Youth Justice in America
- ISBN-10:
- 1483319164
- ISBN-13:
- 9781483319162
- Pub. Date:
- 07/28/2014
- Publisher:
- SAGE Publications
- ISBN-10:
- 1483319164
- ISBN-13:
- 9781483319162
- Pub. Date:
- 07/28/2014
- Publisher:
- SAGE Publications
Youth Justice in America
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Overview
Youth Justice in America, Second Edition, pulls you into informed discussions of the U.S. juvenile justice system and issues that directly affect you. It explores topics such as the rights of accused juveniles, search and seizure, self-incrimination and confession, right to appeal, and the death penalty for juveniles. Case studies from current, well-known events look at important questions such as: How should we balance liberty with the need for an ordered society? How do we enforce order while maintaining constitutional rights? Should juvenile and adult offenders be treated differently? Key Features, Updated cases deal with recent events, such as the killing of Trayvon Martin, court rulings on strip searches at school, life sentences without parole for juveniles, and electronic surveillance, "Dissenting Voices" sections provide context for minority judicial opinions. Photos, individual and class exercises, and sources for further reading enrich the presentation and help you key concepts.
Product Details
ISBN-13: | 9781483319162 |
---|---|
Publisher: | SAGE Publications |
Publication date: | 07/28/2014 |
Edition description: | New Edition |
Pages: | 348 |
Product dimensions: | 6.90(w) x 9.90(h) x 0.80(d) |
Table of Contents
Foreword x
Preface xii
About the Authors xiv
1 American Society, Crime, and the Constitution 1
The Constitution and Crime 5
"We the People" and the War on Drugs: Politicians and Their Families, Athletes, Entertainers 6
Criminal Justice: Not the End of the Story 9
The American System of Juvenile Justice 10
What Is the Juvenile justice System? 11
Why a Separate System for Juveniles? 11
Are Juveniles Different? American Society's View 13
Are juveniles Different? The Court's View 13
A Brief History of Juvenile Justice 14
What Happens in Juvenile Court? 17
Copping a Plea 18
D. L. v. State of Florida 20
Juvenile Detention 23
Juvenile Delinquency and Guilt 26
In the Interest of Jeffery Glassberg 27
When a Child Is Treated as an Adult Waiver to Adult Court 29
Judicial Review of Waiver to Adult Court 31
Kent v. United States 32
2 What Is Crime? 36
Constitutional Limits on Government's Power to Make Crimes 36
The Principle of Notice 37
The Principle of Harm 39
Lawrence v. Texas 40
The Structure of Criminal Laws 42
Theft Offenses 43
Offenses against Property 43
Offenses against the Person 44
Inchoate Crimes 45
Defenses 46
3 The Second Amendment, Youth, and Schools 50
The Second Amendment and Young People 50
History of the Second Amendment 50
The Meaning of the Second Amendment 50
District of Columbia v. Heller 52
The Second Amendment and Schools 61
4 Fourth Amendment: Protection from Unreasonable Searches and Seizures 65
The Right to Be Left Alone 65
The Exclusionary Rule 66
Reasonable Expectation of Privacy 68
Katz v. United States 70
Fourth Amendment Search 71
Constitutional Garbage 72
California v. Greenwood 73
Constitutional Baggage 76
Bond v. United States 77
Other Expectations of Privacy 79
Plane View 80
Copped Out 80
Non-Company Business 80
City Heat 81
Expectation of Privacy or Not? Search or Not? 82
United States v. Jones 84
What Is a Seizure? 89
Bad Bust Stop 90
The Free-to Leave Standard 90
United States v. Mendenhall 91
Seizure and Consent 93
Consent to Search 93
Florida v. Bostick 94
Seizures on the Street 97
California v. Hodari D. 98
Probable Cause and the Warrant Requirement 101
Probable Cause 102
Totality of Circumstances Test 103
Illinois v. Gates 103
The Warrant Requirement 107
5 Exceptions Swallow the Rule: Warrantless Searches 111
Exception 1 Emergency Circumstances-Hot Pursuit, Destruction of Evidence, and Public Safely 113
Exception 2 Plain View 116
Exception 3 Search Incident to an Arrest 118
Chimel v. California 118
Exception 4 Automobile Exception 120
Automobile Exception in Practice 122
The Problem with Pretext 124
Whren v. United Stales 125
Exception 5 Consensual Searches 128
In Re J. M., Appellant 128
Exception 6 Stop and Frisk 131
Terry v. Ohio 132
Refining the Definition of Reasonable Suspicion 138
Illinois v. Wardlow 138
A Reasonable Search 141
Realities of Reasonable Suspicion 142
Exclusionary Rule Review 146
6 School Searches 150
Search of Belongings 151
Standard for Searches 151
New Jersey v. T. L. O. 152
T.L.O. Review 158
Drug Testing and After School Activities 159
Vernonia School District v. Acton 159
Drug Testing for All Students? 167
Board of Education of Pottawatomie County v. Earls 167
Strip Searches 173
Safford Unified School District v. Redding 173
Metal Detectors and the Constitution 178
In Re Latasha W. 179
7 Fifth Amendment: Privilege against Self-Incrimination 182
The Screaming Eagle 183
Not Taking the Stand 184
The Purposes and Values Served by the Fifth Amendment 184
Protections against Self-Incrimination 186
The Miranda Case 188
Miranda v. Arizona 188
Juveniles and the Miranda Warnings 194
The Michael C. Case: Juvenile Waiver 195
Fare v. Michael C. 196
The Haley Case 200
What Is Custody? 201
J. D. B. v. North Carolina 202
Exercises: Custody or Not? 206
Answers: Custody or Not? 208
Pull Over, Jack 209
Ohio v. McCarty 209
What Is Interrogation? 212
Exercises: Interrogation or Not? 214
Answers: Interrogation or Not? 215
The Dangers of False Confession 216
8 Sixth Amendment: Right to Counsel 222
The Right to Legal Counsel 223
Role of Legal Counsel 223
Initial Meeting: Establishment of an Attorney-Client Relationship 224
Continuing Representation: Protection of Rights 225
Pretrial Duties: Investigation and Advice 225
Trial 226
Sentencing 226
Role of the Defense 228
Powell v. State of Alabama 229
Powell v. State of Alabama 230
Gideon v. Wainwright 234
Gideon v. Wainwright 236
Right to Counsel for Juveniles 239
The Case of Gerald Gault 239
Application of Gault et at 240
Juvenile Waiver of Right to Counsel 244
Right to Effective Counsel 246
Test of Ineffectiveness 247
Reality of Ineffective Counsel 248
A Quick Career Quiz 249
9 Cruel and Unusual Punishment 252
The Death Penalty Today 252
The Death Penalty and Juveniles 254
The Supreme Court and the Juvenile Death Penalty 254
Turning over a New Leaf? 255
Roper v. Simmons 256
Juveniles and Life Imprisonment without Parole 264
Graham v. Florida 265
Miller v. Alabama, Jackson v. Hobbs 271
10 The Future of Youth Justice 280
The Goals of Criminal Punishment 281
Record Prison Populations 282
First, Do No Harm: State Struggles with Record of Juvenile Injustice 283
Movement toward Decarceration 290
The Racial Dynamics of the Criminal Justice System 292
Felon and Ex-Felon Disenfranchisement 295
Gendered Offenders 296
Life in Prison without the Possibility of Parole 298
Appendix A The Case of Robert Jones 302
Appendix B Constitution of the United States 304
Appendix C Glossary 321
Appendix D Bibliography 328
Appendix E Marshall-Brennan Fellows 1999-2014 333
Index 341