Topic 1 Lecture Juvenile Justice and Childhood

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Juvenile Justice!:

Juvenile Justice!

Rose Kennedy:

Rose Kennedy B.A., Cum Laude, The American University, 1992. J.D., Magna Cum Laude, The American University, 1998. Deputy State’s Attorney, Chittenden County, Vermont, 1998-2006.

My email: rkennedy@cdeducation.org :

My email: rkennedy@cdeducation.org

Juvenile Justice! :

Juvenile Justice!

What is a Juvenile?:

What is a Juvenile?

And do Juveniles get Justice?:

And do Juveniles get Justice?

How are kids treated in the United States?:

How are kids treated in the United States?

And is it fair?:

And is it fair?

Criminal Justice System:

Criminal Justice System

Freedom of Speech:

Freedom of Speech

Educational Rights:

Educational Rights

Issues that Affect Kids.:

Issues that Affect Kids.

Where we are now, in terms of how kids are treated:

Where we are now, in terms of how kids are treated

And how did we got here.:

And how did we got here.

Topic 1:

Topic 1 Juvenile Justice and Childhood. Has childhood always existed? What is a child? How are children treated in the U.S. criminal justice system?

Has childhood always existed?:

Has childhood always existed?

Ancient Times:

Ancient Times

Dominance of the Father.:

Dominance of the Father.

patria postestas:

patria postestas

Children = Property :

Children = Property

Slide 23:

(Or something akin to property.)

Children = pets?:

Children = pets?

Middle Ages:

Middle Ages

Feudal times:

Feudal times

land:

land

money:

money

Children?:

Children?

Philippe Aries:

Philippe Aries

CENTURIES OF CHILDHOOD 1962. :

CENTURIES OF CHILDHOOD 1962.

Children = little adults.:

Children = little adults.

no childhood :

no childhood 

poor:

poor

Ignorant, uneducated:

Ignorant, uneducated

starving:

starving

powerless:

powerless

Childhood sucked.:

Childhood sucked.

Childhood was not pleasant.:

Childhood was not pleasant.

parens patriae:

parens patriae

Dominance of the Father.:

Dominance of the Father.

Father of all in the Kingdom.:

Father of all in the Kingdom.

land:

land

money:

money

Children?:

Children?

Chancery Courts:

Chancery Courts

Custody/guardianship:

Custody/guardianship

inheritance:

inheritance

Separate courts of equity.:

Separate courts of equity.

money:

money

land:

land

Separate courts for children.:

Separate courts for children.

Enlightenment:

Enlightenment John Locke Jean Jacques Rousseau

Childhood is a :

Childhood is a

time of innocence:

time of innocence

A sanctuary before one face’s hardships of adulthood:

A sanctuary before one face’s hardships of adulthood

and:

and

children are not inherently evil, but rather, :

children are not inherently evil, but rather,

Children are good.:

Children are good.

Children = entertainment.:

Children = entertainment.

Children = extension of their parents:

Children = extension of their parents

What about childhood in the U.S.?:

What about childhood in the U.S.?

Puritans:

Puritans

religious:

religious

Original sin.:

Original sin.

Dominance of the Father.:

Dominance of the Father.

Incorrigible child laws.:

Incorrigible child laws.

status offense:

status offense

Corporal punishment.:

Corporal punishment.

Importance of Moms:

Importance of Moms

Children = future good citizens.:

Children = future good citizens.

Industrialization:

Industrialization

Family unit is no longer self sufficient.:

Family unit is no longer self sufficient.

Family unit is no longer cohesive. :

Family unit is no longer cohesive.

Dominance of the Boss.:

Dominance of the Boss.

Enlightenment:

Enlightenment

childhood = age of innocence:

childhood = age of innocence

Oversight of the State.:

Oversight of the State.

