Youths are on trial today in two ways. In the first sense, whereas youths once faced delinquency hearings in juvenile courts, now with increasing frequency they stand trial in criminal courts. In the second sense, recent reforms in juvenile justice have placed the notion of youth itself on trial. Society's trend toward responding to adolescent offenders as adults asks that we set aside traditional presumptions about adolescence as a condition of immaturity that warrants mitigation. The ensuing debate highlights the need for evidence to address whether youths' capacities are sufficiently different from adults to warrant different legal responses to their transgressions.
The Youth Court Guide is the definitive legal handbook for practitioners involved in the youth court. It provides an in-depth knowledge of the youth court system, as well as the fundamental principles and day-to-day practice that pertain to it, with direction on every stage of youth justice. This new edition brings the work fully up to date ensuring it remains a first port of call text providing guidance on practice and procedure with ease and clarity. It takes account of developments that have impacted on practice and procedure since the fifth edition and revisions include updates to sections covering: Cautions, restorative justice; Separation from adult courts; Youth gang injunctions; Youth behaviour order changes; DVPOs (domestic violence protection notices); Criminal procedure rule changes and development of case management practice - new form, disclosure review, special measures, ground rules; Remands; Sentencing council allocation guidelines where youth charged with adult; Breach of YROs (youth rehabilitation orders); Fines, victim surcharge criminal courts charge; Committal for sentence; Referral orders; More in depth guidance on sex notification requirements (sex assault on other youth); Re organisation of youth offending services also mental health services; Case update including sentencing cases. Chapters follow the sequence of criminal proceedings from the use of diversions, cautions and arrests through to trial, sentences and appeals. Personal insight is provided through explanations from the 'hands on' experience of both authors. The work contains central sections on venue, remand and sentencing for daily reference and focuses on practical solutions rather than academic debate. It also includes a separate chapter looking at difficult areas and legal issues and contains simple flow diagrams to help understand and follow remand powers and venue provisions. A quick guide to sentencing orders is also included.
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.
Juvenile justice policies have historically been built on a foundation of myths and misconceptions. Fear of young, drug-addled superpredators, concerns about immigrants and gangs, claims of gender biases, and race hostilities have influenced the public′s views and, consequently, the evolution of juvenile justice. These myths have repeatedly confused the process of rational policy development for the juvenile justice system. Juvenile Justice: Redeeming Our Children debunks myths about juvenile justice in order to achieve an ideal system that would protect vulnerable children and help build safer communities. Author Barry Krisberg assembles broad and up-to-date research, statistical data, and theories on the U.S. juvenile justice system to encourage effective responses to youth crime. This text gives a historical context to the ongoing quest for the juvenile justice ideal and examines how the current system of laws, policies, and practices came into place.Juvenile Justice reviews the best research-based knowledge on what works and what does not work in the current system. The book also examines failed juvenile justice policies and applies high standards of scientific evidence to seek new resolutions. This text helps students embrace the value of redemptive justice and serves as a springboard for the current generation to implement sounder social policies. Juvenile Justice is an ideal textbook for undergraduate and graduate students studying juvenile justice in Criminology, Criminal Justice, and Sociology. The book is also an excellent supplemental text for juvenile delinquency courses. About the AuthorBarry Krisberg, PhD has been President of the National Council on Crime and Delinquency (NCCD) since 1983. Dr. Krisberg received both his master′s degree in Criminology and his doctorate in Sociology from the University of Pennsylvania. He is currently Clinical Professor of Psychiatry at the University of Hawaii and has held previous faculty positions at the University of California at Berkeley and the University of Minnesota. Dr. Krisberg was appointed by the legislature to serve on the California Blue Ribbon Commission on Inmate Population Management. He has several books and articles to his credit, is known nationally for his research and expertise on juvenile justice issues, and is called upon as a resource for professionals and the media.
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.
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.
This book informs readers about the latest research and the most promising and effective programmes for understanding, preventing and controlling juvenile delinquency.
A groundbreaking exposé about the alarming use of rap lyrics as criminal evidence to convict and incarcerate young men of color Should Johnny Cash have been charged with murder after he sang, "I shot a man in Reno just to watch him die"? Few would seriously subscribe to this notion of justice. Yet in 2001, a rapper named Mac whose music had gained national recognition was convicted of manslaughter after the prosecutor quoted liberally from his album Shell Shocked. Mac was sentenced to thirty years in prison, where he remains. And his case is just one of many nationwide. Over the last three decades, as rap became increasingly popular, prosecutors saw an opportunity: they could present the sometimes violent, crime-laden lyrics of amateur rappers as confessions to crimes, threats of violence, evidence of gang affiliation, or revelations of criminal motive—and judges and juries would go along with it. Detectives have reopened cold cases on account of rap lyrics and videos alone, and prosecutors have secured convictions by presenting such lyrics and videos of rappers as autobiography. Now, an alarming number of aspiring rappers are imprisoned. No other form of creative expression is treated this way in the courts. Rap on Trial places this disturbing practice in the context of hip hop history and exposes what's at stake. It's a gripping, timely exploration at the crossroads of contemporary hip hop and mass incarceration.
