Book Review: The Juvenile Justice System: Law and Process
| Date | 01 September 2006 |
| Author | Kareem L. Jordan |
| DOI | 10.1177/0887403405281184 |
| Published date | 01 September 2006 |
| Subject Matter | Articles |
Criminal Justice
Criminal Justice Policy Review
Book Review
Policy Review
Volume 17 Number 3
Sanborn, J. B., Jr., & Salerno, A. W. (2005). The Juvenile
September 2006 380-382
© 2006 Sage Publications
Justice System: Law and Process. Los Angeles: Roxbury.
http://cjp.sagepub.com
hosted at
DOI: 10.1177/0887403405281184
http://online.sagepub.com
The juvenile justice system officially emerged in the United States in 1899. Prior to
that time, there was no official or legal distinction between “juveniles” and “adults”
who engaged in illegal behavior. Although there were some attempts to separate youth
from their adult counterparts prior to 1899 (e.g., in houses of refuge and reforma-
tories), juveniles generally had their trials held in the same criminal court as adults,
and many youth were housed subsequently with adult inmates. After the development
of the juvenile court, youth were viewed as being a protected population. Through
treatment, rehabilitation, and separation from adults, it was believed that they would
have an increased likelihood of becoming productive citizens.
This new system for youthful offenders was based on the doctrine of parens patriae,
meaning if a youth’s parents were not able to “adequately” address the needs of their
child, the state would act as a pseudo-parent for the child. This doctrine implied that
individual needs of juveniles would be the main priority of the system, and the juvenile
court should be able to exercise wide discretion in addressing those needs. The goals
of the juvenile court were contrary to the goals of the adult criminal court, which
emphasized incapacitation, retribution, and punishment for those convicted. Again, if
juveniles were to be “saved,” there must be a clear distinction between the services,
procedures, and goals of the juvenile and adult courts.
The state of the juvenile court (past and present) and its processes are thoroughly
examined in the recently published The Juvenile Justice System: Law and Process by
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