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This casebook focuses on three themes: legal, administrative, and policy issues associated with regulating children rather than adults; procedural and substantive implications of a justice system that emphasizes treatment rather than punishment; and tensions between discretion and rules that occur when states treat children rather than punish adults. It incorporates empirical evaluations and developmental psychological research on adolescent competence and presents criminological studies of controversial issues such as gender and racial disparities in juvenile justice administration. It also examines pretrial detention and alternative sentencing options available to juvenile courts and discusses how and when states try youths in criminal court. New to this edition are the Supreme Court's most recent decisions on the jurisprudence of youth: Eighth Amendment decisions that recognized that children are different and limit judges' authority to impose life without parole; Fifth Amendment decisions that reappraise the impact of youthfulness during interrogation; and Fourth Amendment decisions that limit school officials authority to search.
Casebook focuses on three themes: legal and administrative consequences of regulating children rather than adults; procedural and substantive implications of a justice system that emphasizes treatment rather than punishment; and tensions between discretion and rules that occur in a system that treats children rather than punishes adults. Incorporates empirical evaluations and presents psychological research into controversial issues such as gender and racial disparities in juvenile justice administration. Examines the pretrial detention of juveniles and examines how and when states try youths in criminal court rather than in juvenile court. Also explores the alternative sentencing options available to juvenile courts.
The new 4th edition has been thoroughly updated with the latest and best cases and statutory references. It includes references to the most recent scholarly articles, books and other publications. It also includes coverage of some recent Supreme Court decisions such as:Morse v. Frederick (the BONG HITS 4 JESUS student free expression case)Roper v. Simmons (the juvenile death penalty case)Davis v. Washington and Hammon v. Indiana (clarifying the meaning of testimonial in the Court's earlier decision in Crawford v. Washington addressing Confrontation Clause issues with respect to statements made to police).This book is dinstiguished by its breadth of coverage and degree of flexibility in teaching. It deals with every aspect of how the law relates to minors, from free expression in school and other school-related issues to child custody, to private law (e.g., torts and contracts), to the juvenile justice system (i.e., delinquency and the operation of c
Now in its second edition, this casebook provides a unique teaching tool for examining the issues relating to children charged with crime in the juvenile courts. It is an innovative blend of the analytical, conceptual, practical and ethical considerations arising in that context. The authors have drawn on their many years of experience teaching juvenile justice courses and representing delinquents in the juvenile courts of New York, California, and Texas, as well as on innovative scholarship in this area of the law. In addition to examining the history of the juvenile court system in America, the Supreme Court jurisprudence, the various stages of delinquency proceedings, the ethical dilemmas of representing minors, the status offender jurisdiction, the right to treatment in juvenile correctional facilities, waivers, determinate sentencing, blended and extended jurisdiction, and international and comparative law the new edition includes competency issues in juvenile court. The materials include cases, including new United States Supreme Court and state cases, statutes, forms, ABA Standards, law review and related articles, new recommendations on the role of juvenile defense counsel, new social science research, and notes and questions.
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.
Designed as a supplemental text for juvenile delinquency and juvenile justice courses, this workbook fills a void in current textbooks. It provides a hands-on experience that helps students understand the kinds of court hearings that take place in juvenile and family courts. It presents information about actual cases and prompts students to make decisions and design court orders for typical juvenile court cases. It also provides a unique opportunity for students to experience what it is like to face decisions in the juvenile court system.