The Effect Of Landmark Supreme Court Cases

On Juvenile Justice Essay, Research Paper

4 February 2000

The Effect of Landmark Supreme Court Cases on Juvenile Justice

Thesis: In the past juvenile offenders were held to the same standards and sanctions as adult offenders. The juvenile justice system has changed in the past 100 years as result of several case laws.

I. Introduction

II. The first juvenile courts.

A. Parens Patriae

B. Uniform Juvenile Court Act

III. Kent v. United States

A. Brief

B. Result

IV. In Re Gault

A. Brief

B. Result

V. In Re Winship

A. Brief

B. Result

VI. McKeiver v. Pennsylvania

A. Brief

B. Result

VII. Breed v. Jones

A. Brief

B. Result

VIII. Schall v. Martin

A. Brief

B. Result

IX. Conclusion

Directed Study

4 February 2000

The Effect of Landmark Supreme Court Cases on Juvenile Justice

Three women simultaneously have their purse snatched on three different streets. The ages of the offenders are 12, 16 and 19 years. Police arrest all three. Will all three offenders be processed in the same manner. The answer is no. In the past, juvenile offenders were held to the same standards and sanctions as adult offenders. The juvenile justice system has changed in the past years as a result of several landmark U.S. Supreme Court decisions (Samaha 593).

During the England common law period, a child became an adult at age seven. Juveniles who violated the law were subject to the same punishments as adults. The punishment for violating the law included whipping, mutilation, banishment, and death. In the 1500.s, England passed statues known as poor laws. Poor laws provided overseers to govern destitute and neglected children as servants. Children were forced to work as adults in agricultural, trade, or domestic service. Sweatshops, mines, and factories were the three most common work places for children (Senna 622).

In the 1600.s and 1700.s the Elizabethan poor laws became the model for dealing with juveniles. These laws created a system of church wardens and overseers who identified delinquent and neglected children then put them to work. The Justice of the Peace gave the overseers and church wardens the consent needed in order to take control of the children (Territo 686).

One of the first courts during the Middle Ages to have some jurisdiction over juveniles were Chancery Courts. These courts normally had concerns only over property rights. However, the authority of these court extended to the guardianship of the children. These courts were founded on the idea that children were under the protection of the King. This was the idea that popularized the Latin word .parens patriae.. .Parens patriae. referred to the role of the King as the father of his country. This concept was probably used by the English kings to justify their intervention in the lives of children (Stinchcomb 504).

In 1899 Illinois passed the Juvenile Court Act that founded a uniformed juvenile system that eventually became the first model for other states to follow. By 1945, all states had a juvenile court act within their constitutions (Feld 11). The Uniform Juvenile Court Act was drafted in 1968 by the National Conference of Commissioners. The Uniform Juvenile Court Act was developed to encourage uniformity procedures, purpose, and scope (Cox 71).

The U.S. Supreme case that significantly changed the lower courts procedures in delinquency cases was Kent v. U.S. in 1966. Morris Kent was a 14 year old juvenile who was arrested in Washington D.C. for burglary in 1959. Kent was placed on probation and released to his mother. Two years later a woman was raped and robbed in a Washington D.C. apartment. Finger prints found at the scene matched Kent.s prints that were on file. Kent was 16 years old and was still under the jurisdiction of the juvenile court (Schmalleger 544).

Kent was taken into custody and confessed to police about the offense. Kent also confess to several other offenses. While Kent was in custody, psychological evaluations were conducted on him. The professionals that conducted the test determined Kent to be a victim of psychopathology. The juvenile court judge in the case did not confer with Kent.s mother. Kent.s attorney was also left out of any conference. The judge transferred Kent to adult court where he was subsequently convicted. Kent.s lawyers appealed ultimately to the U.S. Supreme Court (Rubin 146).

The U.S. Supreme Court reversed the decision of the district court and ordered that adequate hearings be provided for juveniles that were being considered for transfer to adult court. The court also ruled that juveniles were entitled to an attorney during the hearings, and the attorney would have full access to any records of the juvenile. The Kent decision was the beginning of due process in juvenile justice (Rubin 146).

Perhaps the most influential U.S. Supreme Court decision on the juvenile justice system was the Gault decision. In 1964 Gerald Gault and his friend, Ronald Lewis, were arrested in Arizona for illegally making obscene phone calls. Gault was on probation at the time for an earlier offense. When Gault and Lewis were taken into custody, Gault.s parents were not not

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