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Juvenile Justice The System, Process and Law,9780534521585
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Juvenile Justice The System, Process and Law

by ;
Edition:
1st
ISBN13:

9780534521585

ISBN10:
0534521584
Format:
Hardcover
Pub. Date:
7/7/2005
Publisher(s):
Cengage Learning

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Summary

Like no other text on the market, JUVENILE JUSTICE: SYSTEM, PROCESS, AND LAW provides a balanced engaging and detailed look at real juvenile justice-the system, the process, and the law. Written by two authorities on the subject, del Carmen and Trulson's new text is organized by the logical and chronological sequencing of the process, making it easier for students to understand and remember, and helping them differentiate the juvenile justice system from the adult criminal justice system. Based on the authors' many years of hands-on, practical experience in the field, the text includes a wealth of interesting narrative illustrations that provide students with a realistic picture of the juvenile justice system. JUVENILE JUSTICE clearly and effectively introduces students to the various phases and complex nuances of juvenile law as they relate to the juvenile justice system, process, policy, and theory.

Author Biography

Chad R. Trulson is an Assistant Professor of Criminal Justice at the University of North Texas. Rolando V. del Carmen is a Distinguished Professor of Criminal Justice (Law) in the College of Criminal Justice, Sam Houston State University.

Table of Contents

Preface xviii
An Overview of Juvenile Justice
1(30)
The Background and History of the Juvenile Justice System
3(6)
The Concept of Juvenile Responsibility
3(1)
Parens Patriae: The State as Parent
3(2)
Juvenile Justice History in America
5(4)
Juvenile Versus Adult Justice Systems
9(4)
Differences Between the Two Systems
9(1)
Similarities Between the Two Systems
10(3)
Juveniles, Delinquency, and the Law
13(4)
Juvenile Defined
13(2)
Delinquency Defined
15(2)
The Scope of the Juvenile Justice System
17(2)
Delinquent Offenders
17(1)
Status Offenders
18(1)
Dependent and Neglected Children
18(1)
An Overview of the Juvenile Justice Process
19(8)
Initial Contact
19(2)
Intake
21(1)
Adjudication
22(1)
Disposition
22(3)
Aftercare
25(2)
Summary
27(1)
Review Questions
27(1)
Key Terms and Definitions
28(2)
For Further Research
30(1)
Theories and Measurement of Juvenile Delinquency
31(41)
Theories of Juvenile Delinquency
33(25)
The Emergence of the Classical School
34(2)
Biology, Determinism, and the Positive School
36(4)
Psychological Explanations of Delinquency
40(1)
Sociological Explanations of Delinquency
41(11)
Developmental and Life-Course Perspectives
52(3)
Delinquency Theories and the Juvenile Justice System, Process, and Law
55(1)
Measuring Juvenile Crime and Victimizations
56(2)
Official Data
58(8)
Self-Report Data
61(2)
Victimization Data
63(2)
Summary
65(1)
Review Questions
66(1)
Key Terms and Definitions
67(1)
For Further Research
68(2)
Juveniles and the Police
70(2)
Juvenile Conduct Leading to Police Involvement
72(39)
Taking Juveniles into Custody
73(1)
The Arrest Requirement and Probable Cause
73(4)
Who Determines Probable Cause?
73(1)
Establishing Probable Cause
74(1)
Arrests of Juveniles
74(3)
Police Discretion When Arresting Juveniles
77(1)
Factors That Influence Juvenile Arrest Decisions
77(6)
Juvenile Arrests
83(1)
How Arrests Are Counted
83(3)
The Number and Trend of Juvenile Arrests
83(2)
Legal Rights of Juveniles During Stop and Frisk, Arrests, and Searches and Seizures
85(1)
Stop and Frisk of Juveniles
86(8)
Arrests of Persons
86(2)
Searches and Seizures
88(2)
School Searches and Police Assistance
90(1)
Case Brief: New Jersey v. T. L. O.
91(3)
General Search Conditions for Juvenile Probationers
94(2)
Custody and Interrogation of Juveniles
95(1)
Miranda Wording and Juveniles
96(6)
When Is a Suspect Under ''Custodial Interrogation'' for Miranda Purposes?
96(3)
A Juvenile May Waive Miranda Rights: The Totality of Circumstances Test
99(1)
Per Se Rules and Juvenile Waiver
100(2)
Refusal to Waive Miranda Must Be Clear and Unambiguous
102(1)
Confidentiality and the Police
102(5)
Fingerprinting
103(2)
DNA Samples
105(1)
Lineups and Photographs
106(1)
Media, Juveniles, and the Police
106(1)
Summary
107(1)
Review Questions
108(1)
Key Terms and Definitions
109(1)
For Further Research
110(1)
Intake and Diversion
111(30)
The Intake Process
113(7)
What Is Intake?
113(1)
Who Handles Intake?
114(2)
Who Makes a Delinquency Referral to Intake Officers?
116(1)
Procedures and Decisions at Intake
117(3)
The Legal Rights of Juveniles at Intake
120(3)
Is Intake a ``Critical Stage'' Requiring Counsel?
121(1)
Admissibility of Intake Information at Adjudication Proceedings
122(1)
Case Brief: In re Wayne H.
123(3)
General Guidelines on the Admissibility of Intake Information in Adjudication Proceedings
124(2)
The Diversion Process
126(3)
What Is Diversion?
126(1)
Examples of Diversion Programs
127(1)
Who Qualifies for Diversion?
127(1)
What Happens If a Youth Refuses to Accept Diversion?
128(1)
The Legal Rights of Juveniles in Diversion
129(5)
Do Juveniles Have a Constitutional Right to Diversion?
129(1)
Is a Hearing Required to Deny Diversion?
130(1)
Cases Similarly Situated and Diversion Offers
130(1)
Removing a Youth from Diversion
131(1)
Diversion and Double Jeopardy
132(1)
May Prior Diversions Be Used to Increase Future Sentences?
133(1)
Extralegal Issues in Diversion
134(4)
Bias in Selection for Diversion
134(2)
Does Diversion Promote Further Contact with the Juvenile Justice System?
136(1)
Diversion and Net Widening
137(1)
Summary
138(1)
Review Questions
139(1)
Key Terms and Definitions
139(1)
For Further Research
140(1)
Status Offenders, Dependent and Neglected Youths, and Juvenile Victimizations
141(36)
Historical Methods of Dealing with Nondelinquents
143(2)
The Juvenile Justice and Delinquency Prevention Act (JJDPA) of 1974
145(2)
Core Requirements of the JJDPA of 1974
146(1)
Amendments to the JJDPA of 1974
147(1)
The Juvenile Justice System and Status Offenders
147(4)
Justification for Juvenile Justice Intervention for Status Offenders Today
148(1)
The Juvenile Court Process for Status Offenders
148(1)
The Rights of Status Offenders in Adjudication Proceedings
149(1)
Dispositions for Status Offenders
149(2)
Status Offense Case Processing in the Juvenile Justice System
151(4)
Initial Contact
152(2)
Intake
154(1)
Adjudication
154(1)
Disposition
154(1)
Dependency, Neglect, and the Juvenile Justice System
155(11)
Reasons for Juvenile Court Intervention for Dependent and Neglected Youths
155(3)
Forms of Dependency and Neglect
158(1)
Agencies Dealing with Dependency and Neglect
159(4)
The Extent of Dependency and Neglect
163(3)
Juvenile Court Processing for Dependency and Neglect
166(4)
Court Petition or Complaint
167(1)
Mediation
168(1)
Court Hearing
168(1)
Disposition
169(1)
Juvenile Victimizations
170(3)
Summary
173(1)
Review Questions
174(1)
Key Terms and Definitions
174(2)
For Further Research
176(1)
Detention and Transfer to Adult Court
177(31)
Pre-adjudication Detention of Juveniles
179(2)
The Purpose of Juvenile Detention
179(1)
Detention Trends
180(1)
Detention Procedures and the Rights of Detained Juveniles
181(6)
Detention Intake
181(1)
The Required Detention Hearing
182(3)
The Rights of Juveniles at Detention Hearings
185(1)
Do Juveniles Have a Constitutional Right to Bail If Detained?
185(1)
May a Juvenile Be Detained in an Adult Jail?
186(1)
Juvenile Transfer to Adult Court
187(2)
The Purpose of Juvenile Transfer
187(2)
Factors Influencing Transfer
189(1)
Types of Juvenile Transfer and Procedures
189(3)
Judicial Waiver
191(1)
Case Brief: Kent v. United States
192(7)
Prosecutorial Waiver
196(1)
Legislative Waiver
197(2)
Choosing the Transfer Method
199(3)
The Impact of Juvenile Transfer
202(2)
Removing Serious Offenders
203(1)
Longer Sentences and Harsher Penalties?
203(1)
Summary
204(1)
Review Questions
205(1)
Key Terms and Definitions
206(1)
For Further Research
207(1)
The National Court System and the Juvenile Courts
208(35)
The Court System and Its Process
210(9)
The Federal Court System
210(1)
The State Court System
211(2)
The Appeals Process
213(1)
The Geographical Boundaries of Court Decisions
214(1)
Judicial Precedent (Stare Decisis)
214(2)
Federal Versus State Jurisdiction
216(1)
Juveniles in Federal Court
217(2)
A Cautionary Note
219(1)
The Origin and Formation of the First Juvenile Court
219(5)
What Led Up to Juvenile Courts
219(2)
The First Juvenile Court
221(3)
The Juvenile Court Structure
224(13)
The Organization of Juvenile Courts
224(1)
Do Juvenile Courts Have Jurisdiction in All Matters Involving Juveniles?
224(1)
Should There Be a Unified or Coordinated Juvenile Court?
225(1)
The Administration of Juvenile Courts
226(3)
Specialized Juvenile Courts
229(4)
Juvenile Court Personnel
233(4)
Is a Separate Juvenile Court Needed?
237(2)
Summary
239(1)
Review Questions
240(1)
Key Terms and Definitions
241(1)
For Further Research
242(1)
Adjudication of Juveniles
243(26)
The Past and the Present
245(1)
Adjudication of Juveniles in the Past
245(1)
Adjudication of Juveniles Today
246(1)
Juvenile Adjudication Compared with Adult Criminal Trial
246(1)
Similarities to the Adult Trial
246(1)
Differences with the Adult Trial
247(1)
Procedures During Adjudication
247(5)
The Arraignment
247(1)
The Plea
248(1)
The Selection of Jurors (in Cases Tried Before a Jury)
249(1)
The Presentation of the Case for the Prosecution
250(1)
The Presentation of the Case for the Defense
250(1)
The Closing Arguments
250(1)
The Judge's Instructions to the Jury
251(1)
Jury Deliberation
251(1)
The Verdict
251(1)
The Rights of Juveniles During Trial
252(8)
In re Gault (1967): The Leading Case in Juvenile Adjudication
252(1)
The Right to a Lawyer
253(3)
The Privilege Against Self-Incrimination
256(1)
The Right to Notice of the Charges
257(1)
The Right Against Double Jeopardy: Breed v. Jones (1975)
258(1)
The Right to Due Process
258(1)
The Right to Proof of Guilt Beyond a Reasonable Doubt
259(1)
Case Brief: In re Winship
260(2)
Waiver of Constitutional Rights
261(1)
Constitutional Rights During Trial Not Given to Juveniles
262(3)
No Right to a Trial by Jury
262(2)
No Right to a Public Trial
264(1)
The Exclusionary Rule and Juvenile Adjudication
265(1)
Summary
266(1)
Review Questions
267(1)
Key Terms and Definitions
267(1)
For Further Research
268(1)
Disposition and Appeal
269(32)
Disposition
271(8)
The Goals of Disposition: Ideals Versus Reality
272(4)
Discretion in Dispositions
276(1)
When Disposition Takes Place
276(2)
The Disposition Plan
278(1)
Roles During Dispositions
278(1)
Kinds of Dispositions
279(7)
Placement in an Institution
280(1)
Probation
281(1)
Other Sanctions That Leave the Juvenile in the Community
282(3)
The Death Penalty
285(1)
Blended Sentencing
286(3)
Legal and Constitutional Issues in Dispositions
289(1)
The Rights of Juveniles During Dispositions
289(1)
The Use of Illegally Obtained Evidence in Dispositions
289(1)
Case Brief: Haley v. Ohio
290(6)
Juveniles and ``Three Strikes and You're Out'' Sentences
292(1)
Juveniles Confined Longer Than Adults for Similar Offenses
293(1)
The Use of Juvenile Records If Later Sentenced as an Adult
293(1)
Punishing Parents for What Their Children Do
294(2)
Juveniles and the Right to Appeal
296(1)
Juveniles May Appeal a Conviction and Disposition
296(1)
Juveniles May Be Released While an Appeal Is Pending
296(1)
Appeal Distinguished from Habeas Corpus
297(1)
Towards a More Progressive Approach to Juvenile Disposition
297(1)
Summary
298(1)
Review Questions
299(1)
Key Terms and Definitions
299(1)
For Further Research
300(1)
Juvenile Probation and Parole
301(32)
Probation and Parole
303(1)
Similarities
303(1)
Differences
303(1)
The Origin and History of Juvenile Probation
304(1)
The Organization and Administration of Probation and Parole
305(1)
Conditions of Probation and Parole
306(3)
General Conditions
306(2)
Kinds of Conditions
308(1)
Modification of Conditions
309(1)
Supervision
309(5)
Standards and Goals
309(1)
The Juvenile Probation Officer
310(2)
Fare v. Michael C. (1979): An Important Case in Juvenile Supervision
312(2)
Other Community-Based Programs
314(5)
Intensive Supervision Probation (ISP)
315(1)
Shock Probation
315(1)
School-Based Probation
316(1)
Family Counseling
317(1)
Juvenile Boot Camps
318(1)
Legal Issues in Probation and Parole Practices
319(7)
Searches and Seizures of Probationers and Parolees
319(1)
Miranda Warnings and Interrogation by Probation Officers
320(1)
