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GOOD people everywhere are beginning to realize the possibilities of the Children's Court movement for the s-aving of yoimg people from a settled criminal career. It is founded on the assumption that children are not inherently bad, that their delinquencies are usually due to causes for which they are not re- sponsible, and that by right methods these causes can be reached and removed, and the child en- couriged and assisted to develop character under healthy, normal conditions. Probably the first requisite in an ideal Children's Court is that it should be absolutely separated from the usual criminal procedure of the countrj'. Many a lad has been confirmed in wrong-doing by the very system that was intended to stop him. The glamor and excitement of a police court, the publicity and notoriety, the association, however temporary, with others charged with crime like himself, the fact that he is usually advised to plead ''not guilty," and allow the oflficials to prove his guilt, the waiting while other cases are being heard, the remands, the well-meant but hurtful sympathy of onlookers, the jokes, repartee, 1 and laughter so often noticeable in the lower courts, all exercise a deadly effect on the moral character of the youthful offender, and too often he comes through the ordeal impertinent and brazen and with his faith in, and regard for the law entirely destroyed. In many places there is no Children's Court and the above conditions prevail. Within the past five years the Children's Court movement has made marvellous progress, not only on this continent, but in European countries, and with continued development it bids fair to mater- ially reduce the criminal element of the future. Like all radical changes it will encounter opposi- tion and criticism, but the undoubted benefits, not only to the young people directed concerned, but to the community generally will ultimately cause it to prevail. So far the Children's Court has been merely an adjunct to the ordinary police court. Held in a different room and at a different hour, it is true, but still, as a matter of fact, a juvenile police court with many of the objectionable features still present. It is administered in many towns and cities under the same legal machinery by n:en not altogether in sympathy with it, and often unfitted by constant association with hardened criminals to enter into the spirit of the new idea. Under such conditions the Children's Court must necessarily be a failure for it is not the law that brings results, but the spirit animating those having it in charge. The Children's Court should undoubtedly be an educational rather than a police tribunal, con- ducted by specially selected persons and held in different premises from the ordinary legal courts, either as an adjunct to the school system, or under the auspices of a Children's Aid Society. Its aim is not to convict young children, but to protect them even from the consequences of their own thoughtless acts, to warn, and if need bo to punish the tempters or corrupters of youth, and to so improve the environment as to effectually prevent a recurrence of the trouble. It is a work of far-reaching importance, for the child safe- guarded and protected means much to the com- munity in the prevention of crime, and the peace- ful evolution of industrial citizensbip. Crime renders property and human life unsafe, is one of the heaviest items of taxation, and can only be eradicated or limited by a complete and thorough system of child-protection. There are so many problems of a social and domestic character involved in the child's delin- quency that to expect the ordinary magistrate and police authorities in a large city to deal with it is simply to invite failure. Any one can decide in five minutes whether or not a youth is guilty of theft or some other offence and liberate or banish him to a reformatory, but either decision may be equally unjust and the problem still remain un- solved. The court should be parental in the truest sense and should be so constituted in all its branches as to make the child intuitively realize that love and not hostility is the atmosphere into which he has entered. When one has had the experience of years in dealing with wayward youth; has studied the moral conditions, visited the wretched homes, comprehended the utter ab- sense of real a£Pection, the heart hunger, the longing for appreciation and sympathy, then they begin to recognize that what is needed is not severity, not flogging, not jail or reformatory, but a true friend and an opportunity undei clean auspices to develop worthy character. It is an intense realization of the erring boy's need, gained in many a sad interview with the children themselves, that impels the writing of these lines. The Judge of a Children's Court should be a man of legal training, optimistic and philan- thropic, a student of social problems and a lover of children. The majority of our magistrj4,tes and judges possess these qualifications, and all that is needed is a broader conception of this newer movement, suitable premises, and a competent staff of probation officers. It is upon a wise selec- tion of these latter oflScers that success really de- pends. The Judge can wisely direct, inspire and control, but there must be a sufficient number of probation officers to provide each child with a friend and guardian, who will searchingly inves- tigate and report upon the actual conditions, labor for the removal of causes, watch over the school- ing or employment, become the friend and ad- viser of the family, and generally so impress