Up to within recent times juvenile offenders have been subjected to the
same laws and the same penalties as hardened criminals, and there is no
doubt but that a great many boys and girls who had broken some law or
local ordinance, often through carelessness or ignorance, were placed in
detention houses with older criminals and in this way became accustomed
to the criminal classes and frequently were induced to enter upon a life
of crime.
The prevailing idea of criminal law is to punish the offender for the
offense committed against the laws of the state. Modern social science
teaches that it is unfair to boys or girls of tender age to visit a
punishment of this sort upon them, especially when it may lead to a
continuance of crime, rather than to an avoidance of it in the future.
Consequently, with the introduction of the Juvenile Court system the
cases are taken out of criminal procedure and placed under the
jurisdiction of courts of equity. The trials are usually informal,
although the child has a right to a trial by jury in case he is accused
of a serious offense, and he has the right to legal counsel, if he so
desires. These rights, however, are very seldom exercised, inasmuch as
it is coming to be recognized that the judges represent an actual
attempt to do what is best for the child and do not represent in any way
the prosecuting power of the state.
The principal figure in a Juvenile Court is the judge of the court, and
wherever it is possible to do so, men especially trained in juvenile
psychology should be appointed to this office. A knowledge of children
and an understanding and appreciation of their feelings is necessary on
the part of the judge, and he should be a person of sufficiently
magnetic personality to win the sympathies of the children and to enable
him to gain their confidence. To what an extent the influence of a
single man may reach in the case of juvenile offenders and how far his
influence may prevent crime among children, is well seen in the case of
Judge Lindsey, of Denver, Colorado.
The second official in the court is the probation officer, who is under
the authority of the judge, makes the necessary investigations when
cases are reported to him, and presents the facts in the case to the
judge of the court. He also must look after the children who have passed
through the court to see that the sentences of the court are carried
out; and if the children are placed on probation under the guardianship
of relatives or friends, he must make visits sufficient in number and
often enough so that he can be sure that the best interests of the
child are being safeguarded, and if he finds the case to be otherwise,
to report the facts to the judge of the court.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account