A contribution to the history of the American juvenile court

Juvenile and Family Court Journal

Volumn 49, Issue 4, 1998, Pages 7-16

  Fox, Sanford J ^a  

^a NONE

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EID: 0032172457     PISSN: 01617109     EISSN: None     Source Type: Journal    
DOI: 10.1111/j.1755-6988.1998.tb00787.x     Document Type: Article

References (52)

1. The summary in this section is based on Sanford J. Fox, The Reform of Juvenile Justice: An Historical Perspective, 22 Stanford L. Review 1187 (1970).
2. See Robert Pickett, House of Refuge (1969).
3. In the 1860s, however, older and more serious offenders were admitted to the school, propelling towards a program of reform program focused on order and discipline and increasing unpopularity with judges and parents of inmates. See id. at 1215.
4. Quoted in Fox, supra note xx at 1214.
5. Laws of Feb. 13, 1863, §9, [1863] Ill. Private Laws 136, quoted in id p. 1213, note 134.
6. See Fox, supra note 1 at 1220.
7. See id at 1225.
8. 387 U.S. 1 (1967)
9. 387 U.S. at 15.
10. Julian Mack, The Juvenile Court, 23 Harvard Law Review 104 (1909). Judge Mack's use of a parens patriae theory in the ABA speech to sustain the informality of juvenile court delinquency proceedings was criticized five years later on the grounds that the theory had only been used to protect children, not to prosecute them. See Lindsey, supra note 1 at 143.
11. Julian Mack, The Juvenile Court, 23 Harvard Law Review 104 (1909). Judge Mack's use of a parens patriae theory in the ABA speech to sustain the informality of juvenile court delinquency proceedings was criticized five years later on the grounds that the theory had only been used to protect children, not to prosecute them. See Lindsey, supra note 1 at 143.
12. The information about Judge Lindsey's career is derived largely from Charles Larsen, The Good Fight: The Life and Times of Ben B. Lindsey (1972); Joseph M. Hawes, Children in Urban Society, ch. 12 (1971) and Ben B. Lindsey and Rube Borough, The Dangerous Life (1931).
13. The information about Judge Lindsey's career is derived largely from Charles Larsen, The Good Fight: The Life and Times of Ben B. Lindsey (1972); Joseph M. Hawes, Children in Urban Society, ch. 12 (1971) and Ben B. Lindsey and Rube Borough, The Dangerous Life (1931).
14. The information about Judge Lindsey's career is derived largely from Charles Larsen, The Good Fight: The Life and Times of Ben B. Lindsey (1972); Joseph M. Hawes, Children in Urban Society, ch. 12 (1971) and Ben B. Lindsey and Rube Borough, The Dangerous Life (1931).
15. Lindsey's successor on the Denver bench, Robert W. Steele however, emphatically rejected Lindsey's approach. A Denver daily is reported to quote him, upon taking the bench as saying, "'To have the necessary effect the statutes should be criminal ones.'" Lindsey and Borough sukpra at 282. See also Judge Steer's description of his court's procedures in The April Meeting and the Denver Juvenile Court, V The Denver Bar Association Record 1 (1928).
16. Lindsey's successor on the Denver bench, Robert W. Steele however, emphatically rejected Lindsey's approach. A Denver daily is reported to quote him, upon taking the bench as saying, "'To have the necessary effect the statutes should be criminal ones.'" Lindsey and Borough sukpra at 282. See also Judge Steer's description of his court's procedures in The April Meeting and the Denver Juvenile Court, V The Denver Bar Association Record 1 (1928).
17. Mack, supra note 6 at 119-120.
18. Id at 119. Sixty years later Judge Orman Ketcham described the juvenile court hearing as "compatible with, if not a part of the treatment process." Orman Ketcham, The Changing Philosophy of the Juvenile Justice System, XX Juvenile Court Judges Journal 59 (1969).
19. Id at 119. Sixty years later Judge Orman Ketcham described the juvenile court hearing as "compatible with, if not a part of the treatment process." Orman Ketcham, The Changing Philosophy of the Juvenile Justice System, XX Juvenile Court Judges Journal 59 (1969).
20. Gustav Schramm, The Judge Meets the Boy and His Family. In 1945 Yearbook of the National Probation Association 192.
21. William G. Long, The Relation of Juvenile Courts to Other Agencies, 35 Journal of Criminal Law 55, 57 (1944).
22. S. Glueck and E. Glueck, One Thousand Juvenile Delinquents (1934).
23. Healy & Bronner, The Close of Another Chapter in Criminology, 19 Mental Health 208 (1935).
24. People ex rel. O'Connell v. Turner, 55 Ill. 280, 287 (1870) ("In all criminal prosecutions against minors, for grave and heinous offenses, they have the right to demand the nature and cause of the accusation, and a speedy public trial by an impartial jury).
