Juvenile Justice : Process and Systems

by Gus Martin

• ISBN13: 9780761930822
• ISBN10: 0761930825
• Format: Hardcover
• Copyright: 2005-02-15
• Publisher: SAGE Publications, Inc

Summary

The study of juvenile justice process and systems is an investigation of a truly unique network that is predicated on a distinctive body of theory. Juvenile Justice: Process and Systems is an ideal textbook for those who wish to explore the theory and practice of providing justice to juveniles. Author Gus Martin introduces readers to juvenile justice in the contemporary era, while providing a contextual grounding in the historical origins of modern process and systems. This book is a review of institutions, procedures, and theories that are specifically directed toward addressing the problems of juvenile deviance and victimization. Organized into four thematic parts, Juvenile Justice presents a logical sequence of topics that are designed to incrementally build upon the concepts introduced in previous chapters. Part I introduces students to the fundamental considerations that are essential for developing a contextual understanding of the juvenile justice process. Part II examines the roles of the police, juvenile court, and corrections systems. Part III reviews the unique community-based innovations found in the juvenile justice system. Part IV takes a look at the future challenges of juvenile justice. Key Features Chapter Opening Vignettes. Each chapter begins with an engaging narrative focusing on an event or incident that will set the stage for the chapter. Chapter Perspectives. The chapters incorporate boxed inserts that explore people, events, and organizations that are relevant to the subject matter of each chapter. Extensive Illustration Program. The frequent use of tables with up-to-date data along with carefully selected photographs enhance the chapter discussions. "Juvenile Justice Professions." At the ends of chapters are profiles of occupations that interact with the juvenile justice system on a daily basis. Discussion Boxes. Challenging questions and provocative information are presented in a case format at the ends of chapters to stimulate critical thinking and further debate. Key Terms and Concepts. Important terms and ideas introduced in each chapter are listed for review and are further explored in the booka??s glossary. Web Exercises. Internet exercises at the end of each chapter have been designed to provoke class discussion and prompt further research. Student Study Site. Accompanying the text is a study site http://www.sagepub.com/martin with interactive quizzes, electronic flashcards, recommended Web sites, links to sites provided in the Web Exercises, and more. Juvenile Justice is designed for undergraduate students studying juvenile justice systems, juvenile justice process, juvenile delinquency, and law enforcement in the departments of Administration of Justice, Criminal Justice, Criminology, Political Science, Sociology, and other disciplines in the social sciences.

Table of Contents

Acknowledgments	xv
Introduction and Rationale	xvii
Part I. Understanding Juvenile Justice Process and Systems	1	(162)
Juvenile Justice: An Introduction	3	(25)
Chapter Perspective 1.1: Teen Violence in Schools	5	(1)
Conceptual Introduction: Finding Justice for Juveniles	6	(4)
Definitional Concept: Juveniles	6	(2)
Broad Concepts: Official and Nonofficial Juvenile Justice Institutions	8	(1)
Focused Concepts: Foundational Considerations for Providing Justice to Juveniles	9	(1)
Systemic Introduction: The Juvenile Justice System in Brief	10	(4)
The Police Subsystem	10	(2)
The Judicial Subsystem	12	(1)
The Corrections Subsystem	13	(1)
The Community-Based Subsystem	13	(1)
Procedural Introduction: Dispensing Juvenile Justice	14	(3)
Custody	15	(1)
Intake	15	(1)
Adjudication	16	(1)
Dispositions	16	(1)
Policy Introduction: Challenges for Juvenile Justice	17	(6)
Widening the Net: Configuring the Juvenile Justice System	17	(1)
