The first juvenile court was established in Illinois in 1899 for the purpose that "the care, custody and discipline of a child shall approximate as nearly as may be that which should be given by its parents, and in all cases where it can properly be done the child [shall] be placed inan improved familoy home and become a member of the family by legal adoption or otherwise." 

Parens patriae doctrine is the philosphical predicate of the juvenile court system.  This concept directs that "the state is the higher or the ultimate parent of all of the dependents within its borders." 

The Gang Task Force of the National Juvenile Justice Delinquency Prevention Coalition notes that "The United States spends $65 billion per year on incarceration and now records the highest incarceration rates in the world with 2.2 million people in prison or jail up 500% from 30 years ago."

 Human Rights Watchobserves that gang legislation "subjects youth to enhanced penalities for non-violent conduct, strengthens gang affiliations and emphasizes suppression and incarceration over prevention and intervention."  Further, sentencing enhancements based on associations, whether a gang, mafia or some other group, do not deter crime any more than the penalty for the underlining crime does.

For many, during this time when our government spends billions bailing out banks and insurance companies, the criminal justice system is left to simply carry on with no solutions.  This is a call to action.

Important Links:  Juvenile Law Center, Children and Family Justice Center, Legal Services for Children, Southern Center For Human Rights, Youth Law Center