Jump to ContentJump to Main Navigation
American Juvenile Justice$
Users without a subscription are not able to see the full content.

Franklin E. Zimring

Print publication date: 2005

Print ISBN-13: 9780195181166

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780195181166.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 April 2021

The Common Thread

The Common Thread

Diversion in Juvenile Justice

(p.33) Four The Common Thread
American Juvenile Justice

Franklin E. Zimring

Oxford University Press

Two justifications existed from the start for creating a juvenile court, referred to as the interventionist and diversionary justifications for a separate children's court. The diversionary justification for juvenile court was always the most important of the two rationales, and it remains so today. Diversionary principles of juvenile justice are well suited both to a modern theory of adolescent development and to concern about procedural fairness and proportionality in legal response to youth crime. This chapter shows both continuity and coherence to the diversionary rationale for juvenile courts through the first hundred years of their history. The chapter is organized as follows. The first section sets out the two discrete justifications for creation of a juvenile court and documents the diversionary agenda of turn-of-the-century reformers. The second section shows the extent to which the major programmatic elements of early juvenile justice were consistent with diversionary justifications and methods. The third section addresses the modern concept of juvenile justice as reflected in two leading Supreme Court cases. It was a diversionary theory of juvenile court that could accommodate due process rules without sacrifices of youth welfare. The fourth section is concerned with the contemporary understanding of juvenile justice as a passive virtue. It shows that the effectiveness of juvenile courts in protecting youth from full criminal punishment is the heart of the reason the court has so many contemporary enemies.

Keywords:   American juvenile courts, Supreme Court, due process, youth welfare, diversionary justification

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .