origin of juvenile court

Question 1

what city did the court first develop in what was going o nat the time

Answer 1

• chicago
• undergoing rapid population growth
• still ran by “old heads” who believed that the juvenile problem was caused by ineffective parents, temptations of the street, and weak morals
• could no longer use house of refuge due to o’connell ruling

Question 2

atavists and how ideals reinforced beliefs of those in power

Answer 2

• cesare lombroso suggested that criminals were evolutionary throwbacks (atavists)
  served to scientifically reinforce what those in power already believed, that they are superior, both biologically and intellectually, to the new immigrants of the city

Question 3

influence of women in setting up the courts

Answer 3

• typically came from powerful Chicago families (shared many of the same views as powerful men, extremely wealthy)
• started working with children slums directly, but eventually became more politically involved

Question 4

chancery courts

Answer 4

• dealt with how to administer the property to orphans who were too young to be responsible, supposed to have the best interest of the child in mind
• solution was to define juvenile courts as a chancery court rather than a criminal court, enabling courts to continue using the notion of parens patriae
• chancery courts do not punish but rather do what is in the best interest of the of children

Question 5

actus rea

Answer 5

the action

Question 6

mens rea

Answer 6

the criminal intent

Question 7

two elements of crime

Answer 7

actus rea and mens rea

Question 8

how did the legislature define who was under jurisdiction of juvenile court

Answer 8

• began by establishing that juvenile court has jurisdiction over any child who commits an act that would be criminal if they were an adult
• added to legislation that juvenile court has jurisdiction over destitute, homeless, abandoned, dependent on public support, those without proper parental care, those neglected, etc.

Question 9

distinguishing juvenile court from criminal court

Answer 9

• criminal court conveys fault, guilt and punishment while juvenile court conveys concern, helping, and caring
• criminal court uses the word indictment= formal written accusation, while juvenile court uses petition= formal request for court to look at case
• criminal court uses arraignment= where charges are formally read, while juvenile court uses intake hearing= indicates a case is to be opened
• criminal court uses state v defendant= suggests the state and defendant are against each other, while juvenile courts uses in re. “juvenile”= in the matter or
• criminal uses trial, juvenile uses adjudication
• criminal uses pre-sentence investigation, juvenile uses social history report
• criminal uses sentence, juvenile uses disposition

Question 10

What is meant by “coercive treatment” and how does it differ from adult system

Answer 10

the criminal court used coercive punishment while the juvenile court used coercive treatment
- coerced into treatment for failing to adapt to social conditions

Question 11

frank fisher case

Answer 11

• similar to Mary Ann crouse and Daniel o’connell case
• courts ruled that fisher could be detained until his 21st birthday, making the same argument as the crows case

Question 12

why did the juvenile court become so popular?

Answer 12

• presented as a novel idea to help juveniles in need while bypassing issues based by the o’connell case
• instead of being potential pauper was refrained as dependent and neglected youth
• emphasis on good intentions of the juvenile court
• moral and intellectual superiority of those in power