YOUTH and JUSTICE in WESTERN STATES, 1815–1950 from Punishment to Welfare

World Histories of Crime, Culture and Violence YOUTH AND JUSTICE IN WESTERN STATES, 1815–1950 From Punishment to Welfare Edited by Jean Trépanier and Xavier Rousseaux World Histories of Crime, Culture and Violence Series Editors Marianna Muravyeva University of Tampere Tampere, Finland Raisa Maria Toivo University of Tampere Tampere, Finland Palgrave’s World Histories of Crime, Culture and Violence seeks to publish research monographs, collections of scholarly essays, multi- authored books, and Palgrave Pivots addressing themes and issues of interdisciplinary histories of crime, criminal justice, criminal policy, culture and violence globally and on a wide chronological scale (from the ancient to the modern period). It focuses on interdisciplinary studies, historically contextualized, across various cultures and spaces employing a wide range of methodologies and conceptual frameworks. More information about this series at http://www.palgrave.com/gp/series/14383 Jean Trépanier · Xavier Rousseaux Editors Youth and Justice in Western States, 1815–1950 From Punishment to Welfare Editors Jean Trépanier Xavier Rousseaux University of Montreal Université catholique de Louvain Montreal, QC, Canada Louvain-la-Neuve, Belgium World Histories of Crime, Culture and Violence ISBN 978-3-319-66244-2 ISBN 978-3-319-66245-9 (eBook) https://doi.org/10.1007/978-3-319-66245-9 Library of Congress Control Number: 2017950404 © The Editor(s) (if applicable) and The Author(s) 2018, corrected publication 2018 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifcally the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microflms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specifc statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affliations. Cover illustration: ‘Audience du Juge des enfants’, Brussels, ca. 1913. Courtesy of Brussels City Archives Printed on acid-free paper This Palgrave Macmillan imprint is published by Springer Nature The registered company is Springer International Publishing AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland The original version of the book was revised: Contributor text has been updated in Frontmatter. v CONTENTS 1 Introduction 1 Jean Trépanier and Xavier Rousseaux Part I An International Overview 2 The Roots and Development of Juvenile Justice: An International Overview 17 Jean Trépanier Part II Nineteenth Century Responses to Juvenile Delinquency: Punishment, Reform and Child Protection 3 The Origins of Informal Juvenile Court Practices and of the Juvenile Reformatory in England, 1815–1855 73 Peter King 4 From Punishment to Reform: Boys in Gaol and Reform Institutions, Montreal, 1853–1921 99 François Fenchel, Jean Trépanier and Sylvie Ménard vii viii CONTENTS 5 “Endangered” Children and the Montreal Ladies’ Benevolent Society Industrial School, 1883–1921 131 Janice Harvey Part III A New Institution in the Welfare Era: Juvenile Court Policies and Practices 6 Between Great Expectations and Hard Times: The First Decade of the Geneva Children’s Penal Court, 1914–1925 163 Joëlle Droux and Mariama Kaba 7 The Practice of the Juvenile Judge in the Netherlands: The Family Supervision Order as a Response to the Sexual Misbehaviour of Minors, 1922–1940 197 Ingrid van der Bij and Jeroen J.H. Dekker 8 A ‘Wayward’ or ‘Incorrigible’ Youth? Juvenile Crime and Correctional Education in Post-war Germany, 1945–1953 225 David Meeres 9 Youth Delinquency Redefned: The Practice of Scientifc Observation and Diagnosis Within the Framework of Belgian Child Protection, 1913–1960 253 Jenneke Christiaens Part IV Children and Families Before the Juvenile Court 10 Girls’ Journeys to the Juvenile Court, Antwerp, 1912–1933 279 Margo De Koster 11 Juvenile Delinquency in Wartime and Peacetime: The Activity of the Belgian Juvenile Courts, 1912–1950 311 Aurore François COntents ix 12 The Price of Virtue: Socio-Judicial Regulation of Juvenile Sexuality in France During the First Half of the Twentieth Century 333 David Niget 13 Children and Their Families in the Montreal Juvenile Delinquents Court, 1912–1950: Actors or Spectators of Their Own Fate? 365 Jean Trépanier 14 Conclusion: Towards a Transnational History of Youth in Justice Systems 389 Jean Trépanier and Xavier Rousseaux Index 419 EDITORS AND CONTRIBUTORS About the Editors Jean Trépanier studied law and criminology. He holds a PhD from the London School of Economics and Political Science. After working as a civil servant (including as a juvenile probation offcer) for a few years, he joined the staff of the School of Criminology at the Université de Montréal, where he taught on youth justice