Juveniles Standing Trial:Waiver to Adult Court

摘要

Prior to the creation of the first juvenile court, most children who committed crimes in the colonial United States were prosecuted as adults in the tradition of English law. Common law of that period held that children under the age of 7 were presumed incapable of committing a crime (the defense of "infancy"). Children between the ages of 7 and 14 were presumed responsible for their acts, but the court had to show beyond a reasonable doubt that they could distinguish between "good and evil." Beyond this age, they were treated as adults.The first juvenile court in the United States was established in Chicago in 1899; other states soon followed. The early juvenile courts stressed benevolence, decriminal-ization, and diversion but did not provide youths with any special rights. The court aspired to determine the causes of delinquency and find treatment that might get a wayward youth back on track. The language of the juvenile court reflected a softer stance than that taken with adults (e.g., using a concept of "hearing" for accused juvenile offenders rather than "trial").