Defining Juvenile
Delinquency
The social construction of ―juvenile delinquency‖
Invention of the juvenile court
The second revolution: transformation of juvenile justice thought and
practice
Legal definitions of ―juvenile delinquency‖
After completing this chapter, students should be able to:
■ Identify the major historical developments that led to the social
construction of ―juvenile delinquency‖ as a social and legal concept.
■ Describe the roots of the juvenile court in nineteenth-century
developments such as poor laws, houses of refuge, placing-out, reform
schools, and the child-saving movement.
■ Describe the character of the original juvenile court—its philosophy,
jurisdiction, and procedures.
■ Distinguish four legal categories of juvenile delinquency.
■ Understand key terms:
social constructionist perspective
parens patriae
poor laws
pauperism
houses of refuge
15
,16
placing-out
reform schools
child-saving movement
rehabilitative ideal
―best interests of the child‖
due process of law
status offender
balanced and restorative justice
status offense
Juvenile delinquency, as we know it today, is a relatively recent concept. This
does not mean, however, that young people in the past were more compliant
than they are today. In fact, Socrates (470–399 BCE) offered a critique that
The “Stubborn Child Law”
Deuteronomy 21:18–21
18 If a man has a stubborn and rebellious son who does not obey his
father and mother and will not listen to them when they discipline
him, 19 his father and mother shall take hold of him and bring him
to the elders at the gate of his town. 20 They shall say to the elders,
―This son of ours is stubborn and rebellious. He will not obey us. He
is a profligate and a drunkard.‖ 21 Then all the men of his town shall
stone him to death. You must purge the evil from among you. All Is-
rael will hear of it and be afraid.
In November 1646, the governing body of Massachusetts Bay Colony took
these verses almost verbatim and made them into law. The colonial codes of
Connecticut, Rhode Island, and New Hampshire followed suit. Though sub-
stantially amended, the Massachusetts law remained in effect until 1973.
In his book, Stubborn Children: Controlling Delinquency in the United
States, 1640–1981, John Sutton points out that ―the ‗stubborn child law‘ was
legally distinctive in three ways: (1) It defined a special legal obligation that
pertained to children, but not to adults; (2) it defined the child‘s parents as
the focus of that obligation; and (3) it established rules to govern when pub-
lic officials could intervene in the family and what actions they could take.‖
While the ―bare words‖ of these stubborn child laws made it a capital offense
for a child to disobey parents, they also ―established rules to govern when
public officials could intervene in the family and what actions they could
take.‖ We will explore this new approach to child misconduct in this chapter.
Source: Sutton, Stubborn Children, 11–12, numbers added.
, Defining Juvenile Delinquency 17
sounds amazingly contemporary: ―The children now love luxury. They have bad
manners, contempt for authority, they show disrespect for adults and love to talk
rather than work or exercise. They no longer rise when adults enter the room.
They contradict their parents, chatter in front of company, gobble down food at
the table, and intimidate teachers.‖ 1 So it seems that a concern over the ―next
generation‖ is perennial. 2
Scholars say that juvenile delinquency was ―invented‖ or socially con-
structed in order to indicate that the concept is a product of a great many social,
political, economic, and religious changes. With regard to juvenile delinquency,
these changes began in the Renaissance (roughly 1300–1600), but were most
pronounced during the Enlightenment (mid-1600s–late 1700s) and the Indus-
trial Revolution (1760–mid 1900s).3 This transformation of thought and prac-
tice eventually led to a series of legal changes at the end of the nineteenth
century that created the legal status of ―juvenile delinquent‖ and a separate le-
gal system that included juvenile courts and reformatories. 4 The use of a sepa-
rate legal status and legal system for juveniles spread rapidly throughout the
United States in the early twentieth century. It was not long, however, before the
legal philosophy of the juvenile court began to be seriously questioned. Begin-
ning in the 1960s, a ―second revolution‖ significantly altered contemporary def-
initions of juvenile delinquency and practices of juvenile justice. 5
Using a social constructionist perspective, this chapter traces the historical social constructionist
origins and recent transformations of juvenile delinquency as a legal concept. perspective An attempt
to understand the many
We also consider the associated changes in juvenile justice practices. As our per - social, political, and
spectives toward juvenile delinquency have changed, so too has our legal re- economic factors that lead
to the development of an
sponse to it. Focusing on this correspondence, this chapter covers four areas: (1) idea, concept, or view.
