Evening star. [volume] (Washington, D.C.) 1854-1972, 1936-01-26
BY JOHN c. HENRY.

BY JOHN G. HENRY.
ASED upon the broad theory
- Of social responsibility Is OPP
n posed to individual response
~ bility in the shaping of human
character, the bill providing for thor.
ough revision of the Juvenile Court
set-up In the District Of Columbia
now awaits the scheduling Of hearings.
Supported by several organizations
in the city, the legislation was intro
duced in the House by Representative
Norton. Democrat, of New Jersey, and
chairman of the District Committee.
Mrs. Norton has declared her inten-
ton Of holding hearings. at which
time considerable testimony for and
against the proposal is expected.
Preliminary to any discussion OF
the bill itself, thought should be given
to the philosophy in which such .
law is founded, as contrasted with
that motivating the general pattern
Of criminal court law.
Briefly, those who subscribe to the
theory Of individual responsibility BE-
lieve that individuals have the right
to grow up as they please, or as their
parents please. and the right to con-
tinue life as they please-unttl this
pleasure involves an oiense against
society. When 1t does. they are sub
ject to punishment. Until or unless
it does, however. society has no right
to interfere or to guide.
In the philosophy Of social respon-
sibility is found much broader con-
ception of what society may and
should do. Here, society does not
stand aloof until offended against; 1t
takes unto itself the right to enter
the private lives Of individuals ut the
FIRST indication that the individual Il
not leading = well-ordered existence
Advice, guidance and supervision may
be extended; punishment is attempted
only when these have failed.
Law and Equity Problems.
In application. We find the first Of
these PHILOSOPHERS in operation Of the
criminal court. the second In courts
Of equity or chancery.
The so-called criminal law and
criminal courts grew on the founda-
ton Of common law, itself . struc-
ture built upon custom and prece-
dent. Inflexible, this common Law
provides no remedy for many wrongs
with the result that there grew up
beside the common law courts Of
England the tribunal of the chan
cellor. Here, among others. were Is.
sues involving the rights Of children,
proclaimed wards Of the State.
In America, the idea Of q separate
court Of chancery for juveniles has
been . comparatively recent develop.
ment.
In the District, the present Juvenile
Court is an outgrowth Of the Police
Court, Itself . criminal tribunal orig.
inally established to handle petty Of
lenses involving either adults or juve-
niles. Realization that children's
cases should not be mixed with those
of adults, the local Juvenile Cour'
was established. It remained. how.
| ever, . court In which offenders. un'
der q certain age, are brought K
trial.
The ofIenses parallel those for which
adults are brought into police courts
the procedure may be identical ant
the defendant children are accorded
the same legal rights rs are avail
able to adults in other courts. The!
may have counsel, they may pleas
guilty or otherwise, they may re-
quest trial by jury and may appea
decisions. Cases are prepared ant
referred to the court by the ONCE o
the corporation counsel-are shapes
in conformance to good. legal pro