The History of Juvenile Justice in Texas

Juvenile Justice in this country can be traced back to Cook County, Illinois and the year 1899. Texas was one of the final states to establish a juvenile justice system as we think of it today. Before 1918, when it was raised to 17, the age for criminal responsibility was 13 years old. And not until 1943 did the Texas Legislature initiate special civil procedures for youth offenders (Shaw & Penn, 2008).

Texas juvenile law comes mainly from Title III of the Texas Family Code, “Juvenile Justice Code”, the main goals of which are to “provide for the safety and protection of the public, promote the concept of punishment and accountability, and provide treatment and rehabilitation of the juvenile offender in the community” (Shaw & Penn, 2008, p.2).

Morales v. Turman (1971), established the first national standards in terms of treatment of incarcerated juveniles, and it prompted many changes in Texas as well. Youth were afforded due process rights for the first time, corporal and other forms of inhumane punishment were prohibited, a youth grievance and mistreatment investigation system was established, and dependent and neglected youth were moved out of institutions and into foster care (Shaw & Penn, 2008).

According to Shaw and Penn (2008), there are three classifications of juveniles who may enter into the juvenile justice system in Texas: non-offenders (come into the system because of the actions of a third-party; usually a parent or guardian), “status” offenders (have committed a non-criminal misbehavior such as disobedience), and juvenile delinquent offenders (actions committed which would result in criminal prosecution if committed by an adult offender).

In 1995, the 74^th Texas Legislature responded to a crime spike of the late 80s and early 90s by passing expansive “get tough” juvenile reform. Some of the highlights of this reform include: the certification age was lowered from 15 to 14 for capitol and first-degree felonies, the range of maximum sentences increased to 40 years for first degree felonies, and Texas Youth Commission (TYC) was authorized to request to transfer sentenced youth after age 16 to adult prison to complete the sentence (Shaw & Penn, 2008).

Shaw, R., and Penn, E.B. (2008). Chapter 5. Purpose and Scope of the Texas Juvenile Justice System. [Review of Juvenile Justice: A Guide to Theory, Policy and Practice (6^th Ed.)]. Thousand Oaks, CA: Sage Publishing.