his or her personality upon the child as to effectually 4 restore him to good living. All denominations and philanthropic societies should be represented, and if invited to do so the officials of benevolent organ- izations would doubtless give their services. In many cities business men and church workers have g;iven splendid assistance under the direc- tion of the chief probation officer, counting it a privilege to share in such a practical and pre- en nently Christian work. Bearing in mind that the object of the court is to befriend and not to convict, it can readily be seen that an active, intelligent and sympa- thetic body of probation officers would soon arrive at the causes of youthful wrong-doing and by educational influences secure for the children of the poor their rights in the matter of play- grounds, school attendance, with manual training, bathing facilities, sanitary homes, etc., seeking not to remove the child from his natural environ- ment, but to remove the causes that lead to wrong doing; above all, getting the parents to appre- ciate the worth of their children, and aiding them to obtain those privileges and advantages that at present are beyond their reach. The proceedings of a Children's Court should be entirely private and informal, and newspapers should be asked not to publish the follies and so- called crimes of children. This publicity is not only extremely hurtful in later years to the young people concerned, but so far from proving a deterrent to others, many boys have ijetn known to do wrong in order to get into the papers. The 5 ''i parental system above described would not be at all pleasant for the youthful bravado and the separation of the Children's Court from all asso- ciation with the ordinary criminal procedure would effectually stamp out the false pride of boys in criminal notoriety. Punishment as usually interpreted hardens the heart : to be brought under the friendly control and guidance of good men and women softens and mollifies and prepares the way for true penitence and reformation. The Children's Court stands for a loving, sym- pathetic and patient effort to win the child over to a recognization of the virtue of being good for its own sake, to awaken ambition, to inspire with high ideals, to stimulate growth in all that makes for manliness and good citizenship. The neglect of children in the past has given us blighted lives, misspent careers, crowded jails, innumerable tragedies, vast expense. Why not take an advance step when the possibilities are so self- evident ? Let a child feel and know and realize that his well-doing will give you pleasure, and his ill-do- ing give you pain, and you have established a strong incentive to right living. Only in rare cases should children be arrested. The parents or guardians should be held respon- sible for their production when required. 6 Instead of punishing the children; it is those who lead them astray who should be punished. Youthful wrong-doors are often mentally or physically defective. A physician should always be consulted before a decision is arrived at. Under a proper system of supervision many wayward lads can be looked after in their own homes by probation officers at the expense of the parents^ instead of being sent to a reformatory at the public charge. The thoughtless im^ . Ises of youth should not be branded as crime. Our whole attitude to\ -aid these children should be one of encouragement. Love can do far more than prison bars. Low theatres have a baneful influence on grow- ing boys. Hundreds of lads may be found in these places any night, and it would be well if they could be discouraged or prohibited from attend- ing. A chiM should never be regarded as a criminal but as a victim of crime. No child can create his own environment. Boys have often been punished for wrong-doing when it would be just about as sensible to whip a child for having diphtheria or typhoid. 7 The ordinary court takes no cognizance of the youth's mental condition, education, social en- vironment, or bodily health. Guilty or not guilty is the only problem up for consideration, and ac- tion is based on that and that alone. Ignorance and idleness — the parents of crime. Who can tell what the changing years will bring ! The boy you help to-day may save you from ruin twenty years from now. It is not law, but only love and religion that can save or reclaim. 8 Started First but Lagged Behind. It is interesting to note that the first Children's Court on this continent was established in Toronto in 1894. Legislation providing for this was passed by the Ontario Legislature in 1893 and a supple- mentary Act by the Dominion Parliament fol- lowed in 1894. As a forerunner the Ontario Legis- lature at its Session in 1888 passed *'An Act for the Better Protection of Neglected Children," in which the following section appeared ; A Children's Judge. ({• The Lieutenant-Governor may, upon the re- quest of any municipal council, appoint a com- missioner or commissioners, each with the powers of a Police Magistrate, to hear and determine complaints against juvenile offenders apparently under the age of sixteen years." The Children's Court did not advance as it should have done, and it was left to Chicago and Denver in 1899 and 1900 to develop the pos- sibilities of the movement. To Modernize Our Law. Application has been made to the Dominion Parliament for an amending Juvenile Court Act bringing the legislation up to date, but even with- out it we have legislation now for effective work. It depends upon the Magistrates, Councillors and philanthropic workers of our towns and cities to see that some advance