A CENTURY OF REVOLUTIONARY CHANGES IN THE UNITED STATES JUVENILE COURT SYSTEM
Journal Name:
- Polis Bilimleri Dergisi
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Abstract (2. Language):
The fır'st juvenile court in the United States was created in the City of Chicago in 1899. It was revolutionary in the sense that it removed juveniles from the jurisdiction of the adult criminal court and established a court exclusively far children. Originally, the philosophy underlying the early juvenile court was the doctrine of parens patriae, manifested in "the best interests of the child." Accordingly, unlike the adult criminal court, treatment and protection of the child was accorded greater importance than punishment. In order to promote these goals, ali due process rights of juveniles were vvaived, far at least in theory, the juvenile would be protected by a benign and benevolent judge.
/'n the 1960's and 1970's, a nutnber of United States Supreme Court rulings essentially reshaped the court process. Known as the due process model, juveniles were given rights essentially comparable to those providing legal protection to adults in the criminal court. Nevertheless, the concept of treatment and protection of the juvenile remained a majör concern of the court.
The controlling model of the juvenile court shifted again in the mid-1980s. Consistent with the nationwide movement tovvards more punitive sentencing and due to increases in youngsters' crimes rates, the juvenile courts of the United States similarly shifted to increased sanctions. Similar to the "just deserts model" of the adult courts, the philosophy of the juvenile courts were not only concerned with the "best interests of the child," but now also gave consideration to the "protection of the community". This article will review the creation of juvenile courts, the revolutionary changes vvhich have reshaped the court system, and current practices.
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Abstract (Original Language):
ABD'de ilk çocuk mahkemesi Chicago (Şikago) şehrinde 1989'da ihdas edildi. Sadece çocuklar için bir mahkeme kurulması ve çocukların normal ceza mahkemeleri yargılama alanının dışına çıkarılması bakımlarından bu gelişme devrim niteliğindeydi. Bu makale çocuk mahkemelerinin ihdas edilmesini, mahkeme sistemini tekrar yapılandıran devrim niteliğindeki değişiklikleri ve günümüzdeki uygulamaları yeniden gözden geçirecektir.
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