ABSTRACT

Chapter 1 begins by introducing the themes and issues of this book and the Supreme Court’s ruling in the Miller v. Alabama decision of 2012. That decision placed a prohibition on automatic and mandatory juvenile life without parole sentences. The development of our corrections system that has relied on incarceration is discussed and emphasizes that it was not until the creation of the juvenile court in 1899 that the justice system recognized in an official way that children were unique and needed their own court. The philosophy of the juvenile court is discussed and how that led to criticism of the juvenile court for going too easy on kids. Midway through the 20th century, there was a growing use of automatic waivers of juveniles into the adult criminal system. And by the end of the last century there was a phase when states passed legislation that, in effect, stripped away the unique status of juveniles, making it easier to prosecute young people in adult courts.