Dealing With Juveniles: Competing Philosophies and Models	18	(5)
Chapter Summary	23	(1)
Questions for Review	24	(1)
Key Terms and Concepts	24	(1)
Discussion Box: Curfews as a Juvenile Crime-Fighting Strategy	25	(1)
Recommended Readings	26	(2)
Historical Perspectives	28	(33)
Chapter Perspective 2.1. Historical Perspectives on the Juvenile Court	30	(1)
Beginnings: Juveniles in Early History	31	(2)
Ancient Babylon	31	(1)
The Roman Empire	32	(1)
Roots of Anglo-American Law: Juvenile Justice in Old England	33	(3)
Feudal England: Life as ``Nasty, Brutish, and Short''	33	(2)
The Renaissance Period in England	35	(1)
Toward the Modern Era in England: The Reform Movement	35	(1)
Juvenile Justice in America: The Colonial Period Through the Nineteenth Century	36	(5)
English Roots During the Colonial Period	36	(2)
Toward the Modern Era in America: The Refuge and Child Savers Period	38	(3)
Juvenile Justice in America: The Twentieth Century	41	(10)
A New Philosophy: The Progressive Era	42	(1)
A New System: Juvenile Courts	43	(1)
Juvenile Justice From the Great Depression to the Great Society	44	(1)
The New Era of Juvenile Rights: Juvenile Justice During the Great Society	45	(4)
Strengthening Juvenile Rights: Juvenile Justice During the 1970s	49	(2)
Juvenile Justice in America: The Modern Era	51	(2)
Chapter Summary	53	(2)
Questions for Review	55	(1)
Key Terms and Concepts	55	(1)
Discussion Box: Idealism and the Child-Saving Movement	56	(1)
Recommended Web Sites	57	(1)
Web Exercise	57	(1)
Recommended Readings	58	(3)
Juvenile Delinquency: Theories of Causation	61	(33)
Chapter Perspective 3.1. Teenage Drug Use and Delinquency	64	(1)
Foreword to Theories of Juvenile Deviance	64	(4)
Fundamentals: Common Factors Influencing Juvenile Behavior	65	(2)
A Profile of Juvenile Deviance: Inception, Progression, and Outcome	67	(1)
Superstition and Myth: Early Theories of Delinquency and Crime	68	(3)
Naturalism	70	(1)
Demonology	70	(1)
Choice and Responsibility: Theories of the Classical School	71	(2)
Crime and Free Will	71	(1)
The American Context	72	(1)
Physical Qualities and Causation: Biological Theories	73	(4)
An Honest Appearance: Physiognomy	74	(1)
Bumps on the Head: Phrenology	74	(1)
Evolutionary Primitiveness: Atavism	75	(1)
The Bad Seed: Heredity	76	(1)
Body Types: Somatotyping	77	(1)
The Mind and Causation: Psychological Theories	77	(4)
Personality, Behavior, and Childhood: Psychoanalytic Theory	79	(1)
Learning by Experiencing: Conditioning Theory	80	(1)
Psychopathology Theory	81	(1)
Society and Causation: Sociological Theories	81	(4)
Norms, Means, and Ends: Anomie and Strain Theories	83	(1)
Concentric Urban Zones: Social Ecology (Structural) Theory	83	(1)
Differential Association Theory	84	(1)
The Impact of Injustice: Critical Theory	85	(2)
Conflict Theory	85	(1)
Radical Criminology	86	(1)
Chapter Summary	87	(1)
Questions for Review	87	(1)
Key Terms and Concepts	88	(1)
Discussion Box: Pop Culture and Delinquency	89	(1)
Recommended Web Sites	89	(1)
Web Exercise	90	(1)
Recommended Readings	90	(4)
The Delinquency Picture: Measuring Juvenile Deviance	94	(35)
Foreword: Statistics and Perceptions	95	(3)
The Utility of Statistics	95	(1)
The Media and Public Perception of Crime	96	(2)
Chapter Perspective 4.1. Why Conduct Research on Delinquency and Crime?	98	(1)
Tools of the Trade: Estimating and Reporting Delinquency and Crime	98	(2)
Police Data: The Uniform Crime Reports	99	(1)
Chapter Perspective 4.2. Uniform Crime Reports: Defining Part I Offenses	100	(1)
Chapter Perspective 4.3. Uniform Crime Reports: Defining Part II Offenses	101	(7)
Surveying the Public: National Crime Victimization Survey	104	(1)
Youths in the Judicial System: Juvenile Court Statistics	105	(2)
Surveying Delinquents and Criminals: Self-Reported Data	107	(1)
Applying the Data: Identifying Patterns of Delinquency and Crime	108	(9)
Preliminary Perspectives and Contexts	110	(3)
Delinquency and the Crime Picture	113	(4)
Postscript: Juvenile Victimization	117	(5)
The Victimization Picture	117	(1)
Hidden Victimization	118	(4)
