Historical Development

            The juvenile justice system began more a little more than 100 years ago. Previously, children were treated and punished as adults as they were considered as ‘miniature adults’ (Wilding, 2011). However, after developments resulting from understanding child developments, the approach towards handling of children experienced significant changes. Some of the significant changes occurred in the progressive era where much immigration occurred and hence a rise in criminal activity (Wilding, 2011). The reason for the increase was attributed to children learning adult behaviors and practicing them.

Initially, the United States juvenile system was based on the English Bridge Institution that taught children trade and life skills. The reason is that they believed that criminal activities resulted from the social environment to which the children were exposed. Parents were responsible for controlling their children’s behavior. The law had no distinction of lawbreakers based on their age. All were treated as adults (Wilding, 2011). As such, there was no legal term known as delinquent.

The United States followed England law. Criminal codes applied to all individuals, children, and adults alike in the 19^th century. There were no separate courts or law, facilities for children who broke the law (Encyclopedia.com, 2020). With developments and the influx of population in urban areas later in that century, people became dissatisfied with the handling of children. For that reason, they called for the development of institutions that would help in handling children who showed immoral and indiscipline behavior.

Predominant Philosophy

            The predominant philosophy within the juvenile justice system is that crime-committing juveniles learn from the mistakes they make. More so, the justice system can rehabilitate them concerning the crime that they commit. Also, the philosophy revolves around the idea that juveniles who break the law can correct and learn from their mistakes. Instead of living criminal lives, minors are expected to make the right decisions that enable them to observe and live by the law (Hart, 2013). The juvenile system philosophy is about giving these children a second chance for them to correct their mistakes and lead meaningful lives.

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Differences Between Juvenile and Adult Justice Systems

            As the justice system treats the adults and juvenile system differently, some key points illustrate these differences. Juveniles who commit crimes are prosecuted for delinquent acts while adults are prosecuted for committing crimes. Juvenile courts are less formal as compared to those of the adult criminal system. The rules on evidence admission are more lenient in the juvenile justice system as compared to that of adults (Legal Match, 2020).

            The other key difference is about the goals. Whereas punishment is the goal of the adult criminal system, that of the juvenile system is rehabilitation, alongside doing the best for the minor. As such, there are various alternatives to jailing juveniles. Some include parole, diversionary programs, and probation. On the one hand, a juvenile is taken through adjudication hearing, without the jury, to determine if he or she is delinquent. On the other hand, adults undergo public trials in the presence of a jury to decide whether or not they are guilty (Legal Match, 2020).

Delinquency and Dependency

            The term juvenile delinquent is used to refer to a minor, typically within the age of 10-18, who has committed an offense. Such a minor will not stand a trial but instead go through an adjudication hearing to determine if they are delinquent. A juvenile dependency differs from the delinquent in the sense that it occurs when a child is not taken care of or has been hurt by the parents (Blair, 2016). Just like delinquency cases, dependency cases are heard in juvenile courts. Here, the judge has to take strict measures regarding who will take care of the child if he is removed from the troubled home environment. A social worker is usually present in most dependency cases, who is a person trained to protect children from harm and attain a better understanding of the issue surrounding the child (Blair, 2016).

Confidentiality in Juvenile Courts

            The presence of the public is typically allowed in most judicial hearings or proceedings. However, with juvenile courts, the case is different. In most cases, the proceedings are done in the absence of the public, allowing only family members, approved attendees, and relevant parties (Reid, 2011). There are various reasons behind such measures. First, confidentiality helps to protect the reputation and the integrity of the juvenile offender. It helps the family and the offender to avoid the stigma that may arise from the public knowing the crime details.

The other logic behind confidentiality in handling juvenile cases is about the offender’s future. Usually, the criminal records of the offenders are kept confidential. The reason is that once the rehabilitation process is over, the confidentiality of these records helps in ensuring that the future, be it employment or education, is not affected (National Juvenile Justice Network, 2016). With confidentiality, the offender finds it easy to agree to charges and beginning the process of rehabilitation. Another reason is the general fact that family matters are usually personal and extremely sensitive. It may involve children testifying about the family members, as well as custody disputes, among other issues. Therefore, it is crucial to maintain the confidentiality of these records to prevent the public from digging and accessing the family details, using them to damage the reputation and negativity of the parties (National Juvenile Justice Network, 2016).

References

Blair, P. (2016, May 4). Juvenile Delinquency vs. Juvenile Dependency. Retrieved March 25, 2020, from The Law Office of Peter Blair: https://www.blairdefense.com/juvenile-delinquency-dependency/

Encyclopedia.com. (2020, March 3). Juvenile justice: History and philosophy. Retrieved March 25, 2020, from Encyclopedia.com: https://www.encyclopedia.com/law/legal-and-political-magazines/juvenile-justice-history-and-philosophy

Hart, J. T. (2013, June 4). Development and Philosophy of the Juvenile Court. Retrieved March 25, 2020, from Jthart Consulting: https://jthart.com/weblog/development-and-philosophy-of-the-juvenile-court

Legal Match. (2020, January 15). Juvenile vs. Adult criminal system. Retrieved March 25, 2020, from Legal Match: https://www.legalmatch.com/law-library/article/juvenile-vs-adult-criminal-system.html

National Juvenile Justice Network. (2016, August 4). Confidentiality of youth in the juvenile justice system | Policy platform. Retrieved March 25, 2020, from National Juvenile Justice Network: http://www.njjn.org/our-work/confidentiality-of-youth-in-the-juvenile-justice-system–policy-platform

Reid, S. (2011, April 21). Reasons for confidentiality in juvenile proceedings. Retrieved March 25, 2020, from Legal Beagle: https://legalbeagle.com/8260686-reasons-confidentiality-juvenile-proceedings.html

Wilding, A. (2011, June 1). Juvenile justice system stems from 1899 Illinois law. Retrieved March 25, 2020, from Times-News: https://www.times-news.com/news/local_news/juvenile-justice-system-stems-from-illinois-law/article_a8065591-44a4-5b65-aa2a-bbbbed931e02.html