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9781594600623

Children and Juvenile Justice

by ;
  • ISBN13:

    9781594600623

  • ISBN10:

    1594600627

  • Format: Hardcover
  • Copyright: 2007-08-07
  • Publisher: Carolina Academic Pr

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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 Statesp. 3
Historical perspectivesp. 3
An overview of the juvenile justice systemp. 23
The supreme court's constitutional domestication of the juvenile courtp. 31
Introductionp. 31
The supreme court casesp. 32
Abolition of the juvenile court systemp. 189
Right to counsel in the juvenile court : theory and practicep. 199
The various stages of a delinquency proceeding at which the right to counsel could theoretically applyp. 199
The reality of the right to counsel in juvenile courtp. 202
Models of representationp. 215
Why effective assistance of counsel standards applicable to adult defendants are insufficient to protect delinquents in juvenile courtp. 218
Juvenile delinquency proceedings : state statutes and casesp. 225
Infancy defense - introductionp. 225
Age limitationsp. 235
Special problems relating to juvenile court age limitsp. 237
Taking a juvenile into custodyp. 243
The intake processp. 258
Pre-trial detention hearingsp. 281
Adjudicatory hearingsp. 326
Dispositional hearingsp. 344
International and comparative lawp. 378
Constitutional restraints on practices in juvenile correctional facilitiesp. 389
Cases from the 1970sp. 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 supervisionp. 425
Historical rootsp. 425
Modern statutesp. 431
Challenges to incorrigibility jurisdictionp. 435
Use and misuse of the status offender jurisdictionp. 440
The status offender laws and parental rightsp. 447
Beyond the status offender jurisdictionp. 451
Abolition of the status offender jurisdictionp. 453
Waiver and blended, determinate, and extended jurisdiction sentencingp. 461
The three types of waiver statutes : judicial, prosecutorial, and legislativep. 461
The constitution and the waiver decisionp. 464
A typical waiver statute - Floridap. 491
Evidentiary problems in judicial waiver casesp. 497
What happens after waiver?p. 507
Blended, determinate and extended jurisdiction sentencingp. 518
Capital punishment of juvenilesp. 553
Table of Contents provided by Blackwell. All Rights Reserved.

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