Evolution of the American Juvenile Justice System Term Paper by Nicky

Evolution of the American Juvenile Justice System
An overview of the criminal justice system in the U.S., with a focus on juvenile offenders.
# 145517 | 2,779 words | 5 sources | APA | 2010 | US

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The paper explains the parens patriae approach to juvenile delinquency and focuses on the important cases that helped to reshape this approach in nineteenth century America. The paper then looks at the Supreme Court's decisions in the second half of the twentieth century and how they also changed the administration of juvenile criminal justice. The paper explores the problem of drug abuse and how it raises serious issues about the appropriateness of the due process model of criminal justice administration. The paper discusses the idea of conceptual reform and presents the opinion that sentencing guidelines should allow judicial discretion to impose community-type corrections instead of institutional confinement, especially in cases involving juvenile offenders.

Parens Patriae vs. the Due Process Model
The Supreme Court and Juvenile Justice Administration
The Unique Problem of Drug Abuse in Society and Juvenile Justice
Conceptual Reform

From the Paper:

"The parens patriae model dates back to the Roman Empire and in more modern times, to British justice system. In principle, it refers to the substitution of the King or the State for the parents of children who are incapable of being controlled by their parents (Schmalleger 2008). Under the doctrine of parens patriae, government authorities adopt the responsibility for controlling, disciplining, and punishing children in the place of their parents.
"According to the way that parens patriae was employed in the early nineteenth century America, the state sometimes assumed this role in cases where no acts of criminality were involved, such as where the basis of the state's involvement was vagrancy or parental disobedience. This raised a fundamental conflict with the American constitutional principle of due process."

Sample of Sources Used:

  • Dershowitz, A. M. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown & Co.
  • Friedman, L. M. (2005). A History of American Law. New York: Touchstone.
  • Pinizzotto, A., Davis, E., Miller, C. (2007). Street Gang Mentality: A Mosaic of Remorseless Violence and Relentless Loyalty. FBI Law Enforcement Bulletin, Sep. 2007: 1-7.
  • Schmalleger, F. (2008) Criminal Justice Today: An Introductory Text for the 21st Century. New Jersey: Prentice Hall
  • United States Sentencing Commission (2007) Guidelines; May/07. Retrieved December 16, 2008, from: http://www.ussc.gov/NEWSLETT/may2007.pdf

Cite this Term Paper:

APA Format

Evolution of the American Juvenile Justice System (2010, November 14) Retrieved December 08, 2023, from https://www.academon.com/term-paper/evolution-of-the-american-juvenile-justice-system-145517/

MLA Format

"Evolution of the American Juvenile Justice System" 14 November 2010. Web. 08 December. 2023. <https://www.academon.com/term-paper/evolution-of-the-american-juvenile-justice-system-145517/>