The Gault Case and Young People's Rights PDF Download

Author: Laura Cohen
Publisher: Enslow Publishing
ISBN: 9780766024762
Category : Children
Languages : en
Pages : 0

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Book Description
Discusses the 1968 case of 15-year-old Gerald Gault, how his case made it through the courts, what the Supreme Court decided, and the impact this has had on children's rights.

Author: David S. Tanenhaus
Publisher: University Press of Kansas
ISBN: 0700625046
Category : Law
Languages : en
Pages : 192

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Book Description
This new edition upon the 50th anniversary of In re Gault includes expanded coverage of the Roberts Court’s juvenile justice decisions including Miller v. Alabama; explains how disregard for children’s constitutional rights led to the “Kids for Cash” scandal in Pennsylvania; new legal developments in the Gault case; and, updates the bibliography and chronology. When fifteen-year-old Gerald Gault of Globe, Arizona, allegedly made an obscene phone call to a neighbor, he was arrested by the local police, tried in a proceeding that did not require his accuser’s testimony, and sentenced to six years in a juvenile “boot camp”—for an offense that would have cost an adult only two months. Even in a nation fed up with juvenile delinquency, that sentence seemed excessive and inspired a spirited defense on Gault’s behalf. Led by Norman Dorsen, the ACLU ultimately took Gault’s case to the Supreme Court and in 1967 won a landmark decision authored by Justice Abe Fortas. Widely celebrated as the most important children’s rights case of the twentieth century, In re Gault affirmed that children have some of the same rights as adults and formally incorporated the Fourteenth Amendment’s due process protections into the administration of the nation’s juvenile courts.

Author: Stuart Aitken
Publisher: Routledge
ISBN: 1315519232
Category : Science
Languages : en
Pages : 320

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Book Description
Concern is growing about children’s rights and the curtailment of those rights through the excesses of neoliberal governance. This book discusses children’s spatial and citizenship rights, and the ways young people and their families push against diminished rights. Armed initially with theoretical concerns about the construction of children through the political status quo and the ways youth rights are spatially segregated, the book begins with a disarmingly simple supposition: Young people have the right to make and remake their spaces and, as a consequence, themselves. This book de-centers monadic ideas of children in favor of a post-humanist perspective, which embraces the radical relationality of children as more-than-children/more-than-human. Its empirical focus begins with the struggles of Slovenian Izbrisani (‘erased’) youth from 1992 to the present day and reaches out to child rights and youth activists elsewhere in the world with examples from South America, Eastern Europe and the USA. The author argues that universal child rights have not worked and pushes for a more radical, sustainable ethics, which dares to admit that children’s humanity is something more than we, as adults, can imagine. Chapters in this groundbreaking contribution will be of interest to students, researchers and practitioners in the social sciences, humanities and public policy.

Author: Soo Ah Kwon
Publisher: Duke University Press
ISBN: 0822354233
Category : Social Science
Languages : en
Pages : 182

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Book Description
In Uncivil Youth, Soo Ah Kwon explores youth of color activism as linked to the making of democratic citizen-subjects. Focusing attention on the relations of power that inform the social and political practices of youth of color, Kwon examines how after-school and community-based programs are often mobilized to prevent potentially "at-risk" youth from turning to "juvenile delinquency" and crime. These sorts of strategic interventions seek to mold young people to become self-empowered and responsible citizens. Theorizing this mode of youth governance as "affirmative governmentality," Kwon investigates the political conditions that both enable youth of color to achieve meaningful change and limit their ability to do so given the entrenchment of nonprofits in the logic of a neoliberal state. She draws on several years of ethnographic research with an Oakland-based, panethnic youth organization that promotes grassroots activism among its second-generation Asian and Pacific Islander members (ages fourteen to eighteen). While analyzing the contradictions of the youth organizing movement, Kwon documents the genuine contributions to social change made by the young people with whom she worked in an era of increased youth criminalization and anti-immigrant legislation.

Author: Anne M. Corbin
Publisher: SIU Press
ISBN: 0809336642
Category : Law
Languages : en
Pages : 242

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Book Description
"Author Anne M. Corbin examines the unique role of defense counsel in juvenile courts, demonstrating the commonplace presence of role conflict, even among defenders in jurisdictions that clearly define this role, and showing the nature, extent, and impact of that role conflict on juvenile justice system stakeholders, processes, and policy"--

Author: Gary B. Melton
Publisher: Psychology Press
ISBN: 9780866561051
Category : Child welfare
Languages : en
Pages : 166

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Book Description
Legal and behavioral science scholars examine the significance of the recent changes in laws affecting child and youth services and the conflicts those changes have engendered. Providers of child and youth services now can have at their fingertips the most recent information on changes in the law related to consent to treatment by children, special education, child abuse policy, procedural reform in divorce custody resolution, and juvenile justice reform. Some of the timely issues addressed in this highly acclaimed volume include the fall of the rehabilitative ideal in the juvenile justice system, the increasing concern for juvenile's procedural rights, child custody disputes, and laws regulating educational and treatment services. Legal Reforms Affecting Child and Youth Services is an essential volume for providers of services in education, pediatrics, mental health, juvenile justice, and child welfare. The authors integrate legal analyses of key concepts with discussion of potential behavioral science contributions to formulation and implementation of legal reforms. In each instance, the implications of these reforms for service delivery systems are explored with attention to gaps in available research and ambiguities in the existing law.