the social construction of ―juvenile delinquency,‖ (2) the invention of the juve-
nile court, (3) the transformation of juvenile justice systems, and (4) the legal
definitions of ―juvenile delinquency.‖
■ The Social Construction
of “Juvenile Delinquency”
At least three historical developments led to the social construction of ―juvenile
delinquency‖: the ―discovery‖ of childhood and adolescence, the English com-
mon law doctrine of parens patriae, and the rise of positivist criminology. As a
result, the concept of juvenile delinquency came to signify a separate and dis-
tinct status for young people, both socially and legally. Sociologists use the con-
cept status to refer to the position or rank of a person or group within society,
with the position being determined by certain individual or group traits.6 Juve-
nile delinquency is a status determined both by age (less than the legal age of
majority) and behavior (actions that violate the law).
The Discovery of Childhood and Adolescence
Today, we take for granted that childhood and adolescence are separate stages in
life, unique from other stages. As Socrates‘ critique of youth indicated, the Greeks
also considered this age group distinctive. Both Plato (about 427–347 BCE) and
, 18
Aristotle (384–322 BCE) offered commentary that distinguished and catego-
rized the behaviors, attitudes, and emotions of young people as different from
those of people at other ages. While their characterizations suggest that the
Greeks considered adolescence a separate stage of life, they advance a rather
negative view toward youth, suggesting that, by modern standards, the Greeks
were not very understanding of the trials and tribulations of adolescence.7
Throughout the Middle Ages (476–1450 CE), European literature made fre-
quent reference to the ―ages of life.‖ This literary theme included seven stages,
beginning with infancy and ending with old age; the third stage was adoles-
cence. Shakespeare, for example, refers to the seven stages of life in his famous
passage:
All the world’s a stage
And all the men and women merely players;
They have their exits and their entrances;
And one man in his time plays many parts;
His acts being seven ages. . . .
(As You Like It, II, vii, 139).8
However, these age categories lacked distinction and were not used outside of
literature.9
In his widely cited book, Centuries of Childhood, Philippe Aries argues that
the idea of childhood did not exist in medieval society.10 Basing his argument on
a variety of historical records, he contends that during the Middle Ages, few dis-
tinctions were made between young people and adults. In fact, the only cultur-
ally prescribed age distinction was that of infancy. Young people beyond the age
of five were viewed as adults ―on a smaller scale.‖11
Aries contends that during the late sixteenth and seventeenth centuries no-
ticeable social distinctions associated with childhood began to emerge. ―For in-
stance, a special type of dress for children appeared. Moreover, it was not until
the sixteenth and seventeenth centuries that fables, fairy stories, and nursery
rhymes became the property of children.‖ 12 Renaissance culture, however, failed
to differentiate adolescence from childhood. 13 Thus, while childhood was es-
tablished as a separate age category by the seventeenth century, it was not dis -
tinguished from adolescence until the late eighteenth century. 14
The slowness with which the companion concepts of childhood and ado-
lescence emerged during the Renaissance was most likely a result of the harsh
living conditions of medieval Europe. As LaMar Empey and Mark Stafford write,
―under conditions like these, the cultural prescriptions we consider important
today were lacking, especially those provisions for close ties between parent and
child, that stress the importance of the nuclear family, that take delight in the in-
nocence and beauty of children, and that provide long years of total economic
support for a phase of the life cycle known as childhood.‖15
Aries claims that the slow development of childhood and adolescence does
not suggest that ―children were neglected, forsaken, or despised.‖ 16 Rather, it
simply signifies a lack of awareness of the special needs of childhood. He ac-
knowledges, however, that attitudes toward children during the Middle Ages
were largely ―indifferent‖ and treatment of children was often harsh and puni-
tive.17 Empey and Stafford expand on this, referring to the pre-Renaissance pe-
Delinquency
The social construction of ―juvenile delinquency‖
Invention of the juvenile court
The second revolution: transformation of juvenile justice thought and
practice
Legal definitions of ―juvenile delinquency‖
After completing this chapter, students should be able to:
■ Identify the major historical developments that led to the social
construction of ―juvenile delinquency‖ as a social and legal concept.
