Behind the Courthouse Doors addresses the historical development of the juvenile, and its successor, the family courts, expanding the concept of coercive control to include institutional coercive control. These courts were intended to be a progressive reform effort to provide humane treatment for children, separating them from adults accused of crimes. In the early twentieth century, the first juvenile courts were intended to be informal, private judicial forums. In these courts, one experienced judge was to address all the problems experienced by families, as the head of an interdisciplinary team. Rather than using traditional litigation to resolve these legal problems, judges were to provide therapeutic justice to solve the family''s underlying problems. From their inception, these courts lacked sufficient funds and training needed to address the complex problems of vulnerable families. This book addresses the research on the historical development of the juvenile and family courts, and related child protection and juvenile delinquency systems. The failure of the U.S. to ratify international treaties that govern the treatment of children has impacted the care of children in the immigration courts as well. During immigration proceedings, the problem is particularly acute for children who have no guaranteed right to court-appointed attorneys and are at risk of detention and deportation. All of these institutions exercise control over children. Without transparency through court monitoring, a documented process to learn from the tragedy of each child fatality, effective judicial training, and the use of evidence-based trials, unfettered institutional control becomes coercive.
Industry Reviews
"Among many astounding revelations to an outsider found in this work will be that family courts were and are "private": as they lack, or make difficult, public access, are devoid of transparency, accountability, adequate documentation, record keeping, and even safety for litigants. In stark contrast to the criminal court system, in the family courts evidence-or fact-based proceedings are often a casualty, as is due process. This book offers many telling
examples nationwide of crushing injustice as well as determined resistance to reform. All those concerned with these issues, whether ordinary citizens or those charged with the responsibility to reform or to
abolish the family court system will find Fischel-Wolovick's new book-brilliant, accurate, insightful, comprehensive, inspiring as it isDLan invaluable guide." -- Frederick M Schweitzer, Professor Emeritus of History, Manhattan College
"In this comprehensive and impeccable work of scholarship, author Lisa Fischel Wolovick dissects the historical, philosophical, and legal precedents that have produced the biased attitudes and discriminatory practices of our present family court system. This is a probing examination of a deeply flawed system, an analysis enriched by the many years of in-the-trenches experiences possessed by its author. Advocates working on behalf of our nation's most vulnerable
citizens-abused and neglected children-are bound to discover compelling new insights within the pages of this book." -- Dr. Mo Therese Hannah, Emerita Professor of Psychology, Siena University, New
York State Licensed Psychologist
"For more than twenty years, I have observed family courts across the United States and have seen firsthand how court decisions can shape the lives of children and families for generations. Having worked with Lisa Fischel-Wolovick for the past seven years, I appreciate the extensive research and historical perspective she brings to this important topic. Behind the Courthouse Doors: The Institutional Control of Children challenges readers to look beyond
individual cases and consider the systems, policies, and practices that influence outcomes for families. It is a timely and thought-provoking contribution to an important public conversation." -- Renee Beeker,
Founder & President, National Family Court Watch Project