JUDICIAL DECISIONS (UNITED STATES). Constitutionality of Statutes. istration.... 38 REFERENCES BAERNREITHER, J. M. Jugendfürsorge und Strafrecht in. den Vereinigten Staaten von Amerika. Leipzig, 1905. BATES, HELEN PAGE. Digest of statutes relating to juvenile courts and probation systems. Charities, 1905, vol. 13, p. 329-39. A digest with three tables of state laws, to 1905, on probation, juvenile courts, and provisions for dependent, neglected and wayward children. Kids Report of the Probation Commission of State of New York. Albany, 1906. A comprehensive study of the probation laws and systems as ex isting and practiced in various states and cities, with a recommended bill, and with a collection of the legislation of the various states, up to 1905. Also contains a very complete bibliography of juvenile court literature, p. 291-300. BÉRENGER, SEN., and JULHIET, Ed. Les tribunaux spéciaux pour enfants aux États Unis, en France, Angleterre, et Allemagne. Administration de la Revue l' Enfant, Paris, 1906. CHARITIES. A weeky review of local and general philanthropy, 1898-19-. New York. FOLKS, H. The care of destitute, neglected and dependent children. New York, 1902. HAHN, E. Die Strafrechtsreform und die jugendlichen Verbrecher. Jahrbuch der Gehestiftung, 9-10, Dresden, 1904. HURD, H. B. Juvenile court law, Charities, vol. 13, 1905, p. 327-8. HURLEY, T. D. History of the Illinois Juvenile Court. Juve- THE JUVENILE COURT RECORD. born St., Chicago 1900,-19—. Reports prepared by Published monthly, 79 Dear KUN, BÉLA, and LADAY, ÉTIENNE. La Lutte contra la Criminalité des Mineurs en Hongrie. Budapest, 1905. Legislation in Regard to Children. Report of Conference at London, 1906. Published by P. S. King & Son, Westminster, 1906. LINDSEY, JUDGE B. B. The Juvenile Court Laws of the State of Colorado. Denver, 1905. An explanation of the purpose of the laws as in force and as pro posed. MORRISON, W. D. The problem of the cares for them. Denver, 1904. children and how the state of Colorado See especially ch. II. The Law and the Court; and,ch. III, Administrative Work. RUSSELL, C. E. B., and RIGBY, L. M. (The) Making of the Statutes of every State in the United States concerning de- STEPHENS, G. A. The Juvenile Court System of Kansas. NITED STATES HOUSE OF REPRESENTATIVES. Children's - Courts in the United States. 58th Cong. 2nd Sess. House of Representatives, doc. no. 701. Washington, 1904. WINES, DR. E. C. The state of Prisons and Child-saving Institutions. Cambridge, 1886. PRINCIPLES1 A number of fundamental principles underlie juvenile court legislation and the decisions of the courts upon which juvenile court and probation systems now rest: (1) Children should not be considered as criminals but as victims of circumstance. Distinction must be made between neglected, dependent, and wayward children and delinquents and incorrigibles. (2) Children should not be thrown into association before, during, or after trial, with criminals or adults under accusation. (3) All the resources of the community should be used by the court to promote the welfare of the child and to protect him. (4) Children should be tried by special courts in special rooms with the least possible publicity or display of legal machinery, and the whole process dissociated from criminal procedure. The judges should, as far as possible, be "child experts." (5) Probation officers, competent, in adequate number, and paid, should be at the disposal of the court. (6) Parents, guardians, etc., are in many cases to be held responsible for the offense of the child. 1 See Lindsey: Juvenile Court Laws of Colorado. Bérenger: op. cit., p. 1-60. Hahn: op. cit. Barrows; In International Prison Commission Report. 1904, p. HISTORY Evolution of Juvenile Court Principles in Legislation The juvenile court, under that name, is of recent growth, but the principles which underlie it are to be found far back in English Law in the right and duty of the state as parens patriae-1 Turning to modern legislation we find in the law of 1840 (3 and 4 Vic. c. 90), “For the Care and Education of Infants who may be convicted of Felony," provision that the High Court of Chancery may, upon application, place any persons under 21 years of age who may be convicted of felony in care of persons or associations that agree to teach and train them during minority. Laws, 1866 (29 and 30 Vic. c. 118) and 1894 (57 and 58 Vic. c. 33 provide that morally imperiled children may be sent by the court to certified industrial schools, or lodged at home or with a respectable person and there be trained, clothed, and fed. The Law of 1847 (10 and 11 Vic. c. 82) provides for summary conviction of children not over fourteen, and allows the justices to excuse convicted offenders from punishment at their discretion. New South Wales in 1857 (20 Vic. no. 19) and 1864 1 Compare Blackstone III, $426-428. |