19 The Juvenile Court BARRY C. FELD Ideological changes in the cultural conceptions of children and in strategies of social control during the nineteenth century led to the creation of the first juvenile court in Cook County, Illi- nois, in 1899. Culminating a century-long process of differentiating youths from adult offenders, Progressive Era reformers combined new theories of social control with new ideas about childhood and created the juvenile court as a social welfare alternative to criminal courts to respond to criminal and noncriminal misconduct by youths ( Fox 1970; Platt 1977). The Supreme Court's decision In re Gault, 387 U.S. 1 (1967), began to transform the juvenile court into a very different institution than the Progressives contemplated. Progressives envisioned an informal court that intervened in the child's "best interests." In Gault, the Supreme Court engrafted formal procedures at trial onto the juvenile court's indi- vidualized treatment sentencing schema. Although the Court did not in- tend to alter the juvenile court's therapeutic mission, in subsequent decades, judicial and legislative responses to Gault have modified juve- nile courts' jurisdiction, purposes, and procedure. As a result, juvenile courts now converge procedurally and substantively with adult crimi- nal courts. Since the 1970s, three types of judicial, administrative, and legal changes have accelerated the convergence between juvenile and criminal courts. These changes constitute a form of criminological "triage" as states remove noncriminal youths from juvenile courts' jurisdiction, transfer increasing numbers of persistent and serious young offenders to criminal courts for prosecution as adults, and impose punitive sentences on those "ordinary" delinquents who remain within the jurisdiction of the juvenile courts. Progressive reformers regarded noncriminal miscon- duct by juveniles that would not be a crime if committed by an adult, such as truancy or incorrigibility, as an important part of the juvenile court's "child-saving" mission. However, recent reforms at the "soft end" of the court's clientele limit the dispositions that judges may impose on noncriminal offenders and even remove status offenses from juvenile court jurisdiction. Simultaneously, as a result of rising public and politi- -509- |