Juvenile justice is a technical term that refers to the specific area of law and affiliated institutions, most notably the juvenile court, with jurisdiction over the cases of minors who are accused of being miscreants. Although the idea that the law should treat minors differently from adults predates the American Revolution, juvenile justice itself is a Progressive Era invention. Its institutional legitimacy rests on the power and responsibility of the state to act as a parent (parens patriae) on behalf of those who cannot care for themselves. Since the establishment of the world’s first juvenile court in Chicago in 1899, this American idea of creating separate justice systems for juveniles has spread across the nation and much of the world. For more than a century, American states have used their juvenile justice systems to respond to youth crime and delinquency. Since the 1960s, the US Supreme Court has periodically considered whether juvenile courts must provide the same constitutional due process safeguards as adult criminal courts and whether juveniles prosecuted in the criminal justice system can receive the same sentences as adults, such as the death penalty or life without the possibility of parole.
David S. Tanenhaus
In late 19th- and early 20th-century America, a new image of womanhood emerged that began to shape public views and understandings of women’s role in society. Identified by contemporaries as a Gibson Girl, a suffragist, a Progressive reformer, a bohemian feminist, a college girl, a bicyclist, a flapper, a working-class militant, or a Hollywood vamp, all of these images came to epitomize the New Woman, an umbrella term for modern understandings of femininity. Referring both to real, flesh-and-blood women, and also to an abstract idea or a visual archetype, the New Woman represented a generation of women who came of age between 1890 and 1920 and challenged gender norms and structures by asserting a new public presence through work, education, entertainment, and politics, while also denoting a distinctly modern appearance that contrasted with Victorian ideals. The New Woman became associated with the rise of feminism and the campaign for women’s suffrage, as well as with the rise of consumerism, mass culture, and freer expressions of sexuality that defined the first decades of the 20th century. Emphasizing youth, mobility, freedom, and modernity, the image of the New Woman varied by age, class, race, ethnicity, and geographical region, offering a spectrum of behaviors and appearances with which different women could identify. At times controversial, the New Woman image provided women with opportunities to negotiate new social roles and to promote ideas of equality and freedom that would later become mainstream.
Examining American history through the lens of black girlhood underscores just how thoroughly childhood everywhere is not “natural” but depends heavily on its social construction. Furthermore, ideas about childhood innocence are deeply racialized and gendered. At the end of Reconstruction, African Americans lost many of the social and political gains achieved after the Civil War. This signaled the emergence of Jim Crow, placing many blacks in the same social, political, and economic position that they occupied before freedom. Black girls who came of age in the 20th century lived through Jim Crow, the civil rights movement, Black Power, and the rise of the New Right. Moreover, black girls in the 20th century inherited many of the same burdens that their female ancestors carried—especially labor exploitation, criminalization, and racist notions of black sexuality—which left them vulnerable to physical, emotional, and sexual violence. In short, black girls were denied the childhood protections that their white counterparts possessed. If fights for cultural representation, economic justice, equal access to education, and a more just legal system are familiar sites of black struggle, then examining black girlhood reveals much about the black freedom movement. Activists, parents, and community advocates centered black girls’ struggles within their activism. Black girls were also leaders within their own right, lending their voices, bodies, and intellect to the movement. Their self-advocacy illustrates their resistance to systemic oppression. However, resistance in the more obvious sense—letter writing, marching, and political organizing—are not the only spaces to locate black girls’ resistance. In a nation that did not consider black children as children, their pursuit of joy and pleasure can also be read as radical acts. The history of 20th-century black girlhood is simultaneously a history of exclusion, trauma, resilience, and joy.