The Evolution of the Juvenile Court

Race, Politics, and the Criminalizing of Juvenile Justice
Author: Barry C. Feld
Publisher: NYU Press
ISBN: 1479895695
Category: Law
Page: 392
View: 9761
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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.

The Evolution of the Juvenile Court

Race, Politics, and the Criminalizing of Juvenile Justice
Author: Barry C. Feld
Publisher: NYU Press
ISBN: 1479802778
Category: Social Science
Page: 392
View: 2093
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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.

Youth and Justice in Western States, 1815-1950

From Punishment to Welfare
Author: Jean Trépanier,Xavier Rousseaux
Publisher: Springer
ISBN: 3319662457
Category: History
Page: 433
View: 9676
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This book explores the treatment of junevile offenders in modern Western history. The last few decades have witnessed major debates over youth justice policies. Juvenile and youth justice legislation has been reviewed in a number of countries. Despite the fact that new perspectives, such as restorative justice, have emerged, the debates have largely focused on issues that bring us back to the inception of juvenile justice: namely whether youth justice ought to be more akin to punitive adult criminal justice, or more sensitive to the welfare of youths. This issue has been at the core of policy choices that have given juvenile justice its orientations since the beginning of the twentieth century. It also gave shape to the evolution that paved the way for the creation of juvenile courts in the nineteenth century. Understanding those early debates is essential if we are to understand current debates, and place them into perspective. Based on primary archival research, this comprehensive study begins by presenting the roots, birth and evolution of juvenile justice, from the nineteenth century up to the beginning of the twenty-first. The second part deals with nineteenth century responses to juvenile delinquency in England and Canada, while the third focuses on the welfare orientation that characterized juvenile courts in the first half of the twentieth century in Switzerland, the Netherlands, Germany and Belgium. Finally, the fourth part focuses on the perspective of the youths and their families in Belgium, France and Canada.

Bad Kids

Race and the Transformation of the Juvenile Court
Author: Barry C. Feld,Centennial Professor of Law Barry C Feld
Publisher: Oxford University Press, USA
ISBN: 0195097874
Category: Law
Page: 374
View: 9699
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Traces the evolution of the juvenile court from its inception in the early 1900s, with an emphasis on the past three decades.

A Century of Juvenile Justice


Author: Margaret K. Rosenheim
Publisher: University of Chicago Press
ISBN: 9780226727837
Category: Law
Page: 554
View: 2718
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Systems for Youth in Trouble

The Criminalization of Black Children

Race, Gender, and Delinquency in Chicago’s Juvenile Justice System, 1899–1945
Author: Tera Eva Agyepong
Publisher: UNC Press Books
ISBN: 1469638665
Category: Social Science
Page: 196
View: 2112
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In the late nineteenth century, progressive reformers recoiled at the prospect of the justice system punishing children as adults. Advocating that children's inherent innocence warranted fundamentally different treatment, reformers founded the nation's first juvenile court in Chicago in 1899. Yet amid an influx of new African American arrivals to the city during the Great Migration, notions of inherent childhood innocence and juvenile justice were circumscribed by race. In documenting how blackness became a marker of criminality that overrode the potential protections the status of "child" could have bestowed, Tera Eva Agyepong shows the entanglements between race and the state's transition to a more punitive form of juvenile justice. In this important study, Agyepong expands the narrative of racialized criminalization in America, revealing that these patterns became embedded in a justice system originally intended to protect children. In doing so, she also complicates our understanding of the nature of migration and what it meant to be black and living in Chicago in the early twentieth century.

Boys Among Men

Trying and Sentencing Juveniles as Adults
Author: David L. Myers
Publisher: Greenwood Publishing Group
ISBN: 9780275982546
Category: Law
Page: 193
View: 7052
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Sheds new light on the popular but controversial move to charge, try, and sentence juvenile offenders as adults.

The War on Kids

How American Juvenile Justice Lost Its Way
Author: Cara H. Drinan
Publisher: Oxford University Press
ISBN: 0190605553
Category: Law
Page: 232
View: 7740
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In 2003, when Terrence Graham was sixteen, he and three other teens attempted to rob a barbeque restaurant in Jacksonville, Florida. Though they left with no money, and no one was seriously injured, Terrence was sentenced to die in prison for his involvement in that crime. As shocking as Terrence's sentence sounds, it is merely a symptom of contemporary American juvenile justice practices. In the United States, adolescents are routinely transferred out of juvenile court and into adult criminal court without any judicial oversight. Once in adult court, children can be sentenced without regard for their youth. Juveniles are housed in adult correctional facilities, they may be held in solitary confinement, and they experience the highest rates of sexual and physical assault among inmates. Until 2005, children convicted in America's courts were subject to the death penalty; today, they still may be sentenced to die in prison-no matter what efforts they make to rehabilitate themselves. America has waged a war on kids. In The War on Kids, Cara Drinan reveals how the United States went from being a pioneer to an international pariah in its juvenile sentencing practices. Academics and journalists have long recognized the failings of juvenile justice practices in this country and have called for change. Despite the uncertain political climate, there is hope that recent Supreme Court decisions may finally make those calls a reality. The War on Kids seizes upon this moment of judicial and political recognition that children are different in the eyes of the law. Drinan chronicles the shortcomings of juvenile justice by drawing upon social science, legal decisions, and first-hand correspondence with Terrence and others like him-individuals whose adolescent errors have cost them their lives. At the same time, The War on Kids maps out concrete steps that states can take to correct the course of American juvenile justice.

