Juvenile Justice The System, Process and Law

by del Carmen, Rolando V.; Trulson, Chad R.

• ISBN13: 9780534521585
• ISBN10: 0534521584
• Format: Hardcover
• Copyright: 2005-07-07
• Publisher: Wadsworth Publishing

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