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The Juvenile Justice System

Law and Process

Joseph B. Sanborn, Jr. and Anthony W. Salerno
Foreword by Donna Bishop

Publication Date - 07 October 2004

ISBN: 9780195330182

588 pages
7 x 10 inches

This compelling and accessible text explores the many differences between the juvenile justice and the criminal justice systems--both those that benefit youths and those that are arguably unfair to them.


Juvenile delinquency and juvenile justice are two essential topics in the criminal justice curriculum. Sanborn and Salerno's The Juvenile Justice System: Law and Process is dedicated solely to explaining juvenile justice.

This text explores the many differences between the juvenile justice and the criminal justice systems, both those that benefit youths and those that are arguably unfair to them. The book concentrates, describes, and explains the unique traits of juvenile justice and what makes it so different from criminal justice.

The Juvenile Justice System specifically addresses what actually happens during the court process, devoting an entire chapter to the adjudicatory hearing as well as all other major decision-making stages. A unique feature is its in-depth coverage of plea bargaining. Also featured are topics such as parental role in the juvenile justice system, school searches, and the origin of juvenile court.

Another unique benefit of this text is the Numbers section at the end of several chapters, detailing how many youths have been affected by various decisions made in the juvenile justice system (such as arrest, detention, transfer to adult court, adjudication, being placed on probation, or committed to residential placement). In addition, the appendices identify juvenile justice standards for all 50 states and Washington, DC, as well as the federal jurisdiction. These standards apply to all decisions made within the juvenile justice system, including arrest, detention, diversion, intake, transfer, adjudication, disposition, and postdispositional stages.

The text is written in a conversational, reader-friendly style. Each chapter describes and analyzes, step by step, what young alleged offenders experience in each successive stage of the court process. For each chapter, outlines of key terms and concepts aid student comprehension and serve as a starting point for class discussion. Each chapter also features discussion questions designed to stimulate students' critical thinking.

A comprehensive Instructor's Manual/Testing Program and an interactive Student Study Guide are available.