Burning Down the House

The End of Juvenile Prison
Author: Nell Bernstein
Publisher: New Press, The
ISBN: 1595589562
Category: Law
Page: 384
View: 3492
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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.

Kids, Cops, and Confessions

Inside the Interrogation Room
Author: Barry C. Feld
Publisher: NYU Press
ISBN: 1479816388
Category: Law
Page: 351
View: 8601
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Juveniles possess less maturity, intelligence, and competence than adults, heightening their vulnerability in the justice system. For this reason, states try juveniles in separate courts and use different sentencing standards than for adults. Yet, when police bring kids in for questioning, they use the same interrogation tactics they use for adults, including trickery, deception, and lying to elicit confessions or to produce incriminating evidence against the defendants. In Kids, Cops, and Confessions, Barry Feld offers the first report of what actually happens when police question juveniles. Drawing on remarkable data, Feld analyzes interrogation tapes and transcripts, police reports, juvenile court filings and sentences, and probation and sentencing reports, describing in rich detail what actually happens in the interrogation room. Contrasting routine interrogation and false confessions enables police, lawyers, and judges to identify interrogations that require enhanced scrutiny, to adopt policies to protect citizens, and to assure reliability and integrity of the justice system. Feld has produced an invaluable look at how the justice system really works.

Transforming Juvenile Justice

Reform Ideals and Institutional Realities, 1825-1920
Author: Steven L. Schlossman
Publisher: N.A
ISBN: 9780875806037
Category: Social Science
Page: 315
View: 996
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As juvenile justice dominates the headlines, the time has come to reexamine the history of this controversial institution. In Transforming Juvenile Justice, Steven L. Schlossman traces the evolution of the idea that young lawbreakers, or potential lawbreakers, merit special treatment. He closely examines the Milwaukee Juvenile Court and the Wisconsin State Reform School to reveal how Progressive theory--the belief that rehabilitation and careful oversight should replace punishment of delinquent youth--played out in practice. Since its original publication in 1977, Schlossman's history of the juvenile justice system contributed to the debate on the delinquency problem and remains a landmark study today. In an engaging new introduction for this fresh edition of his classic, Schlossman reveals his sources of inspiration and relates his discovery of the rare records that offered an exclusive glimpse into the Milwaukee court's day-to-day operations. His account of the changing definitions of delinquency and reformers' attempts to remedy it offers insights on dilemmas that continue to plague American society.

The Oxford Handbook of Juvenile Crime and Juvenile Justice


Author: Barry C. Feld,Donna M. Bishop
Publisher: OUP USA
ISBN: 0195385101
Category: Law
Page: 934
View: 732
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State-of-the-art critical reviews of recent scholarship on the causes of juvenile delinquency, juvenile justice system responses, and public policies to prevent and reduce youth crime are brought together in a single volume authored by leading scholars and researchers in neuropsychology, developmental and social psychology, sociology, history, criminology/criminal justice, and law.

A History of the Supreme Court


Author: Bernard Schwartz
Publisher: Oxford University Press
ISBN: 9780195093872
Category: History
Page: 465
View: 2877
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A comprehensive history of the United States Supreme Court from its ill-esteemed beginning in 1790 to one of the most important and controversial branches of the Federal government.

The Changing Borders of Juvenile Justice

Transfer of Adolescents to the Criminal Court
Author: Jeffrey Fagan
Publisher: University of Chicago Press
ISBN: 9780226233802
Category: Family & Relationships
Page: 440
View: 2168
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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 Black Child-Savers

Racial Democracy and Juvenile Justice
Author: Geoff K. Ward
Publisher: University of Chicago Press
ISBN: 0226873161
Category: History
Page: 336
View: 9510
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During the Progressive Era, a rehabilitative agenda took hold of American juvenile justice, materializing as a citizen-and-state-building project and mirroring the unequal racial politics of American democracy itself. Alongside this liberal "manufactory of citizens,” a parallel structure was enacted: a Jim Crow juvenile justice system that endured across the nation for most of the twentieth century. In The Black Child Savers, the first study of the rise and fall of Jim Crow juvenile justice, Geoff Ward examines the origins and organization of this separate and unequal juvenile justice system. Ward explores how generations of “black child-savers” mobilized to challenge the threat to black youth and community interests and how this struggle grew aligned with a wider civil rights movement, eventually forcing the formal integration of American juvenile justice. Ward’s book reveals nearly a century of struggle to build a more democratic model of juvenile justice—an effort that succeeded in part, but ultimately failed to deliver black youth and community to liberal rehabilitative ideals. At once an inspiring story about the shifting boundaries of race, citizenship, and democracy in America and a crucial look at the nature of racial inequality, The Black Child Savers is a stirring account of the stakes and meaning of social justice.

