David S. Tanenhaus
Juvenile justice is a technical term that refers to the specific area of law and affiliated institutions, most notably the juvenile court, with jurisdiction over the cases of minors who are accused of being miscreants. Although the idea that the law should treat minors differently from adults predates the American Revolution, juvenile justice itself is a Progressive Era invention. Its institutional legitimacy rests on the power and responsibility of the state to act as a parent (parens patriae) on behalf of those who cannot care for themselves. Since the establishment of the world’s first juvenile court in Chicago in 1899, this American idea of creating separate justice systems for juveniles has spread across the nation and much of the world. For more than a century, American states have used their juvenile justice systems to respond to youth crime and delinquency. Since the 1960s, the US Supreme Court has periodically considered whether juvenile courts must provide the same constitutional due process safeguards as adult criminal courts and whether juveniles prosecuted in the criminal justice system can receive the same sentences as adults, such as the death penalty or life without the possibility of parole.
Risa L. Goluboff
This is an advance summary of a forthcoming article in the Oxford Research Encyclopedia of American History. Please check back later for the full article.
The crime of vagrancy has deep historical roots in U.S. law and legal culture. Originating in 16th-century England, vagrancy laws came to the New World with the colonists and soon proliferated throughout the United States. Although they took myriad forms, vaguely worded statutes targeting objectionable, “oue-of-place” people, rather than any particular conduct, soon became a ubiquitous tool for maintaining hierarchy and order in American society. The laws and their application changed alongside perceived threats to the social fabric—at different times targeting labor activists, radical orators, cultural and sexual nonconformists, racial and religious minorities, civil rights protesters, and the poor. By the mid-20th century, vagrancy laws served as the basis for hundreds of thousands of arrests every year. But over the course of just two decades, the crime of vagrancy, virtually unquestioned for four hundred years, unraveled. Profound social upheaval in the 1960s produced a concerted effort against the vagrancy regime, and in 1972, the United States Supreme Court invalidated the laws. Local authorities have spent the years since looking for alternatives to the many functions vagrancy laws once served.