policies and criminal law. Now a Professor emeritus, he has been involved in research and has published extensively on youth justice, both from an historical and a cur- rent perspective. He is a researcher both at the Centre International de Criminologie Comparée (CICC) of the Université de Montréal and at the Centre d’Histoire des Régulations Sociales (CHRS) of the Université du Québec à Montréal. Xavier Rousseaux studied history, philosophy, sociology and com- munication at the Université de Louvain. He has written extensively on the long term history of crime and criminal justice. He has spent research leaves in France (CNRS, Institut d’Études avancées) and in the Netherlands (NIAS, Wassenaar). He is coordinator of three main collective research projects on Justice and Populations, Colonial Judges and Transnational Reformers. He is a founding member and review editor of the international journal Crime, History & Societies. xi xii EDITORS AND CONTRIBUTORS Contributors Jenneke Christiaens teaches criminology at the Vrije Universiteit Brussels, Belgium. Margo De Koster teaches historical criminology at the Vrije Universiteit Amsterdam, The Netherlands, and at the Vrije Universiteit Brussel, Belgium. Jeroen J.H. Dekker is full professor of History and Philosophy of Education at the University of Groningen (The Netherlands), Faculty of Behavioural and Social Sciences, department of education. Joëlle Droux is maître d’enseignement et de recherche at the Faculty of Psychology and Education of the Université de Genève, Switzerland. She is a member of the Équipe de recherche en histoire sociale de l’éducation. François Fenchel teaches criminology at the School of Social Work of Université Laval, Québec City, Canada. Aurore François teaches history and is Director of the Archives Service at Université catholique de Louvain, Belgium. Janice Harvey teaches history at Dawson College, Montreal, Canada. Mariama Kaba, PhD, is a research associate at the Institute of Humanities in Medicine, CHUV-University of Lausanne, and a senior lecturer in history at the University of Lausanne. She is also the secretary of the Swiss Society for the History of Medicine and Sciences. Peter King is Professor emeritus of history at the University of Leicester, England. David Meeres obtained a PhD from the University of Limerick, Ireland, with a thesis on policing ‘wayward youth’ in Germany, 1939–1953. He was awarded a research scholarship from the German Historical Institute in London and has tutored history at the University of Limerick. He is currently a professional tour guide in Berlin. Sylvie Ménard completed a PhD degree in history at the Université du Québec à Montréal. She has taught history at the Université du Québec, both in Montreal and Trois-Rivières, at the Université de Montréal and at Ahuntsic College, Montreal. She has been an affliated researcher at the Centre d’histoire des regulations sociales, Université du Québec à Montréal. EDITORS AND CONTRIBUTOrs xiii David Niget is Assistant professor at the History Department of the Université d’Angers, France. He worked several years at the Centre d’histoire du droit et de la justice (CHDJ) at the Université catholique de Louvain, Belgium. He is an affliated researcher at the Centre d’histoire des régulations sociales, Université du Québec à Montréal. Ingrid van der Bij is a doctoral student at the University of Groningen, The Netherlands. She is affliated with the Faculty of Behavioral and Social Sciences of the University of Groningen and coordinator of the Archive and Documentation Centre for Dutch Behavioral Sciences (psychology, pedagogy and educational science). LIST OF FIGURES Chapter 4 Fig. 1 Annual admissions of boys on remand and sentenced at the Montreal gaol and reform institutions, 1853–1921 106 Fig. 2 Average sentence length of boys sent to the Montreal gaol, 1853–1921 115 Fig. 3 Average sentence length of boys sent to reform institutions, Montreal, 1861–1921 115 Chapter 5 Fig. 1 Number of children admitted to the Montreal Ladies’ Benevolent Society Industrial School, 1884–1921 142 Chapter 6 Fig. 1 The Geneva Children’s Penal Court (1914–1926): Number of minors brought before the Court, cases instructed, minors sentenced 178 Fig. 2 Sentences and measures ordered by the Geneva Children’s Penal Court, 1914–1926 (according to offcial reports) 185 Chapter 9 Fig. 1 Evolution of the population at the Mol Observation Centre, 1930–1960 268 Chapter 11 Fig. 1 Minors brought before courts, Belgium, 1913–1950 318 Fig. 2 Minors subjected to measures between 1915 and 1949 according to acts committed (numbers), Belgium 321 xv xvi LIST OF FIGURES Fig.

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