ABSTRACT
This chapter provides a succinct historical perspective of juvenile justice within America. The English Poor Laws and related practices are examined. In the early years of the nation, much of the system pertaining to juvenile jurisprudence was influenced by and grounded upon English common law. Children had virtually no legal rights and were often tried and incarcerated with adult offenders. During the 19th century the plight of vast numbers of abused, homeless, neglected, and orphaned children gave rise to the Children’s Aid Society, the House of Refuge, and other child saver movements. Many were founded by social activists and philanthropists. On July 1, 1899 the Illinois Juvenile Court Act established the first juvenile court located in Chicago. This court and those that followed (by 1925 all but two states had juvenile courts) were guided by the principles of reform and rehabilitation. For the first time children were recognized as a discrete class of citizenry. The chapter reviews the advent of due process rights for juveniles emanating from landmark Supreme Court decisions of the sixties and seventies. Kent v. U.S. (1960), In re Gault (1967), and other precedent setting cases are discussed. The chapter concludes with an assessment of the overrepresentation of minorities and the poor within the juvenile justice system.