■ Describe the roots of the juvenile court in nineteenth-century
developments such as poor laws, houses of refuge, placing-out, reform
schools, and the child-saving movement.
■ Describe the character of the original juvenile court—its philosophy,
jurisdiction, and procedures.
■ Distinguish four legal categories of juvenile delinquency.
■ Understand key terms:
social constructionist perspective
parens patriae
poor laws
pauperism
houses of refuge
15
,16
placing-out
reform schools
child-saving movement
rehabilitative ideal
―best interests of the child‖
due process of law
status offender
balanced and restorative justice
status offense
Juvenile delinquency, as we know it today, is a relatively recent concept. This
does not mean, however, that young people in the past were more compliant
than they are today. In fact, Socrates (470–399 BCE) offered a critique that
The “Stubborn Child Law”
Deuteronomy 21:18–21
18 If a man has a stubborn and rebellious son who does not obey his
father and mother and will not listen to them when they discipline
him, 19 his father and mother shall take hold of him and bring him
to the elders at the gate of his town. 20 They shall say to the elders,
―This son of ours is stubborn and rebellious. He will not obey us. He
is a profligate and a drunkard.‖ 21 Then all the men of his town shall
stone him to death. You must purge the evil from among you. All Is-
rael will hear of it and be afraid.
In November 1646, the governing body of Massachusetts Bay Colony took
these verses almost verbatim and made them into law. The colonial codes of
Connecticut, Rhode Island, and New Hampshire followed suit. Though sub-
stantially amended, the Massachusetts law remained in effect until 1973.
In his book, Stubborn Children: Controlling Delinquency in the United
States, 1640–1981, John Sutton points out that ―the ‗stubborn child law‘ was
legally distinctive in three ways: (1) It defined a special legal obligation that
pertained to children, but not to adults; (2) it defined the child‘s parents as
the focus of that obligation; and (3) it established rules to govern when pub-
lic officials could intervene in the family and what actions they could take.‖
While the ―bare words‖ of these stubborn child laws made it a capital offense
for a child to disobey parents, they also ―established rules to govern when
public officials could intervene in the family and what actions they could
take.‖ We will explore this new approach to child misconduct in this chapter.
Source: Sutton, Stubborn Children, 11–12, numbers added.
, Defining Juvenile Delinquency 17
sounds amazingly contemporary: ―The children now love luxury. They have bad
manners, contempt for authority, they show disrespect for adults and love to talk
rather than work or exercise. They no longer rise when adults enter the room.
They contradict their parents, chatter in front of company, gobble down food at
the table, and intimidate teachers.‖ 1 So it seems that a concern over the ―next
generation‖ is perennial. 2
Scholars say that juvenile delinquency was ―invented‖ or socially con-
structed in order to indicate that the concept is a product of a great many social,
political, economic, and religious changes. With regard to juvenile delinquency,
these changes began in the Renaissance (roughly 1300–1600), but were most
pronounced during the Enlightenment (mid-1600s–late 1700s) and the Indus-
trial Revolution (1760–mid 1900s).3 This transformation of thought and prac-
tice eventually led to a series of legal changes at the end of the nineteenth
century that created the legal status of ―juvenile delinquent‖ and a separate le-
gal system that included juvenile courts and reformatories. 4 The use of a sepa-
rate legal status and legal system for juveniles spread rapidly throughout the
United States in the early twentieth century. It was not long, however, before the
legal philosophy of the juvenile court began to be seriously questioned. Begin-
ning in the 1960s, a ―second revolution‖ significantly altered contemporary def-
initions of juvenile delinquency and practices of juvenile justice. 5
Using a social constructionist perspective, this chapter traces the historical social constructionist
origins and recent transformations of juvenile delinquency as a legal concept. perspective An attempt
to understand the many
We also consider the associated changes in juvenile justice practices. As our per - social, political, and
spectives toward juvenile delinquency have changed, so too has our legal re- economic factors that lead
to the development of an
sponse to it. Focusing on this correspondence, this chapter covers four areas: (1) idea, concept, or view.
