Lesson 1 Student/Youth Due Process

Lesson 1: Student/Youth Due Process

Topic:

How should juveniles who violate the law be treated?

Background:

Over the last thirty years, most of the issues surrounding youth and the law have been played out in the various courts throughout the United States. Our understanding of this subject comes from the study of legal precedent and in some instances legislative history. Juvenile justice was being administered long before the courts first tackled its troubling issues. This early history of the juvenile justice system is an integral part of understanding the legal standards we apply today.

When the nation was young and newly formed, children had very few rights. Except for a privileged few born into backgrounds of advantage, children were treated as possessions, bound in servitude at whim and beaten severely for acts of disobedience. Child welfare advocates began to organize and soon had enough strength to rally for change. While modern commentators cast doubt upon the success of the early reforms, at least some of that philosophy has had a significant role in the development of the modern system.

From the beginning, the use of the terms "crime and punishment" in juvenile justice was abandoned. Juveniles were to be rehabilitated, not punished. Enlightened child welfare advocates believed that the only way to achieve this result was to create a separate system for juveniles, one which would protect the young offender from the harsh technicalities of the adult forum. The function of the state was largely custodial in nature. Children were to be housed and cared for by the state to rescue them from a future of crime, poverty and neglect. They were to be confined in juvenile facilities in an environment that was to be unlike that of an adult prison. But conditions in facilities were sometimes more inhumane than those of the adult institutions. In reality, little progress had been made in improving the lives of children.

The reforms were not a complete failure, however. Child welfare advocates continued to support the notion that a separate juvenile justice system was the appropriate path to reform. This led to the establishment of the first juvenile court in Illinois. Now, nearly one hundred years old, this institution remains a vital part of the American legal system.

This lesson provides students with a summary analysis of juvenile justice before the twentieth century. The philosophy underlying the early reforms is explored and students are asked to complete a survey revealing their own feelings about how juveniles should be treated. Students can then use this information to evaluate the effectiveness of the juvenile justice system based on their individual views and attitudes.

Objectives:

Given a reading and timeline describing how juvenile offenders and juveniles in general were treated in the United States before the twentieth century and a survey discussing attitudes about the treatment of juveniles, students will be able to:

Explain how the treatment of juveniles evolved before the twentieth century.
Take positions on the treatment of juvenile offenders based upon personal beliefs, values and knowledge.

Materials:

Handout 1A "Juvenile Justice Timeline"

Handout 1B "Project Legal Times article"

Handout 1C "Attitudinal Survey"

Time Required:

1-2 class periods

Procedures:

Distribute Handout 1A and 1B "Juvenile Justice Timeline" and "Project Legal Times article." Have students study the timeline, read the article and complete the exercise. After completing the exercise, have students explain their answers to the following questions:

How were young offenders treated before 1800? Why do you think they were treated this way?
How did treatment of juvenile offenders change between 1800 and 1900? Why do you think these changes occurred?
According to the article, why did the "child saving movement" begin?
Should juveniles have separate facilities from adults? Why? Why not?
Should juveniles have a separate court from adults? Why? Why not?
Do you feel that juvenile offenders have many more rights today than their predecessors did? Explain
Do you think juvenile offenders should have more rights than they presently do? What additional rights do you think they should have? Explain.

Distribute Handout 1C "Attitudinal Survey." Have students complete the survey. After students have completed the survey, they should team up with a partner and determine how many items in the survey they can agree upon. Briefly tabulate the results with the class. Then have students explain their answers to the following questions by referring to particular questions in the survey and the responses they gave.

Should all juveniles be treated the same? Why? Why not?
If you were accused of criminal conduct, would you want to be treated as an adult or a juvenile? Explain.
If you were a victim of a crime committed by somebody your own age, would you want that person to be treated as an adult or a juvenile? Explain.
Since studies show that juveniles-are more prone to crime than adults, should juveniles receive harsher punishments than adults? Why? Why not?
Do you think juveniles should be given certain rights only if they behave a certain way? Explain.
Do you think juveniles will receive greater or fewer rights in the future? Explain.

Performance Assessment:

Present two cases describing the behavior of 16 year old teens.

Case I: Jenny is constantly running away from home and disobeying her parents.

Case II: Joseph has robbed and beaten a number of elderly people.

Based on the information in the article, show how these two youngsters would have been treated in the early juvenile justice system before the twentieth century?
After completing the above task, have students write an editorial discussing how they think these two youngsters should be treated.

