The “Creation” of Childhood and Delinquency

1. The “Creation” of Childhood and Delinquency The “Invention” of Delinquency

2. Eighteenth Century Understanding of Delinquency • By this time, the concept of childhood was fully developed. • 18th century life was dominated by three major social institutions: family, church, and community. • Crime and deviance were generally equated with sin and immorality • Consequently, there was little attempt to rehabilitate the offender • Rather, criminals were punished as an example to the rest of the community

3. The Child Offender in the Eighteenth Century • There was no special category called a “juvenile delinquent” at this time. • The American legal system relied on common law tradition: • children under 7 were automatically presumed innocent because of their age • children over 14 were automatically judged as an adult • children between 7 and 14 were presumed innocent because of their age, but could be found guilty under certain circumstances

4. Crime, Poverty and Minority Status in the Eighteenth Century • Poverty was not associated with a predisposition to criminality as it would in the 19th and 20th centuries • Poverty was not seen as indication of a breakdown in social order • Rather, the poor were seen as opportunities to practice charity • There were no “poor houses” or other forms of institutionalization of the poor at this time • African-Americans comprised 20% of the population • However, they had no input into the political system • They were not even citizens, and hence not protected by the laws of this country • Nevertheless, they were expected to abide by these laws

5. Nineteenth Century Changes • There were two broad types of changes sweeping American and western societies generally: • Philosophical Shifts • Social/Organizational Changes

6. Philosophical Shifts • Enlightenment ideas of wrongdoing had by now become firmly established • This resulted in a shift in understanding of the source of deviance and crime • Crime is now understood to be caused by external forces operating on the individual

7. Nineteenth Century Social and Organizational Changes • The population in the country was growing rapidly: • Simultaneously, there was a change from an agrarian economy to an industrial economy

8. The Creation of the Institution • Two purposes: • to remove offenders from the community to keep it “pure” and a better environment; • a better way to “reform” the offender than other forms of punishment Entry to Folsom Prison • The juvenile institution • purpose of separate institutions for juveniles was to separate them from hardened adult criminals • Two types of juvenile institutions • Houses of Refuge--housed juvenile offenders • Orphan Asylums--housed abandoned and orphaned children • Several reforms took place over the 19th century in response to charges that these institutions were not a positive influence on children

9. Creation of the Juvenile Court • Through a series of court decisions, the concept of parens patriae became broadened and the state became increasingly involved in determining the fitness of families • The first separate juvenile court was established in Chicago in 1899 • There have been two explanations for why the juvenile court was established • The Orthodox Explanation • The Revisionist Explanation