is made in the near future. Ontario Children's Court Law. Passed in May, 1893. osl n ) ii ins ) (1) In cities and towns with a population of ^^^ more than ten thousand, children under the age of sixteen years who are charged with oflfences 'W^ against the laws of this Province, or who are brought before a Judge for examination undei any of the provisions of this Act, shall not before, trial or examination be confined in the lock-ups or police cells used for ordinary criminals or per- sons charged with crime, nor, save as herein- after mentioned, shall such children be tried or have their cases disposed of in the police court rooms ordinarily, used as such. It shall be the duty of such municipalities to make separate pro- vision for the custody and detention of such children prior to their trial or examination, whether by arrangement with some member of the police force or other person or society who may be willing to undertake the responsibility of such temporary custody or detention, on such terms as may be agreed upon, or by providing suitable premises entirely distinct and separated from the ordinary lock-ups or police cells; and it shall be the duty of the Judge to try all such children or examine into their cases afod dispose thereof, where practicable, in premises other than the ordinary police court premises, or, where this is not practicable, in the private office of the Judge, if he have one, or in some other room in the municipal buildings, or, if this be not practicable, then in the ordinary police court room, but only in such last mentioned cases when an interval of two hours shall have elapsed after the other trials or examinations for the day have been disposed of. (2) Where any Children's Aid Society possesses premises affording the necessary facilities and ac- 10 "W. "modation, children apparently under the age welve years, may, after apprehension under provisions of this Act, be temporarily taken ge of by such society until their cases are l|>osed of; and the Judge may hold the examin- case of such children in the premises he said society. ) The Judge may, if he thinks fit, hold the not befori ^fi^iinary examination or the trial of any case e lock-UDs w^^'^* ^^y parent for any offence in respect of a als or per- ^^ under this Act or for any alleged neglect of as herein- ^ '^^^^^^y *o ^ child in the house where the par- 3 tried or *l resides, but only at the request of such )lice court ^1^^^ all be the arate pro- ulation of er the age 9^^?^^ ^\l ^ th offences *^ ^^^^ *^® ' who are ion undei The Judge shall exclude from the room or Wee where any child under sixteen years of age, I of^^ci) r any parent charged with any offence in re- iTnination ^^^ ^^ ^ child under this Act or otherwise with ~" ~ - ' -*lect of or cruelty to his child, is being tried xamined, all persons other than the counsel witnesses in the case, ofl&cers of the law or of Children's Aid Society and the immediate nds or relatives of the child or parent. ber of the who may ty of such I terms as ? suitable from the t shall be iildren or thereof, than the re this is le Judge, n in the acticable, but only iterval of tier trials disposed possesses i and ac- DisPOSAL OF Youthful Offender. \1. Any Court or Magistrate in lieu of com- tting to prison any child under the age of 14 irs convicted before him of any offence against laws of this Province may hand over such child the charge of any home for destitute and neg,- [ted children or industrial school or Children's Id Society and the managers of such honie or lool or society may permit its adoption by a [itable person, or may apprentice it to any [itable trade, calling or service, and the trans- shall be as valid as if the managers were irents of such child. The parents of such child 11 shall have no right to remove or interfere the said child so adopted or apprenticed ex^ct by the express permission in writing of the M % ter. — Children's Protection Act. '{ ajprej i m)lcl| Ifcesl .S(|ful rf|or< ^ns' .slof el i1 el u Type op the Boys We Plead For. 12 STATUTES OF CANADA, 1894. interfere " enticed exjjct respecting the Arrest, Trial and Impri- g of the Ml sonment of Youthful Offenders. [Assented to 2Srd July, 1894.] For. jreas it is desirable to make provision for separation of youthful offenders from contact I jolder offenders and habitual criminals dur- e mces of II i in the loo rsons chargi iry crimiral court or ji be under t I in the Pi linst the li unishable justice, ny imprisel 3, may orfl||,^- — o the char, 3ted childn Aid Soci 3 Lieutenal to any cor itario, an w nade agaiij rears, or g the comml J of CanadI on summa 3ized then to the exec liety, if tb N him opp( ide, and m or either interested 5 and coun rents or sii report ma advico, ai o made, aij ition or co!^ laint, the court or justice is of opinion that the ublic interest and the welfare of the child will e best served thereby, then, instead of com- itting the child for trial, or sentencing the child, s the case may be, the court or justice may, by rder : (a) Authorize the said oflBcer to take the child, nd under the provisions of the law of Ontario, ind the child out to some suitable person until he child has attained the age of 21 years, or any ss age; or — (5) Place the child out in some approved foster ome- (c) Impose a fine not exceeding $10; or — \d) Suspend sentence for a definite period or for n indefinite period; or — (e) If the child has been found guilty of the ffence charged or is shown to be wilfully wayward nd unmanageable, commit the child to a certi- ed Industrial School for boys, or to the Refuge or girls, as the case may be, and in such cases, e report of the said officer shall be attached to e warrant of commitment. 