Patria Postestas In The Juvenile Justice System

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Running Head: HISTORY AND PHILOSOPHY 2A system for youthful offenders is relatively known and there should be an understanding of how it became about, along with the challenges that it has. Inearly societies, social control was maintained by severe punishments and both children and adults were tried and punished in the same way. In Roman culture, men were the heads of their families and they were able to use corporal punishment. Patria postestas, a basic principle in the juvenile justice system refers to the absolute control fathers had over their children and the children's absolute responsibility to obey. The developments in England influenced the juvenile justice system in the United States. The laws of King Aethelbert made no…show more content…
By the thirteenth century, kings were considered "father of his country". This gave the king the right and responsibility to care for children. The first institution to control youthful beggars was London's Bridewell Prison. England passed poor laws that established the appointment of overseers to indenture poor and neglected children into servitude. The juvenile justice system came about through five periods: the Puritan Period, the Refuge Period, the Juvenile Court Period, the Juvenile Rights Period and the Crime Control Period. During the Puritan Period(1646-1824), Massachusetts passed the Stubborn Child Law, creating the first status offense, an act considered illegal for minors only. Juveniles were controlled by family, the church and other institutions. During the Industrial Revolution, indenture and apprenticeship, mixed almshouses, private orphanages, public facilities for dependent children and jails were created to help children learn good work and study habits. Also, during this time, the word juvenile delinquencywas linkedto poverty. The Refuge Period (1824-1899) created houses of refuge, reform schools and foster…show more content…
The Uniform Juvenile Court Act provided youth development with care and protection by not being labeled as a criminal. The Juvenile Justice andDelinquency Prevention Actwas created during the Juvenile Rights Period.This act involved deinstitutionalization of status offenders and separation or removal of juveniles from adult facilities. Other cases involving juvenile rights during the Juvenile Rights Period include: The Winship Decision:Standard of Proof in Juvenile Proceedings, the McKeiver Decision: No Right to a Jury Trial and the Breed Decision: Double Jeopardy. During the Crime Control Period (1980-Present), President Carter recommended a34% increase in funding for the Office of Juvenile Justice and Delinquency Preventionto remove juveniles from jail. The terms deterrence and deserts came about during this period. Deterrence is the use of punishment or the threat of other sanctions to prevent future law breaking by showing that there are consequences for such behavior. Deserts is a concept of punishment as a kind of justified revenge, meaning the offending individual gets what is coming to him or her. An important case during this time was Schall v. Martin.It involved preventive detention. Preventive detention is the confinement of an accused juvenile delinquent prior to trial if thereis a substantial probability that they will not appear in court

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