THE MODERN APPROACH BY SOCIETY TO JUVENILE CRIME

Modern Approach By Society To Juvenile Crime And Its Punishment

Modern Approach By Society To Juvenile Crime And Its Punishment

Introduction

Juvenile reformatories have been one of the ideological and programmatic cornerstones of the American juvenile justice system since the first House of Refuge opened more than 175 years ago. However, an examination of the origin, development, operation, and impact of key reformatories, as well as the general contours of the movement as a whole, reveals that the purpose, structure, and character of juvenile correctional institutions have changed over time.

The Contemporary Reformatory Period

The movement to shut down juvenile reformatories was, however, short-lived. The country moved in a more conservative direction in the 1970s. Sustained criticisms of the government gradually abated. Conservatives and liberals increasingly denounced diversion and deinstitutionalization programs, but for a variety of conflicting reasons. The popularity of labeling theory, one of the key theoretical foundations for attacks on reformatories and support for community based corrections, faded. Academicians, politicians, and the public increasingly supported more conservative theories of crime and delinquency, especially classical theory. Advocates of this perspective believed that adult and juvenile offenders were free, rational, and hedonistic actors who needed and deserved punishment. Juvenile reformatories and adult prisons were, then, necessary for deterrence and social defense.

The election of Ronald Reagan to the presidency in 1980 reflected and reinforced these trends. Conservative administrators at the Office of Juvenile Justice and Delinquency Prevention called for a new “get tough” approach to delinquency. Juvenile justice policy-makers at the federal and state levels called for and implemented a variety of delinquency prevention and control strategies based on classical theory. More specifically, the call for punishment and deterrence led to a war on chronic juvenile offenders, reductions in diversion and deinstitutionalization programs, more juvenile waivers to adult courts, increasing use of restitution programs, longer sentences for juvenile offenders, and finally, more juvenile reformatories. These conservative strategies have continued to guide American juvenile justice policy through modern presidential administrations.

The 1960s—A Period of Change

The 1960s was a pivotal decade in the history of American society. Protests against the Vietnam War, the civil rights movement, urban riots, the drug crisis, and perceived increases in crime and delinquency presented serious challenges to the legitimacy of political, social, and economic institutions. These criticisms carried over to the criminal and juvenile justice systems. Labeling theorists raised the possibility that the justice system could actually make juvenile and adult offenders worse. The President's Crime Commission's Task Force Report: Juvenile Delinquency and Youth Crime , written in 1967 by some of the country's most respected experts on crime, lashed out at the juvenile justice system. The report charged that juvenile courts were run by incompetent judges who were making arbitrary, capricious, and harmful decisions. They went on to charge that juvenile reformatories—the historical foundation of the juvenile justice system for more than 130 years—were providing little treatment and reform. In fact, juvenile correctional institutions were miniature prisons and schools of ...