5. Whenever an order has beeii made under lither of the two sections next preceding, the ^hild may thereafter be dealt with under the law :#f the Province of Ontario, in the same manner, ]n all respects, as if such order had been lawfully ade in respect of a proceeding instituted undei ihe authority of a statute of the Province of Ou- lario. 6. No Protestant child dealt with under this .ct, shall be committed to the care of any Roman latholic Children's Aid Society, or be placed in ,ny Roman Catholic family as its foster home; or shall any Roman Catholic child dealt with nder this Act, be committed to the care of any 'rotestant Children's Aid Society, or be placed in any Protestant family as its foster home. Bui 15 I > 1 this section shall not apply to the care of child ren in a temporary home or shelter^ established under the Act of Ontario, 66 Victoria, chapter 45, intituled **An Act for the Prevention of C a h 1 f hLl Teansition From Neglect. IG % of child stablished , chaptei ention of Cruelty to, and better Protection of Children, in a municipality in which there is but one Children's Aid Society." To Kindness. 17 I i ADDRESS ON THE JUVENILE COURT MOVEMENT. BY JUDGE MACK OF CHICAGO. m n? i In a recent address Judge Julian W. Mack, of Chicago, who has been a prominent figure in the Juvenile Court movement, said among other things, as follows: The first thing that suggests itself in connec- tion with a topic such as the juvenile court — a new court in our jurisprudence^is, what does it all meanP What is there distinctively new about it? You, as lawyers, naturally ask, **Has not the state always felt it to be its duty to take care of the children within its borders if they are neglected by the parent Is not the doctrine of parens patriae as ancient as the English law it- self? Was not the Crown in England and the State in this country the ultimate parent of all of the children, and if others had not intervened, did it not take the child in hand and endeavor to lead him on the way to good citizenship? And, if it did (as it did in a measure) what is there, then, distinctively new about the juvenile court?" In the first place, the doctrine of parens patriae, which is at the bottom of this structure, is as ancient as the law itself, and the state does at- tempt and has always attempted, through chan- 18 ^*^- :nt. Vlack, of re in the g other I connec- court — a t does it ew about 'Has not to take they are ctrine of \ law it- and the nt of all tervened, leavor to ) ? And, is there, court?" patriae, *e, is as does at- gh chan- cery or special courts, to take care of its depend- ents. And, so far as the juvenile court has to deal with the dependent children, there is noth- ing fundamentally new about it. The only thing that can be in any way called new in the juvenile court in its dealings with the dependents is that, in representing the state and in caring for them, it endeavors to carry out the most modern con- cepticns of philanthropy. For instance, it used to be thought that the place fcr an orphaned and neglected child was in an orphan asylum ; the best workers and students of child-life believe that the place for a child is in a home ; that no matter how wise and good the head of an orphan asylum may be, something vital is lacking in the child that fails to receive in childhood that individualized care and love and thought that your children receive in your own home, that you would always want your children to receive if you left them orphaned. This the child in the orphan asylum cannot receive, and so the agencies at the command of the juvenile > court, in placing out dependent children, en- deavor as far as possible to find homes for them, rather than Institutions. But, as I said, there is nothing vitally new in this. The fundamentally new thought that has come into our jurisprudence through the juvenile court is found in the hand- ling, not of the dependent, but of what we call the delinquent, child. The fundamental thought in our criminal jur- isprudence was not reformation of the criminal 19 ^m but punishment ; punishment as expiation for the wrong, punishment as a warning to other possible wrong-doers. Formerly, the child would be ar- rested; put into prison, indicted by the grand jury, tried by a petit jury, under all the forms and technicalities of our criminal law, with the one aim of ascertaining whether that child had done that specific thing — nothing else — and if it had, then visiting the punishment of the state upon it. Now, how is the new law to be administered h The problems involved are problems of philan- thropy, and it is therefore absolutely essential that the Judge administering these functions should be, or at least become, a student of the current problems of philanthropy. He should make himself familiar with current discussion on these questions, he should know what is going on in other jurisdictions, he should know what the best and latest thought on child-life and child- training and education is. In othfjr words, he must be not merely a student of law, but he must be a student of philanthropy. Philanthropic work and study falls to the lot of many of us, judges and non-judges. It is wise, if you have a man on the bench who is interested in these pro- blems, to select him for juvenile court work. To administer juvenile laws in accordance with their true spirit and intent requires a man of broad mind, of almost infinite patience, and one who is the possessor of great faith in humanity and thoroughly imbued with that spirit. 