ABSTRACT

The juvenile justice system was created to treat and shape youth offenders in a way that promoted positive development and encouraged law-abiding behavior. Judicial discretion of juvenile court judges permits extensive removal of youth from society and helps perpetuate a culture of injustice. The purpose of the juvenile court is to promote and preserve the welfare of the child. Houses of Refuge offered the first semblance of a juvenile justice system in America operated much like a prison, with many families losing all contact with their children. Reformers organized and began advocating for a separate system for juveniles that was actually interested in reforming youth by fostering discipline and work ethic. Due process protections should ensure that the court is acting in the best interest of the child because they protect the child from undue procedural harm and biases. The juvenile court process operationally differs from the adult criminal court.