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Book Review
Victoria Getis, The Juvenile Court and the Progressives, Urbana:
University of Illinois Press, 2000. Pp. x + 216. $34.95 (ISBN 0-252-02572-5).
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This concise book explores the origins and early history of the
Cook County Juvenile Court, the world's first such court. The court,
which opened on July 3, 1899, in Chicago, reflected its founders'
profound faith both in science to solve social problems and the
power of the state to provide for the best interests of its children.
Yet, as Getis argues, the juvenile court did not live up to its
initial promise, and "instead of a place of experimentation
and reform--which it could have been--or a place of individualized
justice guided by science--perhaps an unattainable goal-the court
became an institution without idealism" (106). The Juvenile
Court and the Progressives seeks to discover not only what went
wrong, but also what is fundamentally wrong with the progressive
conception of a juvenile court. |
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The book's major contribution is its analysis
of how in the early twentieth century different disciplines--sociology,
psychology, psychiatry, and social work--all used the study of juvenile
delinquency to further their own professional development. As Getis
suggests, the more social and behavioral scientists studied juvenile
delinquency, the less attention they paid to structural problems
that resulted from the rise of industrial capitalism. Instead of
trying to correct structural problems, these disciplines encouraged
reformers and juvenile justice practitioners to focus their attention
on treating the problems of individual children and their families.
Thus, as Getis concludes, "the reformers' turn to science as
a way of solving the problems presented by juvenile delinquency
sidetracked their efforts to treat the problems themselves"
(158). The historical lesson is clear: "it is these things--eradicating
poverty, creating jobs, improving schools, denying access to weapons,
and providing health care--that city, state, and federal governments
should be working to achieve now, instead of looking for new ways
of punishing children" (158). |
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Although Getis is certainly right
to call for structural solutions to structural problems, she does
not explain to the reader what the juvenile court actually did,
how it changed over time, or why "a century after its creation,
the juvenile court is the uniform major premise in policy toward
youth crime in every advanced legal system [in the world]"
(Franklin E. Zimring, "The Punitive Necessity of Waiver,"
in Jeffrey Fagan and Franklin E. Zimring, eds., The Changing
Borders of Juvenile Justice: Transfer of Adolescents to the Criminal
Court [Chicago, 2000], 207). By avoiding these issues, and focusing
much of her analysis on assumptions about juvenile delinquency,
Getis cannot answer her own excellent questions about Illinois's
pioneering juvenile court legislation: "[D]id the law fulfill
expectations? Would a child in trouble have a better experience
in the juvenile court than he or she would have had before the court
was established?"(52) |
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Getis's analysis of the law-in-action,
for instance, relies upon a close reading of the juvenile court's
annual reports, which she says reveal "an institutional mind-set,
a set of intimations, prejudices, and stereotypes" (122). These
reports, which were written by the Chief Probation Officer, are
certainly valuable sources that reveal how the court officially
categorized cases. It is unclear, however, that these reports reflected
the beliefs of all the court's probation workers. Studies of probation
officers, such as Mark Jacob's Screwing the System and Making
It Work: Juvenile Justice in a No-Fault Society (Chicago, 1990),
have revealed how much agency these officers exercise in their daily
work. Although it is problematic to project the findings of late
twentieth-century practices into the past, it is equally problematic,
given the extensive social historical work on the early twentieth
century, to assume that individual state actors lacked agency. Moreover,
Getis holds the probation officers, who were overworked and underpaid,
responsible for the court's loss of idealism. By focusing on adjusting
individual cases, she argues that these "functionary social
workers" are deeply implicated in the juvenile court's failure
to research and report upon the real roots of juvenile delinquency.
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Readers of the Law and History
Review might be frustrated by the fact that The Juvenile
Court and the Progressives does not engage the recent outpouring
of scholarship on American juvenile justice, including Mary Odem's
Delinquent Daughters: Protecting and Policing Adolescent Female
Sexuality in the United States, 1885-1920 (Chapel Hill, 1995),
William Ayers's A Kind and Just Parent: The Children of Juvenile
Court (Boston, 1997), Elizabeth J. Clapp's Mothers of All
Children: Women Reformers and the Rise of Juvenile Courts in Progressive
Era America (University Park, Pennsylvania, 1998), Christopher
P. Manfredi's The Supreme Court and Juvenile Justice (Lawrence,
1998), and Barry Feld's Bad Kids: Race and the Transformation
of the Juvenile Court (New York, 1999). Although Getis makes
a contribution to this body of scholarship, she does not address
any of these works in her text or the accompanying bibliographic
essay. |
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It would have been particularly instructive
for Getis to explain how her findings either supported or refuted
Barry Feld's impassioned pleas to abolish the juvenile court. Feld,
much like Getis, argues that the juvenile court is conceptually
flawed and that "the Progressives attempted to combine social
welfare and criminal social control in the juvenile court but produced
an inherently unstable organization that inevitably subordinated
social welfare to penal concerns" (Feld, Bad Kids, 15).
He believes, and has argued for many years, that abolishing the
juvenile court would be an important step toward building a more
robust system of social welfare for all of America's children. Unfortunately,
The Juvenile Court and the Progressives does not weigh in
on this controversial proposal. |
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David S. Tanenhaus
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University of Nevada, Las Vegas
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