Probation, Juvenile

Probation is the most common disposition ordered by juvenile courts today. The reformists of the Progressive Era (1890 to 1920) were the original developers of the probation system. Shortly after the turn of the 19th century, juvenile courts and probation for juvenile offenders were adopted in several states. By 1918, a survey of 321 juvenile courts across the United States revealed that each offered some type of probation program. In addition, the juvenile courts took responsibility for appointing and supervising juvenile probation staff and programs, thereby establishing themselves as the decision makers for the policies and direction that probation would take—a trend that still holds true today.

During World War II, community activists were once again concerned over appropriate child care, including the treatment of delinquency. The Fair Labor Act of 1938 abolished child labor, and at the same time, Dr. Benjamin Spock's book on child rearing became a household requirement for many women across the country. In the 1960s, a number of cases, including Kent v. U.S., took a close and critical look at the treatment of juveniles in the criminal justice system. This resulted in a reformation of the juvenile courts, giving children additional protection, including the right to counsel. Although this reform intended that children should have the same level of protection afforded to adult offenders, the juvenile institutions continued to be plagued by reports that they were lacking in rehabilitative programs while continuing in their harsh and neglectful treatment of juvenile wards. In the 1970s, anti-institutional attitudes surfaced, and the Juvenile Justice and Delinquency Prevention Act of 1974 resulted in federal funding of community correction alternatives to institutionalization of juvenile offenders. The trend toward community corrections resulted in the development of diversion programs and home supervision, which are still in place today (McShane and Krause, 1993).

According to a report published in 1999 by the Office of Juvenile Justice and Delinquency Prevention (OJJDP), the number of delinquency cases handled by the country's juvenile courts increased by 48 percent from 1988 to 1997. This increase was disproportionately represented by juveniles involved in weapon, drug, and personal offenses. In 1998, however, juvenile arrests for violent crimes declined by 19 percent from the 1994 peak. Arrests for murder decreased 48 percent from 1994 to 1998. Despite continued growth in the juvenile population, the number of arrests for each violent crime has declined. However, the juvenile arrest rate for drug violations in 1998 was twice the average rate in the 1980s and was far greater for juveniles than it was for adults. In addition, there was a substantial increase in arrests for simple assault, curfew, and loitering violations from the 1980s until 1998. In 1997, the juvenile courts processed nearly 1.8 million delinquency cases (Sickmund, 2000). Although arrests for violent crimes have decreased, detention populations have soared. On any day, there are approximately 25,000 children held in some 500 secure detention facilities nationwide (Annie E. Casey Foundation, 2000). More than one third of these facilities are overcrowded. The increase in arrests for nonviolent crimes, coupled with overcrowding in detention facilities, has enhanced the need for programming that addresses these issues. Numerous alternatives to detention are currently offered nationwide, including diversion programs, first-time offender programs, placements and aftercare, electronic monitoring, and intensive home supervision.

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