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In the late nineteenth century, progressive reformers recoiled at the prospect of the justice system punishing children as adults. Advocating that children's inherent innocence warranted fundamentally different treatment, reformers founded the nation's first juvenile court in Chicago in 1899. Yet amid an influx of new African American arrivals to the city during the Great Migration, notions of inherent childhood innocence and juvenile justice were circumscribed by race. In documenting how blackness became a marker of criminality that overrode the potential protections the status of "child" could have bestowed, Tera Eva Agyepong shows the entanglements between race and the state's transition to a more punitive form of juvenile justice. In this important study, Agyepong expands the narrative of racialized criminalization in America, revealing that these patterns became embedded in a justice system originally intended to protect children. In doing so, she also complicates our understanding of the nature of migration and what it meant to be black and living in Chicago in the early twentieth century.
A brilliant analysis of the foundations of racist policing in America: the day-to-day brutalities, largely hidden from public view, endured by Black youth growing up under constant police surveillance and the persistent threat of physical and psychological abuse "Storytelling that can make people understand the racial inequities of the legal system, and...restore the humanity this system has cruelly stripped from its victims.” —New York Times Book Review Drawing upon twenty-five years of experience rep­resenting Black youth in Washington, D.C.’s juve­nile courts, Kristin Henning confronts America’s irrational, manufactured fears of these young peo­ple and makes a powerfully compelling case that the crisis in racist American policing begins with its relationship to Black children. Henning explains how discriminatory and aggressive policing has socialized a generation of Black teenagers to fear, resent, and resist the police, and she details the long-term consequences of rac­ism that they experience at the hands of the police and their vigilante surrogates. She makes clear that unlike White youth, who are afforded the freedom to test boundaries, experiment with sex and drugs, and figure out who they are and who they want to be, Black youth are seen as a threat to White Amer­ica and are denied healthy adolescent development. She examines the criminalization of Black adoles­cent play and sexuality, and of Black fashion, hair, and music. She limns the effects of police presence in schools and the depth of police-induced trauma in Black adolescents. Especially in the wake of the recent unprece­dented, worldwide outrage at racial injustice and inequality, The Rage of Innocence is an essential book for our moment.
Incarceration of children is rising rapidly throughout of Australia, with indigenous children most at risk of imprisonment. Indigenous and non-indigenous children have been subject to detention in both welfare and justice systems in Australian states and territories since colonization. Countless governments and human rights enquiries have attempted to address the problem of the increasing criminalization of children, with little success. David McCallum traces the history of 'problem children' over several decades, demonstrating that the categories of neglected and offending children are both linked to similar kinds of governing. Institutions and encampments have historically played a significant role in contributing to the social problems of today. This book also takes a theoretical perspective, tracking parallel developments within the human sciences of childhood and theories of race. Applying a social theoretical analysis of these events and the changing rationalities of governing, McCallum challenges our assumptions about how law and governance of children leads to their criminalization and incarceration.
Winner, 2020 ACJS Outstanding Book Award, given by the Academy of Criminal Justice Sciences A major statement on the juvenile justice system by one of America’s leading experts The juvenile court lies at the intersection of youth policy and crime policy. Its institutional practices reflect our changing ideas about children and crime control. The Evolution of the Juvenile Court provides a sweeping overview of the American juvenile justice system’s development and change over the past century. Noted law professor and criminologist Barry C. Feld places special emphasis on changes over the last 25 years—the ascendance of get tough crime policies and the more recent Supreme Court recognition that “children are different.” Feld’s comprehensive historical analyses trace juvenile courts’ evolution though four periods—the original Progressive Era, the Due Process Revolution in the 1960s, the Get Tough Era of the 1980s and 1990s, and today’s Kids Are Different era. In each period, changes in the economy, cities, families, race and ethnicity, and politics have shaped juvenile courts’ policies and practices. Changes in juvenile courts’ ends and means—substance and procedure—reflect shifting notions of children’s culpability and competence. The Evolution of the Juvenile Court examines how conservative politicians used coded racial appeals to advocate get tough policies that equated children with adults and more recent Supreme Court decisions that draw on developmental psychology and neuroscience research to bolster its conclusions about youths’ reduced criminal responsibility and diminished competence. Feld draws on lessons from the past to envision a new, developmentally appropriate justice system for children. Ultimately, providing justice for children requires structural changes to reduce social and economic inequality—concentrated poverty in segregated urban areas—that disproportionately expose children of color to juvenile courts’ punitive policies. Historical, prescriptive, and analytical, The Evolution of the Juvenile Court evaluates the author’s past recommendations to abolish juvenile courts in light of this new evidence, and concludes that separate, but reformed, juvenile courts are necessary to protect children who commit crimes and facilitate their successful transition to adulthood.