Chapter Summary	122	(1)
Questions for Review	123	(1)
Key Terms and Concepts	124	(1)
Discussion Box: Girls as Delinquents and Status Offenders	124	(1)
Recommended Web Sites	125	(1)
Web Exercise	126	(1)
Recommended Readings	126	(3)
Children in Trouble and Children in Need	129	(34)
Chapter Perspective 5.1. Sexual Exploitation of Juveniles	131	(1)
Modern Problems: Young People and Risk Factors	132	(2)
Juveniles and Violence in the Modern Era	132	(2)
Chapter Perspective 5.2. The Superpredator Scare	134	(7)
Risky Behaviors: Youths and Substance Abuse	134	(2)
Risky Environments: Poverty and Homelessness	136	(3)
Missing Children	139	(1)
Unique Needs: Special Populations of Adolescents	140	(1)
Risk Factors	141	(1)
Youths in Conflict With Authority: Children in Trouble	141	(6)
Age of Majority	143	(1)
Status Offenders	143	(2)
Juvenile Delinquents	145	(2)
Youths Requiring Intervention: Children in Need	147	(4)
Child Dependency and Neglect	148	(1)
Child Abuse	149	(2)
Rescuing Youths: Helping Children in Trouble and Children in Need	151	(4)
The Immediate Community	151	(1)
Intervening Institutions	152	(1)
Remedial Institutions	153	(2)
Chapter Summary	155	(2)
Questions for Review	157	(1)
Key Terms and Concepts	157	(1)
Discussion Box: A National Problem: Children on the Street	158	(1)
Recommended Web Sites	159	(1)
Web Exercise	159	(1)
Recommended Readings	160	(3)
Part II. Process and Systems: Official Components	163	(94)
The Role of the Police	165	(29)
Chapter Perspective 6.1. Police Special Gang Units	167	(1)
Background: Historical Perspectives on Policing	168	(2)
Eras of American Policing	169	(1)
Policing Eras and Juvenile Relations	169	(1)
First Contact With Juveniles: Police Dispositions	170	(4)
Initial Contact	171	(2)
Custody	173	(1)
Detention	174	(1)
Decision Making: Police Discretion and Procedural Formality	174	(4)
Police Discretion	176	(1)
Procedural Formality: Official and Unofficial Police Procedures	177	(1)
Issues Arising From Police Contacts With Juveniles	178	(5)
Juvenile Constitutional Rights: Search and Seizure	178	(1)
Procedural Distinctions: Booking, Fingerprinting, and Photographing	179	(1)
Interrogating Juveniles	180	(1)
Lineups	181	(1)
Use of Force	182	(1)
Case in Point: Juvenile Records	182	(1)
Accessing the Community: Police Relationship-Building Strategies	183	(5)
The Role of Specialized Juvenile Units	184	(1)
Delinquency and Victimization Prevention Programs	185	(3)
Chapter Summary	188	(1)
Questions for Review	189	(1)
Key Terms and Concepts	189	(1)
Discussion Box: The Implications of Police-Juvenile Relations	190	(1)
Recommended Web Sites	191	(1)
Web Exercise	191	(1)
Recommended Readings	192	(2)
The Role of the Court	194	(35)
Chapter Perspective 7.1. Teenagers on Death Row	196	(1)
Background: The Role of the Juvenile Court	197	(5)
Reformers and the Origins of the Modern Juvenile Court	197	(1)
Breakthrough: The First Juvenile Court	197	(1)
Professionalization: Advancing the Juvenile Court Concept	198	(2)
Sources of Court Authority: Juvenile Court Jurisdiction	200	(1)
No Single Model: Types of Juvenile Courts	201	(1)
Implementing Court Authority: Juvenile Court Participants	202	(8)
Arbiters of Juvenile Justice: Juvenile Court Judges	202	(1)
Representatives of the State: Juvenile Court Prosecutors	203	(3)
Representing Youths in the Courtroom: The Juvenile Defense Counsel	206	(2)
Gatekeeping: Juvenile Intake and Probation Officers	208	(2)
Moving Through the System: Juvenile Court Process	210	(6)
Entering the System: Juvenile Custody and Detention	210	(2)
Command Appearances: Juvenile Petitions and Summons	212	(1)
Center of the System: Juvenile Court Hearings	213	(3)
Punishing Criminal Behavior: Juveniles in Adult Court	216	(6)
Juveniles as Legal ``Adults'': Judicial Waiver and Certification	217	(2)
Significance of Assignment to Criminal Court	219	(3)
Chapter Summary	222	(1)
Questions for Review	223	(1)
Key Terms and Concepts	224	(1)
Discussion Box: Who Is Responsible? Parents of Juvenile Offenders	225	(1)
Recommended Web Sites	225	(1)
