A Timeline of Youth Justice Related Events, Legislation and Legal Decisions through 2021
Adapted from León, M. (2021). Examining the Application of Social Justice Youth Development in Juvenile Justice Settings Using a Mestiza Methodology. (Doctoral dissertation).
This timeline outlines major policy decisions within the macro and chronosystem within an ecological model, necessary for critical discourse to achieve sustainable change. Specifically, an understanding of the context of the socio-political and economic structures and systems provides greater insight to identify the specific systems and policies that directly impact individuals and communities. Kirshner and Ginwright (2012) describe that one of the present shortcomings of the ecological approaches is the insufficient attention given to the sociopolitical and time context.
The following timeline reflects the treatment of youth at a macro level within U.S. law. The invisibility and marginalization of Black, brown, and Indigenous youth within the law is compounded because of race and gender. Including this timeline is an important part of research guided by Mestiza methodology as it helps to locate where power is, and is not, and offers a glimpse of the socio-historical context that youth in juvenile justice system.
The timeline includes key markers at the intersection of race, youth, and juvenile justice that have served as precedent for ensuing legislation and legal decisions. Mechanisms that exist within the American legal system, like stare decisis, reproduce silence and invisibility as case precedent is built off previous court decisions, reinforcing the lack of protection for people of color and youth (Moore, 2014).
1526 Africans kidnapped and brought to region that would become the United States
1601 The Poor Act of 1601
1646 Stubborn Child Law set by General Court of Massachusetts Bay makes child disobedience towards a parent a capital offense
1675 “The Great Swamp Fight” or “Great Massacre” settlers attach Narragansett village, killing 1,000 Narragansett men and binding out children to settler families
1776 Declaration of Independence
1787 United States Constitution written and ratified
1790 U.S. Congress states that any white “alien” living in the U.S. for two years can become a citizen
1800s Child labor exploitation among poor immigrant families is common due to industrialization
1817 Prevention of Pauperism of New York
1819 The Civilization Act Fund used for Indian Boarding Schools to teach Indian children values of white colonists, guided by the motto, “kill the Indian, save the man”
1824 The Yates Report is commissioned by New York City recommends institutionalization of poor and ragged children
1825 The New York House of Refuge set up for poor white youth to prevent expected delinquency, black youth were excluded
1835 Houses of Refuge add section for “colored children”
1838 Ex Parte Crouse Supreme Court introduces parens patriae that gives the state the ability to make decisions for families that to its attention
1841 John Augustus started community probation program with limited accessibility for Black men and women
1865 Emancipation Proclamation
1865 Ku Klux Klan started in Tennessee as a private club and grew to a secret society
1866 13th Amendment of the Constitution is passed- abolition of slavery
1866 Freedmen’s Code enabled former slaveholders to force Black children into apprenticeships and become legal guardians until adulthood
1868 14th Amendment of the Constitution is passed- Equal Protection under the law
1870 Black codes are passed, criminalizing Black individuals for actions they would not be punished for if they were white
1870s prison farms and convict leasing becomes common practice throughout the South
1871 Virginia Supreme Court rules that an incarcerated person is a “slave of the state”
1871 Civil Rights Act of 1871 authorized use of armed forces against those who denied equal protection of the law
1873 Phrase “persons of African nativity or descent” added to act of 1790 to prevent Asian Americans from citizenship
1882 Congress passes the Chinese Exclusion Act
1883 Supreme Court rules federal enforcement of certain crimes as provided in Civil Rights Act of 1871 unconstitutional
1885 Major Crimes Act passed by Congress and removing tribal sovereignty
1890 Census data show 18% of Black prisoners were youth
1896 Plessy v. Ferguson Supreme Court upheld “separate but equal” doctrine and constitutionality of racial segregation
1899 An Act for the Treatment and Control of Dependent, Neglected and Delinquent Children is drafted and precursor to establishing the first juvenile court
