History of the Juvenile Justice System

America incarcerates more juveniles than any country in the world. To understand how we got here, let's first examine the evolution of the juvenile justice system.

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- [Walter] America's
criminal justice system

has never treated all citizens equal.

To understand how we got
here we need to take a look

at the evolution of the
juvenile justice system.

[Police Sirens]

Back before the American revolution,

the colonies followed
the common law of England

when it came to criminal justice.

This means that children were
held accountable as adults.

In 1646 Puritans in Massachusetts

enacted a statute called
the Stubborn Child Law.

This made child disobedience
a capital offense

allowing a death penalty option.

But then things started to change.

In the 19th century the
idea emerged that children

should be taken care of by the state.

This notion ultimately empowered

the state to serve as a guardian.

In 1825 the New York House of Refuge

opened for juveniles only.

They were called delinquents

that distinguished them from criminals.

Reformers stressed that
delinquents could be reformed

and if properly supported

they wouldn't turn into
lifelong criminals.

In 1899 Chicago Reformers,

also known as child savers,

many of them disenfranchised women,

decided to fight for the defenseless.

One reformer,

Lucy Flower,

had been an orphan herself.

The child savers pushed for the creation

of the first ever juvenile court.

This wasn't like a regular court.

There was no jury.

The judge didn't look down from a bench

but sat at a desk.

Julian Mack,

one of the first such judges,

said a kid should be made to feel

that he is the object of
its care and solicitude.

This court was the first of
its kind anywhere in the world.

Kids didn't get prison time,

but instead were put in institutions

or programs like parents.

The court tried to steer kids

toward becoming responsible adults.

Within 25 years most states
started to think the same thing.

Juvenile courts popped up everywhere,

even in other countries.

But for children of color
things were different.

They were sometimes banned
from houses of refuge,

or juvenile detention centers.

And when convicted they were

more likely to be placed in adult prisons.

Under Jim Crow laws,

some cities like Memphis established

separate juvenile courts
for kids of color.

A police officer,

not a judge,

presided over this court.

After World War 2 Americans seemed

to relish the concepts
of liberty and justice.

The civil rights movement
was well under way.

Activists began to realize that,

while juvenile courts were
designed to be less punitive,

they didn't provide the
constitutional rights

enjoyed by adults.

In 1967 for instance,

15 year old Gerald Gault
was accused of making

an indecent phone call to a neighbor.

Gerald was arrested without
anyone informing his parents,

no record was made of his
appearance before a judge

or the neighbor who complained,

Gerald was committed to a
state school until he was 21.

An adult with the same
charge might have received

a $50 fine and two months incarceration.

Gerald's parents brought his
case to the Supreme Court.

In 1967 that August the
body ruled the juveniles

were entitled to due process.

Then in the seventies America started

rethinking its criminal justice system.

Crime had spiked,

including juvenile crime,

and in 1978 New York City passed

the Juvenile Offender Act.

A law that made it possible to try kids

as young as thirteen in adult
court for murder charges.

And as young as fourteen
for other violent crimes,

like assault and robbery.

That law caused states across the country

to reinterpret who could enter

the prison system as an adult.

They were afraid that a new
breed of super predators

would sweep over the nation.

Today America incarcerates more juveniles

than any country in the world.

Every day 53'000 children are locked up.

That's more than a sold out crowd

at a Major League baseball game.

Nearly 60% of these children
are black or Latinx.

Today certain rights,

like the 6th amendment and
the right to a speedy trial

or a trial by jury remains
only applicable to adults.

Advocates have succeeded in
getting almost all states

to raise the age at which you
are considered an adult to 18.

But if you commit certain severe crimes

you can still be tried as an adult

in the adult court and serve adult time.

[Sad Music]

- What up y'all?

This is Felice Leon with The Root.

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