Web Exercise	226	(1)
Recommended Readings	226	(3)
Institutional Corrections for Juveniles	229	(28)
Chapter Perspective 8.1. The World Within: Subcultures in Juvenile Correctional Institutions	232	(1)
Background: Historical Perspectives on Juvenile Corrections	232	(4)
Perspectives on Juvenile Corrections During the Colonial Era	233	(1)
Perspectives on Juvenile Corrections During the Refuge and Child-Saving Era	233	(2)
Modern Institutionalization in Perspective	235	(1)
Understanding the System: Goals of Juvenile Corrections	236	(3)
Political and Popular Culture: Conservatives Versus Liberals	237	(1)
Classifying Correctional Philosophies	237	(2)
Innovation and Ingenuity: Nominal and Intermediate Sanctions	239	(2)
Detention and Correction: Confinement Options	241	(6)
Nonsecure Residential Facilities	242	(1)
Juvenile Detention Centers	243	(1)
Jails	243	(1)
Training Schools	244	(1)
Alternative Detention Programs	245	(2)
Examining Confinement: Controversies and Protections	247	(4)
The Demographics of Confinement	247	(1)
Fundamental Issues	248	(1)
Harsh Realities: Quality of Life in Juvenile Institutions	248	(1)
Final Thoughts: Correctional Policies and Protections	249	(2)
Chapter Summary	251	(1)
Questions for Review	252	(1)
Key Terms and Concepts	252	(1)
Discussion Box: Treating Juvenile Offenders as Adult Criminals	253	(1)
Recommended Web Sites	253	(1)
Web Exercise	254	(1)
Recommended Readings	254	(3)
Part III. Process and Systems: Community-Based Components	257	(58)
Juvenile Probation, Parole, and Aftercare	259	(28)
Chapter Perspective 9.1. Terms and Conditions for Juvenile Probation, Parole, and Aftercare	262	(1)
Background: The Development of Probation, Parole, and Aftercare	262	(3)
The Origins of Probation	263	(1)
The Origins of Parole, and Aftercare	263	(1)
On the Front Line: Juvenile Probation and Parole Officers	264	(1)
Noninstitutional Corrections: Juvenile Probation	265	(5)
What Works? Models for Juvenile Probation Systems	265	(2)
Who Should Participate? Assessing Candidacy and Managing Participants	267	(1)
Restricted Freedom: Requirements and Conditions of Probation	268	(2)
Failure to Comply: Revocation of Probation	270	(1)
Postinstitutional Corrections: Juvenile Parole and Aftercare	270	(7)
Differentiating Early Release: Parole and Aftercare in Context	271	(1)
What Works? Models for Juvenile Parole and Aftercare Systems	272	(2)
Who Should Participate? Assessing Candidacy and Managing Participants	274	(1)
Restricted Freedom, Revisited: Requirements and Conditions of Parole and Aftercare	275	(1)
Failure to Comply, Revisited: Revocation of Parole and Aftercare	276	(1)
Contending Questions: Ongoing Issues and Special Needs	277	(5)
Who Is Served? Balancing the Duties of Probation and Parole Officers	278	(1)
Which Process Is Due? The Question of Proper Revocation	279	(1)
What of Special Populations? Addressing the Needs of Vulnerable Youths	279	(2)
How to Manage the System? An Evolving Philosophy	281	(1)
Chapter Summary	282	(1)
Questions for Review	282	(1)
Key Terms and Concepts	283	(1)
Discussion Box: The Utility of Net Widening	283	(1)
Recommended Web Sites	284	(1)
Web Exercise	285	(1)
Recommended Readings	285	(2)
Community-Based Juvenile Programs	287	(28)
Chapter Perspective 10.1. Broken Windows Theory	289	(1)
Origins: Background to Community-Based Juvenile Programs	290	(1)
Fundamental Concepts: Understanding ``Community''	290	(1)
Programmatic Origins	291	(1)
Juvenile Diversion: A Noninstitutional Alternative	291	(4)
Basic Concepts: Models and Principles of Diversion	292	(1)
From Theory to Practice: Operationalizing Diversion	293	(1)
Disagreement on Implementation: Critiquing Diversion	294	(1)
Widening the Net: Partner Institutions and Placement Alternatives	295	(6)
Restrictive Community Placement: Group Homes	296	(2)
Benign Community Placement: Foster Homes and Day Treatment Centers	298	(1)
Experiential Community Placement: Wilderness Programs	299	(2)
Anticipating and Managing Juvenile Problems: Prevention and Treatment Models	301	(7)