Double Jeopardy

Adolescent Offenders with Mental Disorders
Author: Thomas Grisso
Publisher: University of Chicago Press
ISBN: 0226309142
Category: Law
Page: 251
View: 7036
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In the twenty-first-century world of juvenile justice policy and practice, nearly everyone agrees that one of the most pressing issues facing the nation's juvenile courts is their proper response to delinquent youths with mental disorders. Recent research indicates that about two-thirds of adolescent offenders in juvenile justice facilities meet the criteria for one or more mental disorders. What are the obligations of our juvenile justice system, then, as the caretaker for delinquent youth with such disabilities? How do issues of adolescent development create special challenges in determining the court's proper response to delinquents with special mental health needs? Thomas Grisso considers these questions while offering new information to assist the juvenile justice system in its responses to the needs of our children. Double Jeopardy considers the newest data on the nature of youths' mental disorders—their relationships to delinquency, the values and limits of methods to treat them, and the common patterns of adolescent offending. That information is used to chart a rational course for fulfilling the juvenile justice system's duty—as a custodian of children in need of health care, as a legal system promoting fairness in youth adjudication, and as a protector of public safety—to respond to delinquent youths' mental disorders. Moreover, Double Jeopardy provides a scientific yet practical foundation for lawmakers, judges, attorneys, and mental health care professionals, as well as researchers who must fill the knowledge gaps that limit the juvenile justice system's abilities to meet youths' mental health needs.

Reforming Juvenile Justice

A Developmental Approach
Author: National Research Council,Division of Behavioral and Social Sciences and Education,Committee on Law and Justice,Committee on Assessing Juvenile Justice Reform
Publisher: National Academies Press
ISBN: 0309278937
Category: Law
Page: 462
View: 3068
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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.

Juvenile Justice

Redeeming Our Children
Author: Barry Krisberg
Publisher: SAGE
ISBN: 0761925015
Category: Social Science
Page: 236
View: 8552
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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.

After the Doors Were Locked

A History of Youth Corrections in California and the Origins of Twenty-First Century Reform
Author: Daniel E. Macallair
Publisher: Rowman & Littlefield
ISBN: 1442246723
Category: Law
Page: 350
View: 664
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The California youth corrections system is undergoing the most sweeping transformation in its 154-year history. The extraordinary nature of this change is revealed by the striking decline in the state’s youth incarceration rate. In 1996, with 10,000 youth confined in 11 state-run correctional facilities, California boasted the nation’s third highest youth incarceration rate. Now, with only 800 youth remaining in a system comprised of just three institutions, California has one of the nation’s lowest youth incarceration rate. How did such unprecedented changes occur and what were the crucial conditions that produced them? Daniel E. Macallair answers these questions through an examination of the California youth corrections system’s origins and evolution, and the patterns and practices that ultimately led to its demise. Beginning in the 19th century, California followed national juvenile justice trends by consigning abused, neglected, and delinquent youth to congregate care institutions known as reform schools. These institutions were characterized by their emphasis on regimentation, rigid structure, and harsh discipline. Behind the walls of these institutions, children and youth, who ranged in age from eight to 21, were subjected to unspeakable cruelties. Despite frequent public outcry, life in California reform schools changed little from the opening of the San Francisco Industrial School in 1859 to the dissolution of the California Youth Authority (CYA) in 2005. By embracing popular national trends at various times, California encapsulates much of the history of youth corrections in the United States. The California story is exceptional since the state often assumed a leadership role in adopting innovative policies intended to improve institutional treatment. The California juvenile justice system stands at the threshold of a new era as it transitions from a 19th century state-centered institutional model to a decentralized structure built around localized services delivered at the county level. After the Doors Were Locked is the first to chronicle the unique history of youth corrections and institutional care in California and analyze the origins of today’s reform efforts. This book offers valuable information and guidance to current and future generations of policy makers, administrators, judges, advocates, students and scholars.

The Evolution of Natural Resources Law and Policy


Author: Lawrence J. MacDonnell,Sarah F. Bates
Publisher: American Bar Association
ISBN: 9781604424300
Category: Law
Page: 417
View: 4324
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Natural resources law is a dynamic field of practice, with a rich history that reaches back several centuries. The authors look at current challenges and offer ideas about the future while demonstrating that the federal government's role continues to be a complex one as markets and private actors become more visible participants in the current policy arena. Part I provides foundational analyses of the law, while the second part reviews thematic issues in the area.