responding to their need for treatment guidance, rehabilitation, or punishment; and acting in the community's best interest. Six of these cases are briefly reviewed in this chapter. The number of serious, chronic, and violent youths being processed by the juvenile court has increased sharply in recent years. Male and Black youths are disproportionately likely to be involved in serious delinquent offense caseloads of the juvenile court. Delinquency cases formally processed by juvenile courts are most likely to involve older youths and juveniles with a history of juvenile court involvement. Although the vast majority of juvenile offenders remain under the original jurisdiction of the juvenile court, recent trends in dealing with serious, violent, and chronic youthful offenders have resulted in more juveniles being transferred to the adult criminal court for adjudication and disposition. Between 1987 and 1996, petitioned person-offense and drug-offense delinquency cases judicially waived from juvenile to criminal court increased 125 percent and 124 percent respectively. 4 tables and 1 figure