Anticipating the Problem: Prevention	302	(2)
Managing the Problem: Treatment	304	(4)
Chapter Summary	308	(1)
Questions for Review	309	(1)
Key Terms and Concepts	309	(1)
Discussion Box: ``It Takes a Village to Raise a Child''	310	(1)
Recommended Web Sites	311	(1)
Web Exercise	311	(1)
Recommended Readings	312	(3)
Part IV. Final Perspectives and Projections	315	(74)
Antisocial Youth Cultures and the Case of Youth Gangs	317	(32)
Chapter Perspective 11.1. The Influence of Adult Hate Groups on Youth Culture: The Case of the Skinheads	320	(1)
Background: Causes of Antisocial Behavior Among Youths	321	(4)
Explanatory Factors: Focusing on the Individual's Environment	321	(2)
Explanatory Factors: Focusing on the Juvenile Group	323	(2)
History and Implications: Perspectives on Youth Gangs	325	(5)
Origins: Historical, Regional, and National Perspectives	326	(3)
Societal Implications: Community Perspectives	329	(1)
Gang Characteristics: Demographics, Organization, and Behavior	330	(9)
Common Characteristics: The Definitional Dialogue	331	(1)
Demographic Characteristics: Age, Ethnicity, and Gender	332	(3)
Operational Characteristics: Living the Life of a Gangbanger	335	(4)
A Policy Dilemma: Responding to the Gang Problem	339	(3)
Gang Suppression	339	(1)
Gang Prevention	340	(1)
Gang Intervention	341	(1)
Chapter Summary	342	(1)
Questions for Review	343	(1)
Key Terms and Concepts	343	(1)
Discussion Box: Drug Gangs	344	(1)
Recommended Web Sites	345	(1)
Web Exercise	345	(1)
Recommended Readings	345	(4)
Global Perspectives: Juvenile Justice in an International Context	349	(23)
Chapter Perspective 12.1. Sweden's Prochild Approach	352	(1)
International Perspectives: Juvenile Justice Process in Developed Nations	353	(5)
The Role of the Police in Developed Countries: The Case of British-Influenced Western Nations	353	(1)
The Role of the Court in Developed Countries: The Case of British-Influenced Western Nations	354	(2)
Juvenile Corrections in Developed Countries: The Case of British-Influenced Western Nations	356	(2)
International Perspectives: Juvenile Justice Process in Developing Nations	358	(7)
An Overview of Juvenile Justice in Developing Countries: The Cases of India and China	359	(2)
The Role of the Police in Developing Countries: The Cases of India and China	361	(1)
The Role of the Court in Developing Countries: The Cases of India and China	362	(1)
Juvenile Corrections in Developing Countries: The Cases of India and China	363	(2)
Children's Rights: A Global Approach to Juvenile Justice	365	(2)
Children in Trouble: Conditions of Juveniles in Custody	365	(1)
At-Risk Populations: Displaced and Victimized Children	366	(1)
Taking Advantage of the Young: Exploited Children	366	(1)
Chapter Summary	367	(1)
Questions for Review	368	(1)
Key Terms and Concepts	368	(1)
Discussion Box: Juvenile Justice: The Cultural Dimension	369	(1)
Recommended Web Sites	370	(1)
Web Exercise	370	(1)
Recommended Readings	370	(2)
What Is to Be Done? Projections and Conclusion	372	(17)
Chapter Perspective 13.1. Youth Gangs: An Old Problem in a New Light	372	(3)
What Next? Challenges for the Juvenile Justice System	375	(6)
Factors Shaping the Juvenile's Environment: Enduring Influences on Juvenile Behavior	376	(2)
Factors Shaping Juvenile Justice Policy: Illustrative Examples	378	(3)
Professionals, Process, and Policy: Configuring the Juvenile Justice System	381	(4)
Responding to Juvenile Problems: Finding a Guiding Philosophy	381	(1)
An Enduring Institution: Juvenile Court Process and Policy	382	(1)
Rehabilitation or Punishment? Corrections Process and Policy	382	(1)
Protecting Due Process: The Legal Advocates (Attorneys)	383	(1)
Widening the Net: Community-Based Professionals and Policies	384	(1)
A Final Thought: Managing the Problem	385	(1)
Chapter Summary	385	(1)
Questions for Review	386	(1)
Discussion Box: Juvenile Justice and Law Enforcement in the United States	386	(1)
Recommended Readings	387	(2)
Glossary	389	(30)
Appendixes	419	(20)
Index	439	(18)
About the Author	457