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Juvenile Justice The System, Process and Law

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ISBN-10: 0534521584

ISBN-13: 9780534521585

Edition: 2006

Authors: Chad R. Trulson, Rolando V. Del Carmen

List price: $222.95
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Description:

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…    
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Book details

List price: $222.95
Copyright year: 2006
Publisher: Wadsworth
Publication date: 7/7/2005
Binding: Hardcover
Pages: 544
Size: 8.00" wide x 10.00" long x 1.00" tall
Weight: 2.398
Language: English

CHAD R. TRULSON is Associate Professor of Criminal Justice at the University of North Texas in Denton and the co-author of Juvenile Justice: The System, Process, and Law.

Preface
An Overview of Juvenile Justice
The Background and History of the Juvenile Justice System
The Concept of Juvenile Responsibility
Parens Patriae: The State as Parent
Juvenile Justice History in America
Juvenile Versus Adult Justice Systems
Differences Between the Two Systems
Similarities Between the Two Systems
Juveniles, Delinquency, and the Law
Juvenile Defined
Delinquency Defined
The Scope of the Juvenile Justice System
Delinquent Offenders
Status Offenders
Dependent and Neglected Children
An Overview of the Juvenile Justice Process
Initial Contact
Intake
Adjudication
Disposition
Aftercare
Summary
Review Questions
Key Terms and Definitions
For Further Research
Theories and Measurement of Juvenile Delinquency
Theories of Juvenile Delinquency
The Emergence of the Classical School
Biology, Determinism, and the Positive School
Psychological Explanations of Delinquency
Sociological Explanations of Delinquency
Developmental and Life-Course Perspectives
Delinquency Theories and the Juvenile Justice System, Process, and Law
Measuring Juvenile Crime and Victimizations
Official Data
Self-Report Data
Victimization Data
Summary
Review Questions
Key Terms and Definitions
For Further Research
Juveniles and the Police
Juvenile Conduct Leading to Police Involvement
Taking Juveniles into Custody
The Arrest Requirement and Probable Cause
Who Determines Probable Cause?
Establishing Probable Cause
Arrests of Juveniles
Police Discretion When Arresting Juveniles
Factors That Influence Juvenile Arrest Decisions
Juvenile Arrests
How Arrests Are Counted
The Number and Trend of Juvenile Arrests
Legal Rights of Juveniles During Stop and Frisk, Arrests, and Searches and Seizures
Stop and Frisk of Juveniles
Arrests of Persons
Searches and Seizures
School Searches and Police Assistance
Case Brief: New Jersey v.T.L.O.
General Search Conditions for Juvenile Probationers
Custody and Interrogation of Juveniles
Miranda Wording and Juveniles
When Is a Suspect Under "Custodial Interrogation" for Miranda Purposes?
A Juvenile May Waive Miranda Rights: The Totality of Circumstances Test
Per Se Rules and Juvenile Waiver
Refusal to Waive Miranda Must Be Clear and Unambiguous
Confidentiality and the Police
Fingerprinting
DNA Samples
Lineups and Photographs
Media, Juveniles, and the Police
Summary
Review Questions
Key Terms and Definitions
For Further Research
Intake and Diversion
The Intake Process
What Is Intake?
Who Handles Intake?
Who Makes a Delinquency Referral to Intake Officers?
Procedures and Decisions at Intake
The Legal Rights of Juveniles at Intake
Is Intake a "Critical Stage" Requiring Counsel?
Admissibility of Intake Information at Adjudication Proceedings
Case Brief: In re Wayne H.
General Guidelines on the Admissibility of Intake Information in Adjudication Proceedings
The Diversion Process
What Is Diversion?
Examples of Diversion Programs
Who Qualifies for Diversion?
What Happens If a Youth Refuses to Accept Diversion?
The Legal Rights of Juveniles in Diversion
Do Juveniles Have a Constitutional Right to Diversion?
Is a Hearing Required to Deny Diversion?
Cases Similarly Situated and Diversion Offers
Removing a Youth from Diversion
Diversion and Double Jeopardy
May Prior Diversions Be Used to Increase Future Sentences?
Extralegal Issues in Diversion
Bias in Selection for Diversion
Does Diversion Promote Further Contact with the Juvenile Justice System?
Diversion and Net Widening
Summary
Review Questions
Key Terms and Definitions
For Further Research
Status Offenders, Dependent and Neglected Youths, and Juvenile Victimizations
Historical Methods of Dealing with Nondelinquents