20 I ion for the ler possible uld be ar- the grand the forms , with the child had —and if it the state linistered 1* of philan- y essential functions ent of the He should scussion on is going on ^ what the and child- words, he w, but he ilanthropic any of us, you have a these pro- v^ork. dance with a man of e, and one humanity it. Those who come, and are intended to be brought, before juvenile courts, mu. j be reached through love, not fear. The purpose in bringing them before the cour*^^ is to lead them away from, and to destroy their propensities to, vice; to ele- vate, not degrade; to reform, not to. punish them. Their parents, likewise, must be met and dealt with in the same spirit. They should be directed in a proper spirit, and not be met with defiance. The conditions surrounding them may be due as much to lack of information and misfortune as to viciousness. The Judge of any court, and especially the Judge of a juvenile court, should therefore be willing at all times, not only to re- spect but to maintain and preserve the legal and natural rights of men and children alike. What is the actual work of the court? In the first place the aim is not to arrest the children, not to put them into prison, not to let them into the police court and mingle with the harlots and the vags, not to subject them to this moral con- tamination; we aim to notify them and to notify the parents to bring them in, and if there is any danger that they will not come in, then to pro- vide a separate juvenile home in which they can be detained until brought before the court. Most of the children who come before the court are, naturally, the children of the poor. In some cases the children are foreigners. These poor people have not been able to give their children the opportunities that your children have, they 21 I h I i .*1 i; V f. are not able to give them that oversight and supervision; the parents themselves often do not know how to train and raise their children. What they need^ more than anything else, is friendly help ; and the aim of the court, in appointing a probation officer for the child, is not so much to have the child or the parents feel the p^^wer of the state but to have the child and the parents feel the friendly interest of the state, to have thern realize that the aim of the court is to help them to train that child right; and so the probation officers must be selected alcng these lines, men and women who are fitted for these taska. What we need in the large cities, what we need in the small cities, what we need everywhere in connection with the juvenile court work, is an aroused public interest, is to have the entire com- munity feel that this work of saving the child is not our work alone, not the work of the court and the paid officials, but the work of the entire community, because the future of that community is going to depend upon whether the children of to-day who are going wrong shall be changed into good citizens or shall be allowed to run the down- ward course and become the criminals of the future. And therefore, if we can get for every boy and girl that comes into court some one good man or woman, who knows what life really means, who ha» made a success, (and I don't mean a monetary success) a real success of life, who is imbued with the spirit of that phrase that passes our lips so 22 •■-'u. Lght and n do not n. What friendly >inting a much to er of the rents feel ave them lelp them probation men and what we rerywhere jrk, is an tire oom- the child the court ihe entire )mmunity lildren of nged into the down- of the T boy and d man or lans, who monetary )ued with ir lips so easily, but is achieved in the lives of so few of us, who realizes the true meaning of human brotherhood, who is willing to give not that which J is so easy for anyone who has a surplus above his I needs, merely money, but to give that which is ■ hard for most of us to give, ourselves, our time, four thought; if we can get for eacH boy and girl who comes into the juvenile court just one such person to be a real friend to that child the future I is pretty safe ; that child is going to be saved, he is going to be kept from going the downward path. We want the decent men and women, young and old, who will take that child into their own homes for a visit or a dinner ; who, if the lad is out of work will get him a job, who will be in- terested in him, and who will be interested in see- ing that the father and the mother do their duty toward their children. The juvenile court has been a leading topic in the last six or eight years. There is no subject in all the realm of philanthropy, unless it be jthat of the treatment of tuberculosis, that has ibeen so much discussed. The result is that people fhave received a rather exaggerated idea of it, -and the good women, particularly, have come to think of the court as something superlatively ,|good, and that there is nothing better for a child Ithan to bring it before the court. Now, that is |complete fallacy. The juvenile court is a most ex- fcellent substitute for the old criminal court in s , . , ^dealing with children. We took a wise step for- |ward when we decided that they shall not be 23 ■■I h i ■*™ This boy, born in Toronto, was at nineteen a noted criminal, and met his death while resisting arrest. Few people realize the enormous expense that even one neglected boy may entail upon the community. The better care of even a dozen of these unfortunate children would save enough money to maintain several probation agents. Note on his breast the number of wrecked lives that preceded this lad in our Ontario prison ! 28 oted rest. Jven lity. aate eral >r of ario 1 f -?! m t-. WHICH ROAD>