The Changing Borders of Juvenile Justice
The Changing Borders of Juvenile Justice

Author: Jeffrey Fagan

Publisher: University of Chicago Press

Published: 2000-09

Total Pages: 472

ISBN-13: 9780226233802

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Since the 1960s, recurring cycles of political activism over youth crime have motivated efforts to remove adolescents from the juvenile court. Periodic surges of crime—youth violence in the 1970s, the spread of gangs in the 1980s, and more recently, epidemic gun violence and drug-related crime—have spurred laws and policies aimed at narrowing the reach of the juvenile court. Despite declining juvenile crime rates, every state in the country has increased the number of youths tried and punished as adults. Research in this area has not kept pace with these legislative developments. There has never been a detailed, sociolegal analytic book devoted to this topic. In this important collection, researchers discuss policy, substantive procedural and empirical dimensions of waivers, and where the boundaries of the courts lie. Part 1 provides an overview of the origins and development of law and contemporary policy on the jurisdiction of adolescents. Part 2 examines the effects of jurisdictional shifts. Part 3 offers valuable insight into the developmental and psychological aspects of current and future reforms. Contributors: Donna Bishop, Richard Bonnie, M. A. Bortner, Elizabeth Cauffman, Linda Frost Clausel, Robert O. Dawson, Jeffrey Fagan, Barry Feld, Charles Frazier, Thomas Grisso, Darnell Hawkins, James C. Howell, Akiva Liberman, Richard Redding, Simon Singer, Laurence Steinberg, David Tanenhaus, Marjorie Zatz, and Franklin E. Zimring

The Evolution of the Juvenile Court
The Evolution of the Juvenile Court

Author: Barry C. Feld

Publisher: NYU Press

Published: 2019-06-01

Total Pages: 408

ISBN-13: 147987129X

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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.

Juvenile Crime, Juvenile Justice
Juvenile Crime, Juvenile Justice

Author: Institute of Medicine

Publisher: National Academies Press

Published: 2001-06-05

Total Pages: 405

ISBN-13: 0309172357

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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.

Burning Down the House
Burning Down the House

Author: Nell Bernstein

Publisher: New Press, The

Published: 2014-06-03

Total Pages: 386

ISBN-13: 1595589562

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When teenagers scuffle during a basketball game, they are typically benched. But when Will got into it on the court, he and his rival were sprayed in the face at close range by a chemical similar to Mace, denied a shower for twenty-four hours, and then locked in solitary confinement for a month. One in three American children will be arrested by the time they are twenty-three, and many will spend time locked inside horrific detention centers that defy everything we know about how to rehabilitate young offenders. In a clear-eyed indictment of the juvenile justice system run amok, award-winning journalist Nell Bernstein shows that there is no right way to lock up a child. The very act of isolation denies delinquent children the thing that is most essential to their growth and rehabilitation: positive relationships with caring adults. Bernstein introduces us to youth across the nation who have suffered violence and psychological torture at the hands of the state. She presents these youths all as fully realized people, not victims. As they describe in their own voices their fight to maintain their humanity and protect their individuality in environments that would deny both, these young people offer a hopeful alternative to the doomed effort to reform a system that should only be dismantled. Burning Down the House is a clarion call to shut down our nation’s brutal and counterproductive juvenile prisons and bring our children home.

