Describe the development of juvenile justice in the juvenile courts since the beginning of the 20th century. Include some cases decided by the Supreme Court in the 1960s and 1970s that altered the system.

Question

What will be an ideal response?

Answer 1

In its early form, the juvenile court movement provided youths with quasi-legal, quasi-therapeutic, personalized justice. The court was paternalistic and looking out for the "best interests of the child." Attorneys were not required, hearsay evidence was commonly employed, and children were encouraged to admit their "guilt" in open court. Verdicts were based on a "preponderance of evidence" instead of "beyond a reasonable doubt." This changed in the 1960s and 1970s when the Supreme Court issued a series of decisions that established the right of juveniles to due process of law. The Court established that juveniles had the same rights as adults in areas of trial process, including the right to confront witnesses, notice of charges, and right to counsel. Kent v. United States established that a child has the right to an attorney, Fare v. Michael C. held that a child has the right to protection of the Miranda decision, and In re Winship determined that the level of evidence for a finding of juvenile delinquency is proof beyond a reasonable doubt. In addition to these decisions, Congress passed the Juvenile Justice and Delinquency Prevention Act of 1974 and established the federal Office of Juvenile Justice and Delinquency Prevention. This legislation was enacted to identify the needs of youths and fund programs in the juvenile justice system.