Children = citizens?:

Children = citizens?

children = future citizens?:

children = future citizens?

parens patriae:

parens patriae

Oversight of the State.:

Oversight of the State.

child labor laws:

child labor laws

minimum standards:

minimum standards

health:

health

education:

education

1950’s:

1950’s

Teenagers:

Teenagers

Today.:

Today.

helicopter parenting:

helicopter parenting

child = small adult:

child = small adult

rights as full members of society?:

rights as full members of society?

What is a child? :

What is a child?

Are children different?:

Are children different?

How?:

How?

0 – 3 years :

0 – 3 years

intense brain growth:

intense brain growth

abuse or neglect:

abuse or neglect

diminished brain growth:

diminished brain growth

6 years old brain 90% to 95% the size of an adult brain:

6 years old brain 90% to 95% the size of an adult brain

rights:

rights

life:

life

food:

food

shelter:

shelter

good health:

good health

not to be abused:

not to be abused

family:

family

State Oversight:

State Oversight

responsibilities?:

responsibilities?

dependant:

dependant

4-11 years old:

4-11 years old

parents:

parents

family:

family

more State Oversight:

more State Oversight

school:

school

truancy:

truancy

less dominance of family:

less dominance of family

teachers:

teachers

friends:

friends

peers:

peers

12-17 years old:

12-17 years old

teenagers:

teenagers

Childhood adulthood:

Childhood adulthood

family peers:

family peers

dependence independence:

dependence independence

rights responsibilities:

rights responsibilities

not old enough to :

not old enough to

drink:

drink

smoke:

smoke

vote:

vote

but, old enough to:

but, old enough to

mens rea:

mens rea

Is that fair?:

Is that fair?

teenage brain:

teenage brain

http://www.time.com/time/covers/1101040510/brain/ :

http://www.time.com/time/covers/1101040510/brain/ Hess, Chapt. 4

How are children treated in the U.S. criminal justice system? :

How are children treated in the U.S. criminal justice system?

Colonial Period:

Colonial Period

Blackstone, 1776:

Blackstone, 1776

children 0 - 7:

children 0 - 7

no mens rea:

no mens rea

8 and above:

8 and above

mens rea:

mens rea

punished as an adult:

punished as an adult

Industrialization:

Industrialization

Child Savers Movement late 1800’s -early 1900s:

Child Savers Movement late 1800’s -early 1900s

parens patriae:

parens patriae

first Juvenile Court, Illinois 1899:

first Juvenile Court, Illinois 1899

reform schools:

reform schools

orphan trains:

orphan trains

increased State oversight:

increased State oversight

less judicial:

less judicial

more of a welfare system :

more of a welfare system

“Americanize” immigrant children:

“Americanize” immigrant children

“make proper” poor children:

“make proper” poor children

1967:

1967

Warren Court:

Warren Court

In re Gault:

In re Gault

Bill of Rights applies to Juveniles:

Bill of Rights applies to Juveniles

Bill of Rights = first 10 Amendments to the US Constitution:

Bill of Rights = first 10 Amendments to the US Constitution

life:

life

food:

food

shelter:

shelter

Minimum standards of :

Minimum standards of

health care:

health care

education:

education

Juveniles have the right to:

Juveniles have the right to

due process:

due process

4th Amendment right to notice:

4 th Amendment right to notice

5th Amendment right to remain silent:

5 th Amendment right to remain silent

6th Amendment right to be represented by an attorney:

6 th Amendment right to be represented by an attorney

Due process:

Due process

Today:

Today

2 types of cases:

2 types of cases

CHINS:

CHINS

Children in Need of Supervision:

Children in Need of Supervision

any aged child:

any aged child

abused or neglected:

abused or neglected

Children 0-7:

Children 0-7

offense:

offense

Blackstone, 1776:

Blackstone, 1776

Children 0 -7:

Children 0 -7

not competent:

not competent

cannot form mens rea:

cannot form mens rea

CHINS:

CHINS

children 8 – 14ish:

children 8 – 14ish

delinquent:

delinquent

can form mens rea:

can form mens rea

separate juvenile court:

separate juvenile court

“best interest of the child”:

“best interest of the child”

private proceeding:

private proceeding

not meant to stigmatize:

not meant to stigmatize

reform and rehabilitate:

reform and rehabilitate

not meant to punish:

not meant to punish

OJJDP:

OJJDP

children 14ish – 17:

children 14ish – 17

1980’s:

1980’s

increase in teen crime:

increase in teen crime

get tough of crime:

get tough of crime

children 14ish - 17:

children 14ish - 17

adult or child?:

adult or child?

adults:

adults

criminals:

criminals

seriousness of the crime:

seriousness of the crime

15 year old who shoplifts:

15 year old who shoplifts

delinquent:

delinquent

15 year old who murders:

15 year old who murders

criminal:

criminal

deterrence:

deterrence

specific deterrence:

specific deterrence

general deterrence:

general deterrence

diversion:

diversion

Net-widening:

Net-widening

discretion:

discretion

Topic 1:

Topic 1 Juvenile Justice and Childhood. Has childhood always existed? What is a child? How are children treated in the U.S. criminal justice system?

my email rkennedy@cdeducation.org :

my email rkennedy@cdeducation.org

Image credits.:

Image credits. Zeus – http://www.buzzle.com/articles/zeus-greek-god.html Renaissance Family Portraits: Joshua Reynolds, Duchess of Devonshire and Her Daughter, 1784. Joshua Reynolds, Lady Smith and Children, 1787. George Romney, The Gower Family, 1776-7. Reproduced @ The Dutchess of Devonshire’s Gossip Guide to the 18th Century. The Enlightened Family Portrait, Part 1, Women and Children. http://georgianaduchessofdevonshire.blogspot.com/2008/09/enlightened-family-portrait-part-1.html Giotto, Madonna and Child, http://www.historyforkids.org/learn/medieval/art/ Puritans and Pilgrims arriving in the New World during the early 1600’s, http://endtimepilgrim.org/puritans.htm William Johnston, Mrs Jacob Hurd & Child, 1763. http://b-womeninamericanhistory18.blogspot.com/2011/02/american-colonial-era-artist-william.html Tench Francis, by Robert Feke, http://russellmcneil.blogspot.com/2007/08/robert-feke-1705-1750.html

Image credits.:

Image credits. Richard the Lionhearted, http://upload.wikimedia.org/wikipedia/commons/4/49/Richard_coeurdelion_g.jpg Declaration of Independence, painting by John Trumbull, http://loc.gov/pictures/resource/thc.5a50954 John Durand, The Rapalje Children, 1768, http://www.andrewcusack.com/2007/10/08/the-rapalje-children/ Stained glass window or Crusades Knight, http://museum.msu.edu/museum/msgc/sep07.html Monty Python and the Search for the Holy Grail, http://tvtropes.org/pmwiki/pmwiki.php/Main/MontyPythonAndTheHolyGrail Unicorn Tapestry, http://www.washington-heights.us/yabbse/index.php?topic=2012.0

Image credits.:

Image credits. Antietam Battlefield, http://memory.loc.gov/cgi-bin/query/D?cwar:13:./temp/~ammem_LyZ5 Immigration photos, http://www.fairus.org/site/PageNavigator/facts/quiz_q1_moreinfo/ http://www.socialstudieshelp.com/Lesson_54_Notes.htm http://www.everyculture.com/multi/Ha-La/Irish-Americans.html Steel Mill, http://www.jaha.org/edu/discovery_center/work/industry02.html 1950’s photos, http://knitterfromthepast.blogspot.com/2009_09_01_archive.html http://www.nytimes.com/2006/06/06/business/06restaurants.html?_r=1 Helicopter parent, http://www.golocalprov.com/lifestyle/are-you-a-helicopter-parent/ Warren Court, http://academic.brooklyn.cuny.edu/history/johnson/7418warren.htm

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