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Author: Thomas Grisso
Publisher: Springer Science & Business Media
ISBN: 1468438158
Category : Law
Languages : en
Pages : 236
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Book Description
The research studies reported in this book were completed between June, 1976 and November, 1979, with a USPHS research grant (MH- 27849) from the Center for Studies of Crime and Delinquency, National Institute of Mental Health. Every phase of the project was an exercise in combining the research methods of psychology with the concerns of law, legal systems, and legal process. Research psychologists will be especially interested in our efforts to apply psychological constructs and research methods to a difficult decision-making problem in law. This report describes in some detail the project's development of experimental measures of psychological condi tions related to legal standards and demonstrates the ways in which research design was influenced by concerns of law and the juvenile justice system. Lawyers, judges, and youth advocate groups have already ex pressed considerable interest in the implications of the project's results for the formation and modification of juvenile law and procedure. In each chapter, I have attempted to describe carefully the ways in which the empirical research results are applicable to these concerns, and I have tried to specify the limits which must be acknowledged in inter preting the results for application in the legal process.
Author: Thomas Grisso
Publisher: Springer Science & Business Media
ISBN: 1468438158
Category : Law
Languages : en
Pages : 236
Get Book Here
Book Description
The research studies reported in this book were completed between June, 1976 and November, 1979, with a USPHS research grant (MH- 27849) from the Center for Studies of Crime and Delinquency, National Institute of Mental Health. Every phase of the project was an exercise in combining the research methods of psychology with the concerns of law, legal systems, and legal process. Research psychologists will be especially interested in our efforts to apply psychological constructs and research methods to a difficult decision-making problem in law. This report describes in some detail the project's development of experimental measures of psychological condi tions related to legal standards and demonstrates the ways in which research design was influenced by concerns of law and the juvenile justice system. Lawyers, judges, and youth advocate groups have already ex pressed considerable interest in the implications of the project's results for the formation and modification of juvenile law and procedure. In each chapter, I have attempted to describe carefully the ways in which the empirical research results are applicable to these concerns, and I have tried to specify the limits which must be acknowledged in inter preting the results for application in the legal process.
Author: Thomas Grisso
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Thomas Grisso
Publisher: University of Chicago Press
ISBN: 9780226309132
Category : Law
Languages : en
Pages : 478
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Book Description
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.
Author: Naomi E. Sevin Goldstein
Publisher: Professional Resource Press
ISBN: 9781568872094
Category : Forensic psychology
Languages : en
Pages : 187
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Book Description
Author: Samuel M. Davis
Publisher:
ISBN:
Category : Children
Languages : en
Pages : 670
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Book Description
Author: Ken King
Publisher:
ISBN:
Category :
Languages : en
Pages : 47
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Book Description
This article explores how the states apply the totality of the circumstances test to evaluate whether a juvenile has knowingly, intelligently and voluntarily waived Miranda rights in light of recent advances in the scientific understanding of brain development and adolescent development more generally. The article notes that the Supreme Court's adoption of the totality test, which is a product of adult Miranda jurisprudence, as the measure of the legality of a juvenile's Miranda waiver, Fare v. Michael C., 412 U.S. 707 (1979), signaled a departure from due process concepts of fairness that animated Court's early decisions on a juvenile's rights in delinquency proceedings. The article reviews state law applying the totality test and argues that in light of the current understanding of adolescent reasoning capacity, the totality test does not protect juveniles from unknowing, unintelligent and involuntary waivers of Miranda rights. Accordingly, the article advocates for a rule requiring that all juveniles must consult with counsel prior to waiving Miranda rights and providing that an uncounseled waiver will be considered to be unknowing, unintelligent and involuntary.
Author: Cristen Nagle
Publisher: The Rosen Publishing Group, Inc
ISBN: 1477780165
Category : Juvenile Nonfiction
Languages : en
Pages : 66
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Book Description
Teens who find themselves in trouble with the law need to know how to deal with the justice system. The fact that a teen can be tried either as a juvenile, and proceed through the juvenile justice system, or as an adult, and proceed through the criminal justice system, complicates this. This user-friendly guidebook explains the differences between the two systems and the advantages and disadvantages of each. It emphasizes how teens can use their constitutional rights to defend themselves. Specific scenarios make abstract concepts easy to grasp. The author and the expert reader are both practicing lawyers.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309278937
Category : Law
Languages : en
Pages : 463
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Book Description
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.
Author: Jennifer L. Woolard
Publisher:
ISBN:
Category : Juvenile delinquents
Languages : en
Pages : 0
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Book Description
A waive of the 6th Amendment right to counsel, a foundational due process entitlement, must be knowing, intelligent, and voluntary. Yet, many youth waive the right to an attorney in delinquency proceedings. Moreover, at the adjudication stage of delinquency proceedings waiver of counsel is, almost without exception, connected to an "admission," or guilty plea. Research suggests that adolescents' immature psychological development may affect their decisional capacities regarding constitutional rights in ways that fully mature capacities would not. The goal of this study was to examine age-based differences in knowledge and beliefs regarding the role of counsel, presumptions about counsel, and maturity of judgment when making decisions about waiving the right to counsel or the right to trial in a plea context. One hundred twenty-five justice-experienced adolescents ages 11 to 18 and 96 parents completed semi-structured interviews assessing their understanding, beliefs, and decisions regarding the right to counsel and the right to a trial. Virtually all adolescents and adults believed having an attorney is better than waiving counsel. Adolescents differed significantly from parents in some aspects of understanding the role of lawyers as well as their assessment of risks and benefits of the right to counsel and taking a plea. However, a number of parents also held misconceptions about lawyers and pleas. Implications for changes in policy and practice are discussed
Author: Institute of Medicine
Publisher: National Academies Press
ISBN: 0309172357
Category : Law
Languages : en
Pages : 405
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Book Description
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.