The Juvenile Court and the Progressives
The Juvenile Court and the Progressives

Author: Victoria Getis

Publisher: University of Illinois Press

Published: 2000

Total Pages: 338

ISBN-13: 9780252025723

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Today's troubled juvenile court system has its roots in Progressive-era Chicago, a city one observer described as "first in violence" and "deepest in dirt." Examining the vision and methods of the original proponents of the Cook County Juvenile Court, Victoria Getis uncovers the court's intrinsic flaws as well as the sources of its debilitation in our own time. Spearheaded by a group of Chicago women, including Jane Addams, Lucy Flower, and Julia Lathrop, the juvenile court bill was pushed through the legislature by an eclectic coalition of progressive reformers, both women and men. Like many progressive institutions, the court reflected an unswerving faith in the wisdom of the state and in the ability of science to resolve the problems brought on by industrial capitalism. A hybrid institution combining legal and social welfare functions, the court was not intended to punish youthful lawbreakers but rather to provide guardianship for the vulnerable. In this role, the state was permitted great latitude to intervene in families where it detected a lack of adequate care for children. The court also became a living laboratory, as children in the court became the subjects of research by criminologists, statisticians, educators, state officials, economists, and, above all, practitioners of the new disciplines of sociology and psychology. The Chicago reformers had worked for large-scale social change, but the means they adopted eventually gave rise to the social sciences, where objectivity was prized above concrete solutions to social problems, and to professional groups that abandoned goals of structural reform. The Juvenile Court and the Progressives argues persuasively that the current impotence of the juvenile court system stems from contradictions that lie at the very heart of progressivism.

Reforming Juvenile Justice
Reforming Juvenile Justice

Author: National Research Council

Publisher: National Academies Press

Published: 2013-05-22

Total Pages: 463

ISBN-13: 0309278937

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Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.

The Constitutional Rights of Children
The Constitutional Rights of Children

Author: David S. Tanenhaus

Publisher: University Press of Kansas

Published: 2017-11-04

Total Pages: 192

ISBN-13: 0700625046

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This new edition upon the 50th anniversary of In re Gault includes expanded coverage of the Roberts Court’s juvenile justice decisions including Miller v. Alabama; explains how disregard for children’s constitutional rights led to the “Kids for Cash” scandal in Pennsylvania; new legal developments in the Gault case; and, updates the bibliography and chronology. When fifteen-year-old Gerald Gault of Globe, Arizona, allegedly made an obscene phone call to a neighbor, he was arrested by the local police, tried in a proceeding that did not require his accuser’s testimony, and sentenced to six years in a juvenile “boot camp”—for an offense that would have cost an adult only two months. Even in a nation fed up with juvenile delinquency, that sentence seemed excessive and inspired a spirited defense on Gault’s behalf. Led by Norman Dorsen, the ACLU ultimately took Gault’s case to the Supreme Court and in 1967 won a landmark decision authored by Justice Abe Fortas. Widely celebrated as the most important children’s rights case of the twentieth century, In re Gault affirmed that children have some of the same rights as adults and formally incorporated the Fourteenth Amendment’s due process protections into the administration of the nation’s juvenile courts.

Juvenile Justice
Juvenile Justice

Author: John T. Whitehead

Publisher: Routledge

Published: 2015-02-20

Total Pages: 515

ISBN-13: 1317534581

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Juvenile Justice: An Introduction, 8th edition, presents a comprehensive picture of juvenile offending, delinquency theories, and how juvenile justice actors and agencies react to delinquency. It covers the history and development of the juvenile justice system and the unique issues related to juveniles, offering evidence-based suggestions for successful interventions and treatment and examining the new balance model of juvenile court. This new edition not only includes the latest available statistics on juvenile crime and victimization, drug use, court processing, and corrections, but provides insightful analysis of recent developments, such as those related to the use of probation supervision fees; responses to gangs and cyber bullying; implementing the deterrence model (Project Hope); the possible impact of drug legalization; the school-to-prison pipeline; the extent of victimization and mental illness in institutions; and implications of major court decisions regarding juveniles, such as Life Without Parole (LWOP) for juveniles. Each chapter enhances student understanding with Key Terms, a "What You Need to Know" section highlighting important points, and Discussion Questions. Links at key points in the text show students where they can go to get the latest information, and a comprehensive glossary aids comprehension.

Juveniles at Risk
Juveniles at Risk

Author: Christopher Slobogin

Publisher: Oxford University Press

Published: 2011-08-01

Total Pages: 210

ISBN-13: 019977840X

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In this book, Slobogin and Fondacaro present their vision for a new juvenile justice system, founded on the evidence at hand and promoting the principles of rehabilitation and reintegration into society. The authors develop their juvenile justice policy proposals effectively by carefully addressing the problems with past policy approches and recent theoretical contributions.