25. See note 8 supra.
26. The O'Connell case in Illinois in 1870 that condemned commitments without a procedurally sound criminal trial was soon recognized as a precedent not to be followed.
27. Edwin J. Lukas, More on the Children's Court and Cognate Matters, 3 The Record 331 (1948).
28. "But everything should not rest with the personality of the judge. While with the right man in the right place the very indefiniteness of his powers may be productive of immediate good, in the long run it will be just as unsafe as experience proved it to be in the criminal law." Edward Lindsey, supra note 1 at 147. SEE ALSO NOTE, "RIGHTS OF JUVENILES TO CONSTITUTIONAL GUARANTEES IN DELINQUENCY PROCEEDINGS", 27 COLUMBIA LAW REVIEW 968 (1927).
29. "But everything should not rest with the personality of the judge. While with the right man in the right place the very indefiniteness of his powers may be productive of immediate good, in the long run it will be just as unsafe as experience proved it to be in the criminal law." Edward Lindsey, supra note 1 at 147. SEE ALSO NOTE, "RIGHTS OF JUVENILES TO CONSTITUTIONAL GUARANTEES IN DELINQUENCY PROCEEDINGS", 27 COLUMBIA LAW REVIEW 968 (1927).
30. See e.g., Edmund B. Shea, The Children's Code and the Juvenile Court, 13 Marquette Law Review 208 (1929)
31. See e.g., Thomas D. Eliot, The Trend of the Juvenile Court, id at 149.
32. The people need to have the moral law dinned into their consciences every day in the year. The juvenile court does not do that. And to segregate a large share of daily crime into the juvenile court is to take a long step toward undermining the whole criminal law." John H. Wigmore, Juvenile Court vs. Criminal Court, 21 ILLINOIS LAW REVIEW 375, 377 (1926).
33. See, Juvenile Court Celebrates Thirtieth Birthday, 15 American Bar Association Journal 329 (1929).
34. "The essential philosophy of the court handling children's cases has been called "individualized justice." Standards for Juvenile and Family Courts 1 U.S. Children's Bureau Publication Number 437-1966.
35. David Bogen, "Justice Versus "Individualized Treatment" in the Juvenile Court, 35 Journal of Criminal Law 249,251 (1944).
36. In 1948 readers of the journal of the Association of the Bar of the City of New York were told: "The members of the Association are, or should be, familiar with at least two of the several pressing problems which affect seriously the Court's functioning: (1) the inadequacy of the budget which New York City allows the Court; and (2) the inadequacy of the program which services the Court for the temporary and long term care of children coming within its jurisdiction." Edwin J. Lukas, More on the Children's Court, and Cognate Matters, 3 Record 331, 331-32 (1948)
37. See Schramm supra note 13.
38. See e.g., American Friends Service Committee, The Struggle for Justice (1966); Marvin Frankle, Law Without Order (19??).
39. See e.g., American Friends Service Committee, The Struggle for Justice (1966); Marvin Frankle, Law Without Order (19??).
40. A. Deutsch, Our Rejected Children 15 (1950).
41. See e.g., Monrad G. Paulsen, Fairness for Juvenile Offenders, 41 Minn. L. Rev. 547 (1957)
42. Daniel L. Skoler and Charles H. Tenney, Jr., Attorney Representation in Juvenile Court, 4 Journal of Family Law 77 (1964).
43. See e.g., Standard Family Court Act (1959) jointly developed by the National Council on Crime and Delinquency. the National Council of Family Court Judges and the Children's Bureau; Standards for Juvenile and Family Courts, supra note 25; Legislative Guide for Drafting Family and Juvenile Court Acts, Children's Bureau Publication number 472-1969.
44. N. Y. Family Court Act (1962).
45. California Juvenile Court Act (1961)
46. E,g., vast numbers of juvenile court judges were both inexperienced and untrained. President's Commission on Law Enforcement and the Administration of Justice, The challenge of Crime in a Free Society XX (1967)
47. "There are things going on in the training schools of this country that would cause the Warden of Alcatraz to lose his job." Id at xx (quoting from criminologist Sanford Bates.)
48. See e.g., "While the juvenile court law provides that adjudication of a minor to be a ward of the court shall not be deemed a conviction of crime, nevertheless, for all practical purposes this is a legal fiction, presenting a challenge to credulity and doing violence to reason." In re Contreras, 109 Cal. App. 2d 787,789 2s Dist. 1952); Shioutakon v. District of Columbia, 237 F. 2d 666 (D.C. Cir. 1956).
49. Kent v. United States, xxx U.S. xxx(1966); In re Gault, 387 1 (1967).
50. Gault at 22.
51. E.g., In re Winship, xxx U.S. xxx(1970)(proof beyond a reasonable doubt required).
52. (Titles of volumes)