Introduction

Lesson Overview

It is important that as we begin to explore the major tenets of the juvenile justice in America we first understand its underlying philosophy. Relatively speaking, the juvenile justice system is a new approach to managing the so-called problem child. To understand how we got to where we are today we must first return to an earlier time in history.

The purpose of this lesson is to retrace the history of attitudes toward and the treatment of children. This history can be traced all the way back to pre-American Revolution days, all the way back to Europe and to the early days of Colonial America. This history is rooted in Biblical principles and in Judeo/Christian beliefs, primarily coming from the Old Testament. Deeply held religious beliefs played a major role in how children were viewed and how they were treated by adults. During the emergence of nation-states, families were elevated to a point of non-intervention; governments were firm in their belief that family matters should be left entirely up to the parents -- primarily to the husband and father.

This lesson focuses on this earlier history as well as how history changed in later years. In essence, the lesson aims to describe the key historical developments that eventually led to the establishment of a separate justice system for young people -- separate from the adult system where they were treated the same as their older counterparts.

Lesson Objectives

By the end of this lesson, you should be able to:

• Understand the importance of religious beliefs and early notions of total family autonomy regarding the treatment of children in Colonial America and beyond;
• Define the terms: patriarchy, patriae potestas, a fortiori, age of responsibility, Enlightenment Era, parens patriae, industrialization;
• Exhibit a working knowledge about the role that enlightenment thinking and the Industrial Revolution played in changes within the family and attitudes toward and treatment of children;
• Explore the impact of rapid immigration in the U.S. and the role this historical event played in ushering in the progressive era.