1899 Juvenile Court Act passed, establishing the first juvenile court in the U.S.
1905 The Asiatic Exclusion League formed in San Francisco
1906 San Francisco Board of Education votes to segregate Japanese, Chinese, and Korean students
1908 Gentlemen’s Agreement ends migration of Japanese workers to U.S.
1912 Children’s Bureau was established and juvenile courts set up in 22 states
1913 Alien Land Law passed in California, 12 states later, preventing land ownership for “all aliens ineligible from land ownership” and eventually leasing
1916 Measurement of Intelligence by Lewis Terman published and described Mexicans, Filipinos and Blacks as “feeble-minded” and was cited as justification for incarceration and sterilization of youth to promote public safety
1920 White women are granted the right to vote
1920 Alien Land Law passed in California, with stricter laws
1921 Orden Hijos de América (Order of the Sons of America) organizes Latino workers to raise awareness of civil rights, including fair wages, education, and housing
1922 Supreme Court reaffirms ban on Japanese people from becoming naturalized citizens
1924 Congress passes Immigration Act of 1924 denied entry to Mexicans, Japanese and Southern and Eastern Europeans; Filipinos denied citizenship and foreign status
1927 Confederación de Uniones Oberas Mexicanas (Federation of Mexican Workers Union) is first large-scale effort to organize Mexican workers
1928 Convict leasing ends and chain gangs begin
1931 Scottsboro Trial in Alabama, nine Black youth were accused of raping two white women on a train. Eight of the nine were convicted and sentenced to death.
1940 Mary Huff Diggs releases report reviewing racial disparity in 53 courts
1940 Correctional institutional model in the North reserves rehabilitation for whites
1940s Cessation of chain gangs
1942 Incarceration of Japanese Americans in internment camps
1942 Bracero Program created to bring Mexican workers to the U.S. temporarily
1942 17 Latino youth wrongly convicted in “Sleepy Lagoon” trial based on witness testimony citing need to draw blood because of Indian or Aztec heritage
1942 U.S. Navy orders and begins removing Japanese Americans, those not removed are given a curfew and must remain indoors from 8pm to 6am
1942 Over 92,000 Japanese Americans detained in “Assembly Centers”
1943 Hirabayashi v. U.S. and Yasui vs. U.S. Supreme Court rules curfew orders for Japanese Americans is constitutional
1944 Prince v. Massachusetts Supreme Court rules parental authority is not absolute and government has authority to regulate actions and treatment of children
1944 U.S. issues a draft on Japanese men, including those in internment camps, men who resist are charged with federal crimes
1943 Zoot Suit Riots last 10 nights in Los Angeles, results in 500+ Latino youth arrested and charged with vagrancy and rioting
1944 George Stinney, a Black 14 year old, is executed in South Carolina after a wrongful conviction. He is the youngest person to be executed since World War II.
1944 Fair Employment Practices Bill is introduced by Senator Dennis Chavez, and proposed prohibiting discrimination based on race, creed, or national origin. It is not passed.
1945 Japanese Americans are allowed to leave internment camps
1946 Tule Lake, the last internment camp is closed
1947 Mendez et al. v. Westminster ending discriminatory practices against students
1948 Japanese American Evacuation Claims Act signed to repay Japanese Americans for loss of income and property
1952 McCarren- Walter Act grants most Asian women the right to vote
1953-58 “Operation Wetback” results in U.S. Immigration Services unfairly arresting and deporting 3.8 million Latin Americans
1954 Brown v. Board of Education Supreme Court ruled racial segregation in schools unconstitutional
1954 Hernandez v. Texas is the first post-WWII Latino civil rights case. Supreme Court ends discrimination based on class and ethnic distinctions.