As the fastest growing prison population worldwide, more and more women are living in cages and most of them are mothers. This alarming trend has huge ramifications for women, children and communities across the globe. Empathy for mothers behind bars and concern for criminalized mothers in the community is in short supply. Mothers are criminalized for their vulnerabilities and for making unpopular but difficult choices under material and ideological conditions not of their own choosing. Criminalized Mothers, Criminalizing Mothering shines a spotlight on mothers who are, by law or social regulation, criminalized and examines their troubles and triumphs. This book offers a critical and compassionate lens on social (in)justice, mass incarceration, and collective miseries women experience (i.e., economic inequality, gendered violence, devalued care work, lone-parenting etc.). This book is also about mothers' encounters with systems of control, confinement, and criminalization, but also their experiences of care.
Despite inventing the juvenile court a little more than a century ago, the United States has become an international outlier in its juvenile sentencing practices. The War on Kids explains how that happened and how policymakers can correct the course of juvenile justice today.
This book addresses the criminalisation of sexually explicit material depicting or describing fictitious characters who appear to be children. It is the first book of its kind to specifically examine the expansion of the law to include fictional representations of children, focusing on the law in Australia, Canada, the United Kingdom, and the United States. The author explores the potential criminalisation of comics and subgenres of manga that frequently depict childlike characters in a sexual context. Of course, the need to protect children from harm outweighs freedom of expression and the right to privacy; however, this argument is complicated by the material being purely fictional. Does prohibiting the fictional representation of minors interfere with individual freedoms? Based on a detailed socio-legal study, this book extensively analyses literature and pertinent theories of criminalisation, such as the Harm Principle, Offense Principle, and Legal Moralism. The book will be an invaluable resource for academics and students in various disciplines, including law, criminology, sociology, and psychology. It will also be of interest to fans of fantasy fiction.
Fifteen-year-old Diamond stopped going to school the day she was expelled for lashing out at peers who constantly harassed and teased her for something everyone on the staff had missed: she was being trafficked for sex. After months on the run, she was arrested and sent to a detention center for violating a court order to attend school. Just 16 percent of female students, Black girls make up more than one-third of all girls with a school-related arrest. The first trade book to tell these untold stories, Pushout exposes a world of confined potential and supports the growing movement to address the policies, practices, and cultural illiteracy that push countless students out of school and into unhealthy, unstable, and often unsafe futures. For four years Monique W. Morris, author of Black Stats, chronicled the experiences of black girls across the country whose intricate lives are misunderstood, highly judged—by teachers, administrators, and the justice system—and degraded by the very institutions charged with helping them flourish. Morris shows how, despite obstacles, stigmas, stereotypes, and despair, black girls still find ways to breathe remarkable dignity into their lives in classrooms, juvenile facilities, and beyond.
"You have to take the children away."—Donald Trump Taking Children argues that for four hundred years the United States has taken children for political ends. Black children, Native children, Latinx children, and the children of the poor have all been seized from their kin and caregivers. As Laura Briggs’s sweeping narrative shows, the practice existed on the auction block, in the boarding schools designed to pacify the Native American population, in the foster care system used to put down the Black freedom movement, in the US’s anti-Communist coups in Central America, and in the moral panic about “crack babies.” In chilling detail we see how Central Americans were made into a population that could be stripped of their children and how every US administration beginning with Reagan has put children of immigrants and refugees in detention camps. Yet these tactics of terror have encountered opposition from every generation, and Briggs challenges us to stand and resist in this powerful corrective to American history.
Even though youth crime rates have fallen since the mid-1990s, public fear and political rhetoric over the issue have heightened. The Columbine shootings and other sensational incidents add to the furor. Often overlooked are the underlying problems of child poverty, social disadvantage, and the pitfalls inherent to adolescent decisionmaking that contribute to youth crime. From a policy standpoint, adolescent offenders are caught in the crossfire between nurturance of youth and punishment of criminals, between rehabilitation and "get tough" pronouncements. In the midst of this emotional debate, the National Research Council's Panel on Juvenile Crime steps forward with an authoritative review of the best available data and analysis. Juvenile Crime, Juvenile Justice presents recommendations for addressing the many aspects of America's youth crime problem. This timely release discusses patterns and trends in crimes by children and adolescentsâ€"trends revealed by arrest data, victim reports, and other sources; youth crime within general crime; and race and sex disparities. The book explores desistanceâ€"the probability that delinquency or criminal activities decrease with ageâ€"and evaluates different approaches to predicting future crime rates. Why do young people turn to delinquency? Juvenile Crime, Juvenile Justice presents what we know and what we urgently need to find out about contributing factors, ranging from prenatal care, differences in temperament, and family influences to the role of peer relationships, the impact of the school policies toward delinquency, and the broader influences of the neighborhood and community. Equally important, this book examines a range of solutions: Prevention and intervention efforts directed to individuals, peer groups, and families, as well as day care-, school- and community-based initiatives. Intervention within the juvenile justice system. Role of the police. Processing and detention of youth offenders. Transferring youths to the adult judicial system. Residential placement of juveniles. The book includes background on the American juvenile court system, useful comparisons with the juvenile justice systems of other nations, and other important information for assessing this problem.