Further Enrichment:

Based on multiple intelligence theory

Linguistic: Students write an article supporting or opposing separate courts for juveniles.

Logical Mathematical: Study recent statistics on juvenile crime and evaluate them against the tabulated results of the student survey.

Musical: Have students listen to and discuss music (especially recent rap music), which has been criticized for encouraging juvenile crime.

Intrapersonal: Tell students to think about their responses to the survey. Ask them how they would feel if all juveniles were treated like adults. Then ask them how they would feel if only juveniles who committed serious crimes were treated like adults.

Interpersonal: Small groups of students should discuss whether they think juveniles should have separate facilities from adults.

Spatial: Design and diagram an appropriate facility for juvenile offenders.

Kinesthetic: Replicate an intake hearing for a juvenile.

Handout 1A: STUDENT/YOUTH DUE PROCESS

JUVENILE JUSTICE TIMELINE

Before 1900

Before 1800: Children brought to America for purposes of labor

1825: Opening of New York House of Refuge

1838: Ex parte Crouse 4 Whart.9 (Pa. 1838) Doctrine of parens patriae

1855: Establishment of Chicago Reform School

1870: People ex ref. O'Connell v. Turner 55 Ill. 280, 8 Am. Rep. 645 (1870)

1870-1899: Reform movement or child saving movement

1899: Illinois Juvenile Court Act

Handout 1B: STUDENT/YOUTH DUE PROCESS

THE PROJECT LEGAL TIMES

September, 1899

Kids Get Their Own Court

Illinois Juvenile Court Act, First of Its Kind

Yesterday, a bill was passed by the Illinois legislature that will affect every person under the age of 21 in this state and perhaps in the nation as well. If the idea catches on, juveniles will soon have their very own forum to address serious problems like delinquency, criminal conduct, poverty and neglect.

The concept of a separate juvenile court has been long in the making. Before 1800, when America was in its infancy, children were treated no better than cattle. Brought for purposes of labor, they were kept in that situation until the age of 21. Punishment for all types of crime was severe. Children over the age of seven were routinely subject to corporal punishment, public whippings, jail sentences in adult prisons and even the death penalty. Many people were shocked and demanded an end to the cruelty. But reform was slow and not altogether successful. Nearly a century would pass before the current legislation would become law.

It is not insignificant however, that this new law has its roots in earlier attempts at reform. In 1825, the New York House of Refuge opened its doors. Some believe this was the first great event in child welfare. A separate facility was created to house juveniles who committed minor offenses, suffered from poverty or were in need of supervision. Serious offenders remained in the adult system. The Chicago Reform School soon followed. Whereas the House of Refuge emphasized education and religion, the Reform School was patterned after a family environment unlike the traditional institution. In establishing these facilities, the state was viewed as the common guardian of the community and the confinement of juveniles was deemed to be in the best interests of the child and the community. This doctrine known as "parers patriae" was adopted in the rulings of state courts and later modified so that poor and neglected children would be housed separately from youthful offenders. Despite these efforts, the benevolent hand of the state had little real impact on the suffering of children.

Why the early reforms failed is not entirely clear. The reformers had noble intentions, but little support to carry out their mission. The reality of the House of Refuge and the Reform School was in stark contrast to the original concept. Conditions in juvenile facilities were terrible and punishment for infraction of the rules was severe. A new movement emerged to correct the injustices borne out of the original reforms. Known as the child saving movement, the current legislation is a direct outgrowth of this important work.

Will the current legislation be the reform we are looking for? The goal of the new system is to help the youth of America become productive citizens as adults. It is debatable whether a separate juvenile justice system is necessary to accomplish this goal. To be sure, this is landmark legislation that marks the beginning of a new era for youth and the law.

Exercise

Write a short editorial in response to this article discussing why you support a separate Juvenile Court.

Write a short editorial in response to this article discussing why you oppose a separate Juvenile Court.

Editorial Supporting a Separate Juvenile Court

________________________________

Editorial Opposing a Separate Juvenile Court

________________________________

Handout 1C: STUDENT/YOUTH DUE PROCESS

Attitudinal Survey

Express your level of agreement or disagreement with the following statements by checking the appropriate space.

Strongly Agree ____ Agree __√_ Disagree ____ Strongly Disagree____

Juveniles should be treated like adults once they have committed a crime.