The Constitutional Rights of Children

The Constitutional Rights of Children PDF Author: David S. Tanenhaus
Publisher: University Press of Kansas
ISBN: 0700625046
Category : Law
Languages : en
Pages : 192

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Book Description
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.

The Constitutional Rights of Children

The Constitutional Rights of Children PDF Author: David S. Tanenhaus
Publisher: University Press of Kansas
ISBN: 0700625046
Category : Law
Languages : en
Pages : 192

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Book Description
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 Crime, Juvenile Justice

Juvenile Crime, Juvenile Justice PDF 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.

Reforming Juvenile Justice

Reforming Juvenile Justice PDF 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.

Rights of Juveniles

Rights of Juveniles PDF Author: Samuel M. Davis
Publisher:
ISBN:
Category : Children
Languages : en
Pages : 670

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Book Description


Juveniles’ Waiver of Rights

Juveniles’ Waiver of Rights PDF 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.

The Juvenile Court System

The Juvenile Court System PDF Author: Richard Barrington
Publisher: The Rosen Publishing Group, Inc
ISBN: 1477780408
Category : Juvenile Nonfiction
Languages : en
Pages : 66

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Book Description
Most youthful indiscretions remain unpunished and are forgotten over time. But many of the more than thirty million youth who pass through the U.S. juvenile justice system each year have no knowledge of the system. This book serves as a helpful guide for those who find themselves in the juvenile justice system. Students will learn about the system, the difference between having fun and getting into serious trouble, what they should do if they do get arrested, and how to confront the consequences of their actions.

Your Legal Rights as a Juvenile Tried as an Adult

Your Legal Rights as a Juvenile Tried as an Adult PDF 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.

Understanding Juvenile Law

Understanding Juvenile Law PDF Author: Martin R. Gardner
Publisher: LexisNexis/Matthew Bender
ISBN:
Category : Law
Languages : en
Pages : 406

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Book Description
After introductory chapters on the legal status of minorities & the rights of juveniles, this book examines issues occurring outside the juvenile justice system including: family law issues, private law issues, & the constitutional rights of children. The remainder of this book deals with delinquency & status offense matters in the juvenile justice system.

SOU-CCJ230 Introduction to the American Criminal Justice System

SOU-CCJ230 Introduction to the American Criminal Justice System PDF Author: Alison Burke
Publisher:
ISBN: 9781636350684
Category :
Languages : en
Pages :

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Book Description


Rights, Race, and Reform

Rights, Race, and Reform PDF Author: Kristin Henning
Publisher: Routledge
ISBN: 1351602543
Category : Law
Languages : en
Pages : 319

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Book Description
In 1962, a 15-year-old Arizona boy named Gerald Gault may or may not have made a lewd phone call to a neighbor. Gerald was arrested, prosecuted, removed from his parents’ custody, and sent to a juvenile prison, all without legal representation. Gerald’s mother’s outrage at the treatment of her son eventually propelled the case to the United States Supreme Court. With its sweeping 1967 decision in In re Gault, the Court revolutionized the American juvenile court system by finding that children charged with delinquency have a constitutional right to counsel. This anthology, which commemorates the fiftieth anniversary of the Gault decision, blends, across its three parts, legal and historical analyses, oral history, and personal narrative to provide an overview of modern Supreme Court juvenile justice jurisprudence, the advocates and organizations that defend children in juvenile court, the role these lawyers have played in the fight for justice for accused children, and the contemporary challenges facing juvenile defenders and their clients. The authors are leading juvenile justice reformers, advocates, and scholars, all of whom have been deeply involved in shaping modern juvenile justice policy and practice and most of whom have represented children in juvenile court. This book is for everyone concerned about justice in America. The personal narratives about children in the system will intrigue students and academics, engage lay individuals who are interested in children’s rights, and guide professionals, legislators, and other policymakers involved in juvenile justice reform and criminology.