Author: National Research Council
Publisher: National Academies Press
ISBN: 0309278937
Category : Law
Languages : en
Pages : 463

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Book Description
Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.

Author: Eric L Jensen
Publisher: Bloomsbury Publishing
ISBN: 1847312853
Category : Law
Languages : en
Pages : 496

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Book Description
This volume brings together scholars and practitioners specialising in juvenile justice from the US, Europe, alongside scholars from Africa and Asia who are working on human rights issues in developing countries or countries in transition. The book thus presents two types of papers, the first being descriptive and analytical academic papers on whole systems of juvenile justice or certain parts thereof (e.g., aftercare, restorative justice, etc.). These topics are presented as essential for the development of new juvenile justice systems. The second group of papers deal with efforts to promote reform through international activity (PRI, DCI, DIHR), and through efforts to utilise modern theory in national reforms in developing countries (Malawi, Nepal, and Serbia) or in countries experiencing current or recent political and systemic changes or developments (South Africa, Germany, and Poland). The volume is also intended to throw light on recent trends in juvenile crime in various countries, the relationship between actual developments and popular and political perceptions and reactions to such developments, including the efforts to locate effective alternatives to the incarceration of young offenders. At the same time as the search for such alternatives is being intensified through international exchange and experimentation, the amelioration of harsh measures against juvenile law violators is often countered by political and public outcries for security and demonstrative public intervention against misbehavior. A streak of new moralism is clearly discernable as a counteracting force against more humane reform efforts. The volume throws light on developments in the actual parameters of juvenile offending, public and political demands for security and public intervention, and measures to provide interventions which are at the same time compatible with international human rights instruments.

Author: Jeffrey Fagan
Publisher: University of Chicago Press
ISBN: 9780226233802
Category : Family & Relationships
Languages : en
Pages : 472

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Book Description
Since the 1960s, recurring cycles of political activism over youth crime have motivated efforts to remove adolescents from the juvenile court. Periodic surges of crime—youth violence in the 1970s, the spread of gangs in the 1980s, and more recently, epidemic gun violence and drug-related crime—have spurred laws and policies aimed at narrowing the reach of the juvenile court. Despite declining juvenile crime rates, every state in the country has increased the number of youths tried and punished as adults. Research in this area has not kept pace with these legislative developments. There has never been a detailed, sociolegal analytic book devoted to this topic. In this important collection, researchers discuss policy, substantive procedural and empirical dimensions of waivers, and where the boundaries of the courts lie. Part 1 provides an overview of the origins and development of law and contemporary policy on the jurisdiction of adolescents. Part 2 examines the effects of jurisdictional shifts. Part 3 offers valuable insight into the developmental and psychological aspects of current and future reforms. Contributors: Donna Bishop, Richard Bonnie, M. A. Bortner, Elizabeth Cauffman, Linda Frost Clausel, Robert O. Dawson, Jeffrey Fagan, Barry Feld, Charles Frazier, Thomas Grisso, Darnell Hawkins, James C. Howell, Akiva Liberman, Richard Redding, Simon Singer, Laurence Steinberg, David Tanenhaus, Marjorie Zatz, and Franklin E. Zimring

Author: Ido Weijers
Publisher: Bloomsbury Publishing
ISBN: 1847314481
Category : Law
Languages : en
Pages : 224

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Book Description
The first special juvenile court was created in 1899. Since then,juvenile justice has had a chequered history, and is now more controversial than ever. Should our treatment of young offenders differ in its aims or principles from that of adult offenders? What role should ideas of punishment or retribution play? Should our aims be rehabilitative and educative rather than punitive? Should we divert young offenders from the criminal justice system altogether, opting for 'restorative' rather than 'retributive' justice? These questions are addressed in this inter-disciplinary volume, which brings together criminologists, educationalists, psychologists and philosophers. Part I traces the history of juvenile justice, identifying patterns, and signs of what the future might hold. Part II tackles fundamental normative issues of punishment, moral education and restoration, with particular emphasis on the role of communication. Part III attends to the role that such emotions as shame and guilt should play in juvenile justice, paying particular, and critical, attention to Braithwaite's conception of reintegrative shaming.