The Juvenile Justice and Delinquency Prevention Act (JJDPA) of 1974
Core Requirements of the JJDPA of 1974
Amendments to the JJDPA of 1974
The Juvenile Justice System and Status Offenders
Justification for Juvenile Justice Intervention for Status Offenders Today
The Juvenile Court Process for Status Offenders
The Rights of Status Offenders in Adjudication Proceedings
Dispositions for Status Offenders
Status Offense Case Processing in the Juvenile Justice System
Initial Contact
Intake
Adjudication
Disposition
Dependency, Neglect, and the Juvenile Justice System
Reasons for Juvenile Court Intervention for Dependent and Neglected Youths
Forms of Dependency and Neglect
Agencies Dealing with Dependency and Neglect
The Extent of Dependency and Neglect
Juvenile Court Processing for Dependency and Neglect
Court Petition or Complaint
Mediation
Court Hearing
Disposition
Juvenile Victimizations
Summary
Review Questions
Key Terms and Definitions
For Further Research
Detention and Transfer to Adult Court
Pre-adjudication Detention of Juveniles
The Purpose of Juvenile Detention
Detention Trends
Detention Procedures and the Rights of Detained Juveniles
Detention Intake
The Required Detention Hearing
The Rights of Juveniles at Detention Hearings
Do Juveniles Have a Constitutional Right to Bail If Detained?
May a Juvenile Be Detained in an Adult Jail?
Juvenile Transfer to Adult Court
The Purpose of Juvenile Transfer
Factors Influencing Transfer
Types of Juvenile Transfer and Procedures
Judicial Waiver
Case Brief: Kent v. United States
Prosecutorial Waiver
Legislative Waiver
Choosing the Transfer Method
The Impact of Juvenile Transfer
Removing Serious Offenders
Longer Sentences and Harsher Penalties?
Summary
Review Questions
Key Terms and Definitions
For Further Research
The National Court System and the Juvenile Courts
The Court System and Its Process
The Federal Court System
The State Court System
The Appeals Process
The Geographical Boundaries of Court Decisions
Judicial Precedent (Stare Decisis)
Federal Versus State Jurisdiction
Juveniles in Federal Court
A Cautionary Note
The Origin and Formation of the First Juvenile Court
What Led Up to Juvenile Courts
The First Juvenile Court
The Juvenile Court Structure
The Organization of Juvenile Courts
Do Juvenile Courts Have Jurisdiction in All Matters Involving Juveniles?
Should There Be a Unified or Coordinated Juvenile Court?
The Administration of Juvenile Courts
Specialized Juvenile Courts
Juvenile Court Personnel
Is a Separate Juvenile Court Needed?
Summary
Review Questions
Key Terms and Definitions
For Further Research
Adjudication of Juveniles
The Past and the Present
Adjudication of Juveniles in the Past
Adjudication of Juveniles Today
Juvenile Adjudication Compared with Adult Criminal Trial
Similarities to the Adult Trial
Differences with the Adult Trial
Procedures During Adjudication
The Arraignment
The Plea
The Selection of Jurors (in Cases Tried Before a Jury)
The Presentation of the Case for the Prosecution
The Presentation of the Case for the Defense
The Closing Arguments
The Judge's Instructions to the Jury
Jury Deliberation
The Verdict
The Rights of Juveniles During Trial
In re Gault (1967): The Leading Case in Juvenile Adjudication
The Right to a Lawyer
The Privilege Against Self-Incrimination
The Right to Notice of the Charges
The Right Against Double Jeopardy: Breed v. Jones (1975)
The Right to Due Process
The Right to Proof of Guilt Beyond a Reasonable Doubt
Case Brief: In re Winship
Waiver of Constitutional Rights
Constitutional Rights During Trial Not Given to Juveniles
No Right to a Trial by Jury
No Right to a Public Trial
The Exclusionary Rule and Juvenile Adjudication
Summary
Review Questions
Key Terms and Definitions
For Further Research
Disposition and Appeal
Disposition
The Goals of Disposition: Ideals Versus Reality
Discretion in Dispositions
When Disposition Takes Place
The Disposition Plan
Roles During Dispositions
Kinds of Dispositions
Placement in an Institution
Probation
Other Sanctions That Leave the Juvenile in the Community
The Death Penalty
Blended Sentencing
Legal and Constitutional Issues in Dispositions
The Rights of Juveniles During Dispositions
The Use of Illegally Obtained Evidence in Dispositions
Case Brief: Haley v. Ohio
Juveniles and "Three Strikes and You're Out" Sentences
Juveniles Confined Longer Than Adults for Similar Offenses
The Use of Juvenile Records If Later Sentenced as an Adult
Punishing Parents for What Their Children Do
