Separate Justice System

For over a century, states have recognized adults and children, whom have committed crimes, separate from each other. Children are referred to as their own “class” that are less blameworthy and have a greater capacity to change, contrary to adults. To acknowledge these differences, states have established a separate court system for juveniles enclosing a separate, youth-based delivery system. The idea of a separate justice system for the youth is just over a 100 years old. Early in United States history, the law was principally influenced by the common law of England. William Blackstone, one of the most important English lawyers wrote Commentaries on the Laws of England, a widely read book that would start to change the outlook on the youth.

A child under the age of seven (infant) can not be trialed for a felony. Children, above the age of 14, could conceivably be charged as an adult if found guilty. The ages of seven-fourteen could fall either way for a child. If a child had the ability to prove the difference between right and wrong, the child may be looking at facing full consequences. During the progressive era, which occurred between 1800-1920, social conditions in the United States were distinguished by mass amounts of immigration and striking amount of urbanization . A Lavish amount of penniless children were left on the streets, becoming involved in criminal activity. In 1899, the first juvenile court was established in Cook County, Illinois. The goals are described as followed by Judge Julian Mack, one of the judges that oversaw the nation’s first juvenile

A substantial part of this was to target treatment for the adolescents rather than punishment. One of the first court cases ruled by the Pennsylvania Supreme Court, Commonwealth V. Fischer in 1905, backed up this primary goal. This case resulted in the long discussion of whether the judge of the trial should have conducted a jury about if the defendant had only made a mistake about knowing if he had consent, or if he indeed raped a girl . In a consequential victory, the Supreme Court upheld Fischer’s conviction and decline to make a special punishment as to