Children and Juvenile Justice

by Marrus, Ellen; Rosenberg, Irene Merker

• ISBN13: 9781594600623
• ISBN10: 1594600627
• Format: Hardcover
• Copyright: 2007-08-07
• Publisher: Carolina Academic Pr

Summary

This new casebook provides a unique teaching tool for examining the issues relating to children charged with crime in the juvenile courts. It is an innovative blend of the analytical, conceptual, practical and ethical considerations arising in that context. The authors have drawn on their many years of experience teaching juvenile justice courses and representing delinquents in the juvenile courts of New York, California, and Texas, as well as on innovative scholarship in this area of the law.The book examines the history of the juvenile court system in America, the Supreme Court jurisprudence, the various stages of delinquency proceedings, the ethical dilemmas of representing minors, the status offender jurisdiction, the right to treatment in juvenile correctional facilities, waivers, determinate sentencing, blended and extended jurisdiction, and international and comparative law. The materials include cases, statutes, forms, ABA Standards, law review and related articles, and notes and questions.

Author Biography

Ellen Marrus is the George Butler Research Professor of Law at The University of Houston Law Center. Irene Rosenberg is a professor at the University of Houston Law Center.

Table of Contents

The juvenile court system in the United States	p. 3
Historical perspectives	p. 3
An overview of the juvenile justice system	p. 23
The supreme court's constitutional domestication of the juvenile court	p. 31
Introduction	p. 31
The supreme court cases	p. 32
Abolition of the juvenile court system	p. 189
Right to counsel in the juvenile court : theory and practice	p. 199
The various stages of a delinquency proceeding at which the right to counsel could theoretically apply	p. 199
The reality of the right to counsel in juvenile court	p. 202
Models of representation	p. 215
Why effective assistance of counsel standards applicable to adult defendants are insufficient to protect delinquents in juvenile court	p. 218
Juvenile delinquency proceedings : state statutes and cases	p. 225
Infancy defense - introduction	p. 225
Age limitations	p. 235
Special problems relating to juvenile court age limits	p. 237
Taking a juvenile into custody	p. 243
The intake process	p. 258
Pre-trial detention hearings	p. 281
Adjudicatory hearings	p. 326
Dispositional hearings	p. 344
International and comparative law	p. 378
Constitutional restraints on practices in juvenile correctional facilities	p. 389
Cases from the 1970s	p. 389
Do the more things change the more they remain the same?	p. 405
Status offenders : of PINS, MINS, JINS, CHINS, and YINS, a.k.a. incorrigibles, ungovernables, waywards, truants, miscreants, and persons, minors, juveniles, children and youths in need of supervision	p. 425
Historical roots	p. 425
Modern statutes	p. 431
Challenges to incorrigibility jurisdiction	p. 435
Use and misuse of the status offender jurisdiction	p. 440
The status offender laws and parental rights	p. 447
Beyond the status offender jurisdiction	p. 451
Abolition of the status offender jurisdiction	p. 453
Waiver and blended, determinate, and extended jurisdiction sentencing	p. 461
The three types of waiver statutes : judicial, prosecutorial, and legislative	p. 461
The constitution and the waiver decision	p. 464
A typical waiver statute - Florida	p. 491
Evidentiary problems in judicial waiver cases	p. 497
What happens after waiver?	p. 507
Blended, determinate and extended jurisdiction sentencing	p. 518
Capital punishment of juveniles	p. 553
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