Table of Contents

    Section I: A History of Juvenile Justice in the United States
    Chapter 1: Putting Juvenile Justice Into Context
    Some Preliminary Distinctions
    Models or Philosophies of Juvenile Justice
    Impact of the Rehabilitation Model
    The Varied Purposes of Juvenile Justice
    The Terminology Differentiation
    Chapter 2: Historical Development of Juvenile Justice
    Quakers' Reform Efforts in the Nineteenth Century
    Houses of Refuge
    Legal Foundation for the Houses of Refuge
    Reformatories and Separate Trial Dockets
    The Emergence of the Juvenile Court
    The Legal Foundation of Juvenile Court
    The Reasons Juvenile Defendants Had No Rights in Juvenile Court
    The Juvenile Justice System, 1899-1967: An Overview
    Chapter 3: United States Supreme Court Intervention: The Legal Framework of Juvenile Justice
    The Need for Changes in Juvenile Court Procedures
    Establishing the Legal Framework of Juvenile Justice in Kent v. U.S.
    In re Gault and the Modification of Juvenile Court Procedure
    Putting Gault and the Legal Framework Into Context
    In re Winship and the Burden of Proof
    McKeiver v. Pennsylvania and the Right to Jury Trial
    Breed v. Jones and Trial in Both Juvenile and Adult Court
    The Overall Result of the Legal Framework
    Section II: The Nature of Juvenile Misbehavior
    Chapter 4: Juvenile Court Jurisdiction
    Factors Influencing Jurisdiction
    Juvenile Delinquency
    Status Offenses
    Mandatory Exclusion
    Chapter 5: Measuring Juvenile Crime
    Measuring Juvenile Delinquency
    Uniform Crime Reports
    Victimization Surveys
    Self-Report Surveys
    Validation of SRS
    Cohort Studies
    Evaluating Measures of Juvenile Delinquency
    Age and Delinquency
    Gender and Delinquency
    Race and Delinquency
    Social Class and Delinquency
    Juveniles Preying on Juveniles: Juveniles as Victims
    Chapter 6: Patterns of Juvenile Crime
    Considering Patterns
    Crime in the Schools
    Juvenile Violent Crime
    Serious Violent Juveniles (SVJ)
    Section III: The Gatekeepers of Juvenile Justice
    Chapter 7: Policing Juveniles
    Policing: The Underdeveloped Component
    Unique Police Service and Prevention Roles
    Juveniles' Attitudes Toward Police
    Community-Oriented Policing
    Curfew Laws
    Detecting Youth Misbehavior
    Field Investigations and Stops and Frisks
    The Decision Not to Arrest a Youth
    Grounds and Evidence for Arrest (Taking Into Custody)
    Factors That Can Affect the Decision to Arrest
    Procedures Following Arrest
    Search and Seizure and Interrogation
    Fingerprints and Photographs
    Other Identification Measures
    The Decision to Refer the Case to Juvenile Court
    Chapter 8: The Juvenile Court Personnel
    A Unique Place to Work
    The Prosecutor
    The Defense Attorney
    The Judge
    Referees and Masters
    Probation Officers
    Parents and Victims
    Personnel Overview
    Chapter 9: The Intake Process
    Intake Objectives
    POs as Intake Workers
    The Uniqueness of Intake
    Intake Options
    Intake Decision Making
    The Essence of Diversion
    Failure, Successful Completion, and Impact of Diversion
    Modern Aspects of Diversion
    Research on Who Is Diverted
    The Formal Prosecution Option
    The Numbers at Intake
    Section IV: The Juvenile Court: The Preliminary Stages
    Chapter 10: Detention
    POs as the Gatekeepers to Detention
    Humane Detention
    The Detention Alternative Movement
    Detention Settings
    Juveniles in Jail
    Juveniles Eligible for Detention
    Detention Research
    Risks (and Needs) Assessment
    Detention Hearing
    Constitutional Rights at the Detention Hearing
    The Need to Detain
    Release Conditions
    Addressing the Charges at Detention
    The Numbers at Detention
    Expedited Trial Date for Detention Cases
    Potential Unique Aspects of Juvenile Detention
    Chapter 11: The Pretrial Stage
    An Underdeveloped Stage
    Pretrial Issues
    Informal Resolutions
    Plea Bargaining
    Non-negotiated Guilty Pleas
    The Pleading Guilty Process
    Heading to Transfer or to an Adjudicatory Hearing
    Chapter 12: Transfer to Adult Court
    The Prospect of Self-Transfer
    The What of Transfer
    The Why of Transfer
    The When of Transfer
    The How (or Types) of Transfer: Judicial and Prosecutorial
    The First Stage of Judicial Transfer: The Probable Cause Hearing
    The Second Stage of Judicial Transfer: The Amenability Hearing
    Prosecutorial Transfer
    Current Standards in Judicial and Prosecutorial Transfer
    The Extent of Transfer to Adult Court
    Research on Transfer to Adult Court
    Reverse Transfer: Sending the Youth Back to Juvenile Court
    Transfer to Juvenile Court's Second Tier
    The Juvenile's Future in Criminal Court
    Youthful Offender Sentencing in Criminal Court
    Use of the Juvenile Court Record in Criminal Court Sentencing
    Research on Adult Court Sentencing of Juveniles
    Some Numbers on Youth Convicted and Sentenced in Criminal Court
    Section V: Juvenile Court's Trial and Sentencing Stages
    Chapter 13: The Adjudicatory Hearing
    Prosecutorial Case Preparation
    The Right to Counsel in Juvenile Court
    Waiving the Right to Counsel
    The Nature of Defense Representation in Juvenile Court
    Defense Case Preparation
    The Right to a Speedy Trial in Juvenile Court
    Listing the Case for an Adjudicatory Hearing
    Using Masters or Referees to Conduct the Adjudicatory Hearing
    The Nature of Judicial Decision Making in Juvenile Court
    The Private Versus Public Adjudicatory Hearing
    The Nature of the Adjudicatory Hearing
    The Adjudicatory Hearing for Detained Youth
    Some Unique Aspects of the Adjudicatory Hearing
    The Numbers at Adjudication
    Chapter 14: The Disposition Hearing
    The Timing of Disposition
    The Participants at Disposition
    The Youth's Rights at Disposition
    The Predisposition Report
    Situational Factors That Can Affect Disposition
    The Pandora's Box of Dispositional Factors
    Research Into Factors Affecting Disposition
    Dispositional Options in Juvenile Court
    The Probation Disposition
    The Disposition Ladder
    The Commitment Disposition
    Differentiated Sentencing
    Mandatory and Minimum Sentences
    Sentencing the Parents
    The Numbers at Disposition
    Chapter 15: Postdisposition Hearings and Matters in Juvenile Court
    The Right to Appeal
    Postdisposition Hearings
    The Nonconfidential Juvenile Court Record
    Sealing and Expunging Juvenile Court Records
    Section VI: Community and Institutional Corrections in Juvenile Justice
    Chapter 16: Prevention and Treatment in the Community
    Community Corrections and Juvenile Justice
    Juvenile Probation
    Teen Courts
    Juvenile Drug Courts
    Juveniles in Community Correctional Programs
    Prevention Programs
    The Family
    Postadjudication Programs
    Best Practices for Probation and Community Corrections
    Restorative Justice
    Juvenile Gun Courts
    Intensive Aftercare Program
    The Numbers at Probation
    Chapter 17: Juvenile Institutions
    Putting Juvenile Institutions Into Context
    Juvenile Detention
    Boot Camps
    Overview of Juvenile Incarceration
    Hidden Juvenile Corrections
    Privatizing Juvenile Corrections
    Institutional Program Models
    Best Practices for Education and Rehabilitation in Juvenile Corrections
    Disproportionate Minority Confinement
    The Institutional Subculture
    Incarcerated Girls
    The Right to Treatment
    Protecting the Rights of Incarcerated Juveniles
    Conditions in Juvenile Corrections
    The Numbers at Juvenile Corrections
    The Costs of Juvenile Corrections
    Release From Incarceration
    Section VII: Future Directions in Juvenile Justice
    Chapter 18: The Future of Juvenile Court
    Putting the History of Juvenile Justice Into Context: The Three Major Themes
    Putting the Future of Juvenile Court Into Context
    Factors Affecting the Future
    Probable Developments
    Concluding Remarks: Abolish or Retain Juvenile Court?
    Court Cases
    Informative Websites
    Subject Index
    Name Index
    Case Index

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