the social construction of ―juvenile delinquency,‖ (2) the invention of the juve-
nile court, (3) the transformation of juvenile justice systems, and (4) the legal
definitions of ―juvenile delinquency.‖
■ The Social Construction
of “Juvenile Delinquency”
At least three historical developments led to the social construction of ―juvenile
delinquency‖: the ―discovery‖ of childhood and adolescence, the English com-
mon law doctrine of parens patriae, and the rise of positivist criminology. As a
result, the concept of juvenile delinquency came to signify a separate and dis-
tinct status for young people, both socially and legally. Sociologists use the con-
cept status to refer to the position or rank of a person or group within society,
with the position being determined by certain individual or group traits.6 Juve-
nile delinquency is a status determined both by age (less than the legal age of
majority) and behavior (actions that violate the law).
The Discovery of Childhood and Adolescence
Today, we take for granted that childhood and adolescence are separate stages in
life, unique from other stages. As Socrates‘ critique of youth indicated, the Greeks
also considered this age group distinctive. Both Plato (about 427–347 BCE) and
, 18
Aristotle (384–322 BCE) offered commentary that distinguished and catego-
rized the behaviors, attitudes, and emotions of young people as different from
those of people at other ages. While their characterizations suggest that the
Greeks considered adolescence a separate stage of life, they advance a rather
negative view toward youth, suggesting that, by modern standards, the Greeks
were not very understanding of the trials and tribulations of adolescence.7
Throughout the Middle Ages (476–1450 CE), European literature made fre-
quent reference to the ―ages of life.‖ This literary theme included seven stages,
beginning with infancy and ending with old age; the third stage was adoles-
cence. Shakespeare, for example, refers to the seven stages of life in his famous
passage:
All the world’s a stage
And all the men and women merely players;
They have their exits and their entrances;
And one man in his time plays many parts;
His acts being seven ages. . . .
(As You Like It, II, vii, 139).8
However, these age categories lacked distinction and were not used outside of
literature.9
In his widely cited book, Centuries of Childhood, Philippe Aries argues that
the idea of childhood did not exist in medieval society.10 Basing his argument on
a variety of historical records, he contends that during the Middle Ages, few dis-
tinctions were made between young people and adults. In fact, the only cultur-
ally prescribed age distinction was that of infancy. Young people beyond the age
of five were viewed as adults ―on a smaller scale.‖11
Aries contends that during the late sixteenth and seventeenth centuries no-
ticeable social distinctions associated with childhood began to emerge. ―For in-
stance, a special type of dress for children appeared. Moreover, it was not until
the sixteenth and seventeenth centuries that fables, fairy stories, and nursery
rhymes became the property of children.‖ 12 Renaissance culture, however, failed
to differentiate adolescence from childhood. 13 Thus, while childhood was es-
tablished as a separate age category by the seventeenth century, it was not dis -
tinguished from adolescence until the late eighteenth century. 14
The slowness with which the companion concepts of childhood and ado-
lescence emerged during the Renaissance was most likely a result of the harsh
living conditions of medieval Europe. As LaMar Empey and Mark Stafford write,
―under conditions like these, the cultural prescriptions we consider important
today were lacking, especially those provisions for close ties between parent and
child, that stress the importance of the nuclear family, that take delight in the in-
nocence and beauty of children, and that provide long years of total economic
support for a phase of the life cycle known as childhood.‖15
Aries claims that the slow development of childhood and adolescence does
not suggest that ―children were neglected, forsaken, or despised.‖ 16 Rather, it
simply signifies a lack of awareness of the special needs of childhood. He ac-
knowledges, however, that attitudes toward children during the Middle Ages
were largely ―indifferent‖ and treatment of children was often harsh and puni-
tive.17 Empey and Stafford expand on this, referring to the pre-Renaissance pe-
