The development of the juvenile court system has been revolutionized over the past decades regarding its main guiding principles in development. According to The Juvenile Court: Its Development and Some Major Problems, the legal roots of the juvenile court system is based on the principles of English jurisprudence (Caldwell, 1961). These English principles are governing the differentiation of treatment to children by the courts through the application of common law and equity doctrines to the protection of innocence and dependency (Caldwell, 1961). The protection of dependents or neglected children originated based on the children holding property interests, however these actions provided a foundation to the “protective intervention of the state through the instrumentality of the juvenile court in cases of delinquency” (Caldwell, 1961). The additional principle guided by the Australia court has developed that “the child who has begun to go wrong, who is incorrigible, who has broken a law or an ordinance, is to be taken in hand by the state, not as an enemy but as a protector, as the ultimate guardian” (Fox, 0).
According to The Early History of the Court article, the “unwillingness or inability of the natural parents to guide it toward good citizenship has compelled the intervention of the public authorities” (Fox, 0). Back during 1899 Judge Lindsey of Denver Juvenile Court provided the guiding principle of judges becoming taking on “the role of strengthen[ing] the child’s belief in himself and make available to him all of the support and encouragement from outside the court that the judge could harness on his behalf” (Fox, 0). Additional, the guiding principle that child offenders should be kept away from adult criminal, and the court should be agencies for the rescuing and punishing of children (Caldwell, 1961). These main guiding principles in the development of juvenile court have revolutionized the measures taken regarding juvenile delinquencies.
Juvenile Justice Policy and Practice
There are main guiding principles in the development of the juvenile court that should still be used to guide the juvenile justice policy and practice today. Specifically, it is a combination of the Australian principle and Judge Lindsey identification of the role of judges. Juvenile delinquencies should be guided towards good citizenship through the intervention of the public authorities with the usage of the judge’s power of all available resources outside of the court, whether the child’s natural parent are unwilling or unable to do so themselves. In evaluating some of the key questions and concerns raised by society on the creation of the juvenile justice system, some more plausible. The current practices of today’s juvenile court system do not concurrently match the guiding of good citizenship amongst juveniles with the usage of all available resources to judges. Therefore, question and concern are foreseen regarding the juvenile court system because there should be a personal touch in saving children by “transform[ing] potential criminals into respectable citizens by training them in ‘habits of industry, self-control and obedience to law’” (Platt, 1969).
Saving children to become constructive good citizen should be what the juvenile court system should be representative of for so many children who parents are unwilling or incapable of doing so. Some of the more plausible questions of society include the following whether or not if the rights of the child and his/her parents protected in the juvenile court and “what are the dynamics of the popular and legislative drive to bring ‘undesirable’ behavior within the ambit of the criminal law” (Platt, 1969). Both of these questions raised matter in how the routine practice of the juvenile justice system operates today. Today represents the evolution of change throughout the treatment of a people as a whole, especially the protection of children. As history and society evolves so should the juvenile court system because it matter what society has to offer in 15 to 20 years when juvenile are no longer juveniles, yet adults caring for society member of today.