Juveniles and the Right to Appeal
Juveniles May Appeal a Conviction and Disposition
Juveniles May Be Released While an Appeal Is Pending
Appeal Distinguished from Habeas Corpus
Towards a More Progressive Approach to Juvenile Disposition
Summary
Review Questions
Key Terms and Definitions
For Further Research
Juvenile Probation and Parole
Probation and Parole
Similarities
Differences
The Origin and History of Juvenile Probation
The Organization and Administration of Probation and Parole
Conditions of Probation and Parole
General Conditions
Kinds of Conditions
Modification of Conditions
Supervision
Standards and Goals
The Juvenile Probation Officer
Fare v. Michael C. (1979): An Important Case in Juvenile Supervision
Other Community-Based Programs
Intensive Supervision Probation (ISP)
Shock Probation
School-Based Probation
Family Counseling
Juvenile Boot Camps
Legal Issues in Probation and Parole Practices
Searches and Seizures of Probationers and Parolees
Miranda Warnings and Interrogation by Probation Officers
Problems in Partnerships Between Probation Officers and Police Officers
Testing Juveniles for Drugs
Curfews
The Probation Records of Juveniles
Revocation of Probation
The Initiation of Revocation
The Lack of Legal Standards for Revocation
Juveniles' Rights Prior to Revocation
The Results of Revocation
Case Brief: Gagnon v. Scarpelli
Summary
Review Questions
Key Terms and Definitions
For Further Research
Juvenile Correctional Institutions
The Development and Evolution of Juvenile Institutions
The Early Seeds of Juvenile Institutions: Almshouses and Orphanages (1600s-1820s)
The First Juvenile Institutions: Houses of Refuge (1825-1850s)
Reformatories, Training Schools, and the Cottage System (1846-1980s)
The Juvenile Correctional Facility (1980s-Present)
Types of Juvenile Placements
Pre-adjudication Placements for Delinquents
Post-adjudication Placements for Delinquents
Placements for Nondelinquents
Conditions of Confinement and the Rights of Institutionalized Juveniles
Conditions of Confinement in Juvenile Institutions
The Rights of Institutionalized Juveniles
Case Brief: Morales v. Turman
Summary
Review Questions
Key Terms and Definitions
For Further Research
The Death Penalty for Juveniles: Roper v. Simmons (2005)
The Death Penalty in General
Background
U.S. Supreme Court Cases
The Death Penalty for Juveniles Before Simmons
Background
The Laws and Practices Before Simmons
U.S. Supreme Court Cases Before Simmons
"Evolving Standards of Decency" as a Test for Constitutionality
Developments Before Simmons
Infrequent Executions
The International Scene
Atkins v. Virginia (2002): A Judicial Precedent for Simmons
Roper v. Simmons (2005): The Death Penalty for Juveniles Is Unconstitutional
The Holding and the Issue
The Facts
Unusual Circumstances
The Majority Opinion by Five Justices
The Dissenting Opinions by Four Justices
What Happens After Roper v. Simmons?
Summary
Review Questions
Key Terms and Definitions
For Further Research
Schools, School Crime, and the Rights of Students
Juveniles, the Law, and Schools
The Legal Basis of School Authority
Legal Issues in Regulating Student Behavior
Case Brief: Pottawatomie County v. Earls
The Extent of School Crime
Measuring School Crime
School Crime in the 1990s
The Bottom Line on School Crime
Making Schools Safe-Can It Be Done?
Zero Tolerance Politices
Security Measures in Schools-Are They Effective?
School Partnerships with the Criminal and Juvenile Justice Systems
Summary
Review Questions
Key Terms and Definitions
For Further Research
Juvenile Justice: Past, Present, and Future
Reliving the Past
The Discovery of Childhood
A Separate Legal System for Youths
Juvenile Justice Reform and the Erosion of Parens Patriae
Recognizing Nondelinquents and Diversity in Juvenile Courts
A Juvenile Crime Wave?
The Dual Path of Juvenile Justice
A Look at the Present
The Current State of the Juvenile Court and the Juvenile Justice System
Some Current Issues and Trends
Public Opinion and Pendulum Shifts
A Glimpse of the Future
Females and Juvenile Justice
Reinventing Juvenile Probation
Five Themes and Trends in State Laws Targeting Serious Crimes Committed by Juveniles
A Juvenile Justice System for This Century
Summary
Review Questions
Key Terms and Definitions
For Further Research
U.S. Supreme Court Decisions in Juvenile Justice
Where State Juvenile Laws Are Found
Finding and Interpreting Court Cases
Glossary
Notes
Index
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