1957 Indian Citizen Act grants Native American right to vote, however still face voter suppression
1963 Equal Pay Act passed to prevent sex-based wage discrimination
1964 Civil Rights Act of 1964 signed
1965 Equal Employment Opportunity Commission is established to eliminate unlawful employment discrimination
1965 United Farm Workers association is established by Cesar Chavez and Dolores Huerta
1965 Voting Rights Act signed to end discriminatory practices and grants Black women and some Latinx women the right to vote
1966 Kent v. United States Supreme Court ruled youth have same due process rights as adults under 14th Amendment
1966 Cuban American Adjustment Act passed to allow Cubans who have lived in the U.S. for at least one year to become permanent residents
1967 Loving v. Virginia Supreme Court rules ban of interracial marriage is violation of Equal Protection and Due Process clause of 14th Amendment
1967 Age Discrimination in Employment Act passed to protect people between 40-65 years old
1967 In re Gault requires youth are given right to notice of charges, legal counsel, questioning of witnesses, and protection against self-incrimination
1968 Mexican American Legal Defense and Education Fund set up as first legal fund to protect civil rights of Mexican Americans
1968 Fair Housing Act ended discrimination in selling and renting homes
1969 Young Lords Organization established in Chicago by Puerto Rican youth using direct action and political education
1970 In re Winship required establishing guilt by proof beyond a reasonable doubt
1970 U.S. Department of Health, Education and Welfare issues memo protecting students from being denied access to educational programs for not being able to speak English
1971 Reed v. Reed: Supreme Court rule gender discrimination is unconstitutional and violation of 14th Amendment
1971 McKeiver v. Pennsylvania jury trials not required in juvenile court
1974 Juvenile Justice and Delinquency Prevention Act is passed in Congress
1974 Lau v. Nichols Supreme Court reaffirms 1970 memo that students cannot be denied access or participation in educational program as a result of not being able to speak or understand English
1975 Congress expands Voting Rights Act to include language assistance at polling centers, allowing all Latinx women the right to vote
1983 The Commission on Wartime Relocation and Internment of Civilians issues report recommending an apology and $20,000 to 60,000 people
1984 Schall v. Martin pretrial detention for youth is allowed in some cases
1985 Flores v. Reno challenges the processes and conditions of treatment of youth detained by Immigration and Naturalization Services
1986 federal mandatory minimum sentences established for possession of cocaine
1986 The Anti-Drug Abuse Act of 1986 established sentencing disparity between the distribution of crack versus powder cocaine
1986 Immigration Reform and Control Act provides legalization for some undocumented workers
1988 Courts ruled executing youth under 16 was a violation of the 8th Amendment
1989 Case of the Central Park Jogger results in five Black youth, the Central Park Five, being wrongfully incarcerated for 13 years
1990 California Delegation Against Hate Violence documents human rights violations by Immigration and Naturalization Services and private citizens against migrants
1990 Americans with Disabilities Act is signed to protect individuals with disabilities from discrimination in the workplace
1990 Riyadh Guidelines (UN Guidelines for the Prevention of Juvenile Delinquency) are adopted by the UN General Assembly
1990 Agreement to End Juvenile Life Without Parole by the UN at the Convention on the Rights of the Child states children should not be subjected to torture, inhumane, degrading treatment or given the death penalty or life without the possibility of parole.
1991 Civil Rights Act passed
1992-97 juvenile courts have expanded sentencing options, transfer to adult court becomes easier and confidentiality provisions are removed
1994 Zero Tolerance Policy introduced to reduce drugs and weapons on school grounds
1996 false idea of “super-predators” popularized by book Body Count by DiIulio, Bennet & Walters
1997 Flores Settlement established standards for processes and conditions of detention for children and youth in custody of Immigration and Naturalization Services
2001 Hate crimes, police profiling, and harassment against Arab Americans and people of Middle Eastern descent increases
2003 Prison Rape Elimination Act (PREA) is signed to address rape and sexual assault in U.S. correctional facilities
2004 The Minuteman Project is set up by anti-immigrant citizens and known white-supremacists at the U.S./ Mexico border
2005 Roper v. Simmons: Supreme Court ending death penalty for youth
2006 Day Without Immigrants is organized by Latinos to demonstrate contributions
2010 Graham v. Florida: Supreme Court ending life sentences for youth for non-homicide offenses
2010 Fair Sentencing Act reduced sentencing disparity established by Anti-Drug Abuse Act of 1986
2012 Miller v. Alabama and Jackson v. Hobbs Supreme Court rules mandatory juvenile life without parole sentences are violation of 8th Amendment
2016 Montgomery v. Louisiana Supreme Court rules Miller decision to be applied retroactively
2018 Zero-Tolerance policy at the U.S.-Mexico border directs federal prosecutors to criminally charge adults crossing the border illegally and to separate children from their parents in separate detention facilities
2018 Juvenile Justice Reform Act signed after Juvenile Justice and Delinquency Prevention Act is reauthorized by Congress, specifically intending to address racial disparities and keep youth out of adult facilities
2018 SB 1391 repeals prosecutor’s ability to transfer 14 or 15 year-olds to adult court
2019 SB 394 16-17 year-olds who are sentenced to life without parole eligible for parole after serving 24 years
2021 Jones v. Mississippi Supreme Court effectively reverses decisions of SB 394 and grants judges discretion to sentence 16-17 year olds to life without parole without proof of consideration for youth’s developmental maturity; Justice Sotomayor vehemently opposes the Court’s decision in her dissent and is joined by Justices Kagan and Breyer