Problems in Partnerships Between Probation Officers and Police Officers
321(2)
Testing Juveniles for Drugs
323(1)
Curfews
324(1)
The Probation Records of Juveniles
325(1)
Revocation of Probation
326(3)
The Initiation of Revocation
327(1)
The Lack of Legal Standards for Revocation
327(1)
Juveniles' Rights Prior to Revocation
327(1)
The Results of Revocation
328(1)
Case Brief: Gagnon v. Scarpelli
329(1)
Summary
330(1)
Review Questions
331(1)
Key Terms and Definitions
331(1)
For Further Research
332(1)
Juvenile Correctional Institutions
333(48)
The Development and Evolution of Juvenile Institutions
335(7)
The Early Seeds of Juvenile Institutions: Almshouses and Orphanages (1600s--1820s)
335(2)
The First Juvenile Institutions: Houses of Refuge (1825--1850s)
337(1)
Reformatories, Training Schools, and the Cottage System (1846--1980s)
338(3)
The Juvenile Correctional Facility (1980s--Present)
341(1)
Types of Juvenile Placements
342(22)
Pre--adjudication Placements for Delinquents
342(5)
Post-adjudication Placements for Delinquents
347(15)
Placements for Nondelinquents
362(2)
Conditions of Confinement and the Rights of Institutionalized Juveniles
364(6)
Conditions of Confinement in Juvenile Institutions
364(3)
The Rights of Institutionalized Juveniles
367(3)
Case Brief: Morales v. Turman
370(7)
Summary
377(1)
Review Questions
378(1)
Key Terms and Definitions
378(1)
For Further Research
379(2)
The Death Penalty for Juveniles: Roper v. Simmons (2005)
381(21)
The Death Penalty in General
383(3)
Background
383(1)
U.S. Supreme Court Cases
384(2)
The Death Penalty for Juveniles Before Simmons
386(6)
Background
386(1)
The Laws and Practices Before Simmons
386(2)
U.S. Supreme Court Cases Before Simmons
388(2)
``Evolving Standards of Decency'' as a Test for Constitutionality
390(2)
Developments Before Simmons
392(1)
Infrequent Executions
392(1)
The International Scene
392(1)
Atkins v. Virginia (2002): A Judicial Precedent for Simmons
392(1)
Roper v. Simmons (2005): The Death Penalty for Juveniles Is Unconstitutional
393(5)
The Holding and the Issue
393(1)
The Facts
393(1)
Unusual Circumstances
394(1)
The Majority Opinion by Five Justices
395(1)
The Dissenting Opinions by Four Justices
396(2)
What Happens After Roper v. Simmons?
398(1)
Summary
399(1)
Review Questions
400(1)
Key Terms and Definitions
400(1)
For Further Research
401(1)
Schools, School Crime, and the Rights of Students
402(35)
Juveniles, the Law, and Schools
404(10)
The Legal Basis of School Authority
404(1)
Legal Issues in Regulating Student Behavior
405(9)
Case Brief: Pottawatomie County v. Earls
414(3)
The Extent of School Crime
417(8)
Measuring School Crime
418(1)
School Crime in the 1990s
418(6)
The Bottom Line on School Crime
424(1)
Making Schools Safe---Can It Be Done?
425(9)
Zero Tolerance Policies
425(4)
Security Measures in Schools---Are They Effective?
429(2)
School Partnerships with the Criminal and Juvenile Justice Systems
431(3)
Summary
434(1)
Review Questions
435(1)
Key Terms and Definitions
435(1)
For Further Research
436(1)
Juvenile Justice: Past, Present, and Future
437(22)
Reliving the Past
439(3)
The Discovery of Childhood
439(1)
A Separate Legal System for Youths
440(1)
Juvenile Justice Reform and the Erosion of Parens Patriae
440(1)
Recognizing Nondelinquents and Diversity in Juvenile Courts
441(1)
A Juvenile Crime Wave?
441(1)
The Dual Path of Juvenile Justice
442(1)
A Look at the Present
442(8)
The Current State of the Juvenile Court and the Juvenile Justice System
442(1)
Some Current Issues and Trends
443(6)
Public Opinion and Pendulum Shifts
449(1)
A Glimpse of the Future
450(5)
Females and Juvenile Justice
450(1)
Reinventing Juvenile Probation
451(2)
Five Themes and Trends in State Laws Targeting Serious Crimes Committed by Juveniles
453(1)
A Juvenile Justice System for This Century
454(1)
Summary
455(1)
Review Questions
456(1)
Key Terms and Definitions
457(1)
For Further Research
458(1)
Appendix A U.S. Supreme Court Decisions in Juvenile Justice 459(2)
Appendix B Where State Juvenile Laws Are Found 461(3)
Appendix C Finding and Interpreting Court Cases 464(3)
Glossary 467(9)
Notes 476(21)
Index 497


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