9.3 History of the Juvenile Justice System
Alison S. Burke; Kate McLean; and Michelle Holcomb
The first juvenile court was created in Cook County, Illinois, in 1899, but the concept of a separate system for juveniles dates back to seventeenth-century Europe. The term parens patriae originated in the 12th century, with the English monarchy and literally means “the father of the country.” Applied to juvenile matters, parens patriae means the government is responsible for, and in charge of everything, involving youth (Merlo, 2019). Within the scope of early English common law, parents had the primary responsibility of raising their children in any manner they deemed fit. However, when children reached 7 years of age or committed a criminal act, chancellors, acting in the name of the king, adjudicated matters concerning the youth. The youth had no legal rights and were essentially wards of the court. As such, the courts were tasked with safeguarding their welfare. While parents were merely responsible for childbearing, the state had the primary and legitimate interest in the upbringing of the children (Merlo, 2019).
The concept of parens patriae had a substantial influence on events in the United States, such as the child-saving movement, houses of refuge, and reform schools. The persistent doctrine of parens patriae can be seen evolving from “king as a father” to a more general ideology, that of the state “acting in the best interest of the child.” Subsequent matters involving youth revolve around this notion of acting in the best interest of the child, whether children were taken away from wayward parents, sent to reform schools for vagrancy, or even held in institutions until they reached the age of majority. The idea is that the state is acting in their best interest, protecting the youth from growing up to be ill-prepared members of society. Thus, the courts may intervene for the youth’s own good.
In the nineteenth century, a popular understanding of children as vulnerable, and in need of special care, developed alongside the intertwined phenomena of urbanization, immigration, and industrialization. These forces gave rise to a flourishing number of abandoned, unsupervised, and/or impoverished children in major cities. Many times their parents – sometimes newly-arrived immigrants – were occupied for long hours by factory labor. In turn, the first house of refuge was established in New York City in 1824. Houses of refuge, more generally, were urban establishments used to corral youth who were roaming the street unsupervised or who had been referred by the courts (Merlo, 2019). These houses were not intended to house criminals but rather at-risk youth, or youth who were on the verge of falling into a life of crime because of their social circumstances. Because of the notion of parens patriae, many of the parents of these youth were not involved in the placement of their children in these houses. The case of Ex Parte Crouse is an example.
In 1838, a