ABSTRACT
The juvenile justice system has come full circle. In the late eighteenth century, a child under the age of seven was considered incapable of criminal culpability, and was therefore immune from prosecution. In the early days of America, punishment for those who stepped outside the social bounds was notoriously harsh. Colonial America was infamous for its use of public admonishments, branding, confessions, sign wearing, and maiming. The concept of a separate juvenile justice system began with the urbanization and industrialization of the late nineteenth century. Some judges, frustrated with the court’s apparent inability to make substantial changes, have resorted to shaming in the hope that it will deter the juvenile and those who view the punishment from participating in criminal behavior. Despite the increased similarities to the adult system’s goal of punitive punishment, rehabilitation of the juvenile is an important goal of the juvenile justice system in many jurisdictions.
