Merlo / Benekos Reaffirming Juvenile Justice

From Gault to Montgomery
Erscheinungsjahr 2017
ISBN: 978-1-351-61837-3
Verlag: Taylor & Francis
Format: EPUB
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 150 Seiten

This book will expand students’ knowledge and understanding of the evolution of juvenile justice in the last 50 years. Designed to coincide with the 50th anniversary of the landmark case, In re Gault, which the U.S. Supreme Court decided in 1967, the authors provide a brief history of juvenile justice, then frame the developments and transformations that have occurred in the intervening years. Topics covered include an overview of the dramatic changes to field following the spike in youth violence in the 1990s, the "superpredator" myth, zero-tolerance policies, and sanctions for juvenile offenders—particularly the 2005 abolition of the death penalty and subsequent decision on life without parole. The book also covers child and youth victimization and trauma, and recent prevention and treatment initiatives.

Designed for upper-level undergraduates, this text reflects on the evolving U.S. juvenile justice system while anticipating future challenges and trends. Reaffirming Juvenile Justice illustrates how ideology, media, and politics shape policy and how it can evolve

Autoren/Hrsg.

Merlo, Alida V.

Benekos, Peter J.

Fachgebiete

• Sozialwissenschaften Soziologie | Soziale Arbeit Spezielle Soziologie Kriminalsoziologie
• Rechtswissenschaften Strafrecht Kriminologie, Strafverfolgung

Inhaltsverzeichnis

Table of Contents

Preface

Acknowledgements

Chapter 1 Developing the Idea of a Juvenile Justice System

Gault and Juvenile Justice

The Adultification of Juvenile Justice

The Twenty-First Century and Juvenile Justice

Historical Context and Trends: Early Attempts to Address Youthful Offending

Special Institutions and Proceedings

The Emerging Juvenile Court

Development and History of the Juvenile Court

Variation in Juvenile Courts and Questions about Their Intentions

Evaluating the Court’s Performance

The Supreme Court and Youth: The 1960s and 1970s

Kent v. United States (1966)

The Prelude to the Gault Case

In re Gault (1967)

In re Winship (1970)

The Aftermath of Gault: Transformation of the Court

Congress and Juvenile Justice Policy

Juvenile Justice and Delinquency Prevention Act (JJDPA) of 1974

Arrest and Formal Processing of Youth

Juvenile Arrests and Juvenile Court Case Data

Minorities in the Juvenile Justice System

Conclusion

Chapter 2 Demonization of Youth and Politicization of Juvenile Justice

Youth Crime and Moral Panic

Crime and Race

Politicization: Consequences of Moral Panic

Jurisdictional Transfer and Adultification

School Violence and Zero Tolerance: School to Prison Pipeline

Emergent Policies: Lessons from a Punitive Era

Conclusion

Chapter 3 Court Decisions: From In re Gault to Montgomery v. Louisiana

The Supreme Court and Juvenile Court

Waiver Proceedings

Kent v. U.S. (1966)

Waiver Revisited: Breed v. Jones (1975)

Adjudication Hearings

In re Gault (1967)

Evidentiary Standards in Juvenile Court

In re Winship (1970)

Ivan v. City of New York (1972)

Juveniles and the Right to a Jury in Delinquency Proceedings

McKeiver v. Pennsylvania (1971)

Juvenile Cases Addressing Interrogation, Preventive Detention, and School Searches

Police Interrogation of Juveniles

Fare v. Michael C. (1979)

Yarborough v. Alvarado (2004)

J.D.B. v. North Carolina (2011)

Juveniles Waiving Their Rights

Kids for Cash

Preventive Detention for Juveniles

Schall v. Martin (1984)

Search and Seizure Protections for Juveniles

School Searches

New Jersey v. T.L.O. (1985)

Safford Unified School District #1 v. Redding (2009)

Dispositions for Juveniles: Death Penalty Cases

Eddings v. Oklahoma (1982)

Thompson v. Oklahoma (1988)

Stanford v. Kentucky (1989) and Wilkins v. Missouri (1989)

Roper v. Simmons (2005)

Life without Parole Sentences (LWOP) for Juveniles

Graham v. Florida (2010)

Miller v. Alabama (2012)

Montgomery v. Louisiana (2016)

Juvenile Sentencing Eighth Amendment Cases

The Persistence of Life Sentences and the Challenges of Reform

Conclusion

Chapter 4 From Superpredator to Traumatized Youth

Neuroscience and Adolescent Brain Development

Victimization and Exposure to Violence

Cycle of Violence

Defending Childhood

Trauma

Systemic Trauma

Crossover Youth

Developing a Trauma-Informed Juvenile Justice System

Conclusion

Chapter 5 Creating Sanctuary and Treating Trauma

Creating Sanctuary

Sanctuary Model® in Residential Treatment

Harborcreek Youth Services: A Sanctuary Environment**

Changing the Culture

Staff Response to Sanctuary

Client Response to Sanctuary

Expressive Therapies

Conclusion

Chapter 6 Challenges in Reaffirming Juvenile Justice

Age as Proxy: When Are Juveniles Adults and Who Decides?

Prosecutorial Discretion or Direct File

Raise the Age Initiatives

Race and Disproportionate Minority Contact

Legal Defense for Juveniles

Right to Appeal

Conditions of Confinement

Juvenile Incarceration and Long Prison Sentences

Conclusion

Index

Über Autor(innen)

Alida V. Merlo is a Professor of Criminology and Criminal Justice at Indiana University of Pennsylvania, where she joined the faculty in 1995. Previously, she taught for 20 years at Westfield State University in Massachusetts. Dr. Merlo received her Ph.D. from Fordham University, M.S. from Northeastern University, and B.A. from Youngstown State University. She conducts research and publishes in the areas of juvenile justice, women and the law, and criminal justice policy.

Peter J. Benekos is Professor Emeritus of Criminology and Criminal Justice at Mercyhurst University in Erie, Pennsylvania. He was a Visiting Professor at Roger Williams University School of Justice Studies. Dr. Benekos earned his Ph.D. from the University of Akron, M.A. from University of Cincinnati, and B.S. from Clarion University. His research has largely focused on the areas of juvenile justice, corrections, and public policy.