Ted Gest
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195103434
- eISBN:
- 9780199833887
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195103432.003.0006
- Subject:
- Political Science, American Politics
Violent crime is committed disproportionately by young men, but government never has conducted a coherent, aggressive campaign against serious juvenile delinquency. The fragmentation has been evident ...
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Violent crime is committed disproportionately by young men, but government never has conducted a coherent, aggressive campaign against serious juvenile delinquency. The fragmentation has been evident since the late 1960s, when federal authority was divided between health and justice agencies. A 1974 law created a federal Office of Juvenile Justice and Delinquency Prevention (OJJDP) to take charge. The law set progressive standards, but the administration of Ronald Reagan tried to kill the agency in the early 1980s and downgraded it after Congress refused to end funding. The Reagan Justice Department did forge an alliance with the MacArthur Foundation to start a long‐term study of juvenile crime's causes. Meanwhile, a steady increase in arrests of juveniles prompted to require that more teen suspects be tried in adult courts, even when studies showed the tactic ineffective in preventing repeat criminality. Congressional Republicans helped enact a large “juvenile accountability” program designed to provide federal aid to programs that got tough on young lawbreakers. Some measures failed on a broad scale, such as ‘boot camps’ aimed at instilling more discipline in delinquents. Despite many promising crime prevention programs, the Congress under Republicans control starting in 1995 generally refused to fund them. Juvenile crime arrests declined sharply since the mid‐1990s, but there was no solid proof of what caused the change, whether government programs, the improved economy, or a lower number of teens in the population.Less
Violent crime is committed disproportionately by young men, but government never has conducted a coherent, aggressive campaign against serious juvenile delinquency. The fragmentation has been evident since the late 1960s, when federal authority was divided between health and justice agencies. A 1974 law created a federal Office of Juvenile Justice and Delinquency Prevention (OJJDP) to take charge. The law set progressive standards, but the administration of Ronald Reagan tried to kill the agency in the early 1980s and downgraded it after Congress refused to end funding. The Reagan Justice Department did forge an alliance with the MacArthur Foundation to start a long‐term study of juvenile crime's causes. Meanwhile, a steady increase in arrests of juveniles prompted to require that more teen suspects be tried in adult courts, even when studies showed the tactic ineffective in preventing repeat criminality. Congressional Republicans helped enact a large “juvenile accountability” program designed to provide federal aid to programs that got tough on young lawbreakers. Some measures failed on a broad scale, such as ‘boot camps’ aimed at instilling more discipline in delinquents. Despite many promising crime prevention programs, the Congress under Republicans control starting in 1995 generally refused to fund them. Juvenile crime arrests declined sharply since the mid‐1990s, but there was no solid proof of what caused the change, whether government programs, the improved economy, or a lower number of teens in the population.
Shannon A. Moore and Richard C. Mitchell
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199652501
- eISBN:
- 9780191739217
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199652501.003.0014
- Subject:
- Law, Family Law, Human Rights and Immigration
This chapter presents selected preliminary findings from an exploratory, qualitative study that began in 2008 utilizing grounded theory, analytical and methodological procedures to investigate ...
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This chapter presents selected preliminary findings from an exploratory, qualitative study that began in 2008 utilizing grounded theory, analytical and methodological procedures to investigate Canada's compliance with alternative standards for juvenile justice found within numerous United Nations frameworks. This chapter's authors' research aim was twofold: first, to uncover barriers to compliance and secondly, to identify mechanisms to address these impediments. The analytical focus of the study relied on the concept of ‘rights-based restorative justice’, one that integrates the core principles of the UN Convention on the Rights of the Child and those found within the Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters. Data were organized by contextualizing current statutory and local practices of rights-based restorative justice programming across the country within international legal frameworks, by constant comparison of data to data and data to literature, and by presenting thematic findings elicited from eight key informant interviews through salient quotes.Less
This chapter presents selected preliminary findings from an exploratory, qualitative study that began in 2008 utilizing grounded theory, analytical and methodological procedures to investigate Canada's compliance with alternative standards for juvenile justice found within numerous United Nations frameworks. This chapter's authors' research aim was twofold: first, to uncover barriers to compliance and secondly, to identify mechanisms to address these impediments. The analytical focus of the study relied on the concept of ‘rights-based restorative justice’, one that integrates the core principles of the UN Convention on the Rights of the Child and those found within the Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters. Data were organized by contextualizing current statutory and local practices of rights-based restorative justice programming across the country within international legal frameworks, by constant comparison of data to data and data to literature, and by presenting thematic findings elicited from eight key informant interviews through salient quotes.
Michael G. Vaughn, Carrie Pettus-Davis, and Jeffrey J. Shook
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199782857
- eISBN:
- 9780199949663
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199782857.001.0001
- Subject:
- Social Work, Research and Evaluation, Communities and Organizations
The growth of the criminal justice system poses a number of significant problems that require ongoing research efforts by scholars across multiple disciplines. Despite the impact that the criminal ...
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The growth of the criminal justice system poses a number of significant problems that require ongoing research efforts by scholars across multiple disciplines. Despite the impact that the criminal justice system has on client populations served by social workers and related professions, there are few practical sources available to guide research in these settings. Conducting Research in Juvenile and Criminal Justice Settings: Strategies and Issues fills this gap and represents a cutting-edge yet user friendly book that will be of interest not only to researchers but also to graduate students and agency administrators. This book covers major issues in conducting field research with adults and juveniles and using extant and administrative data sources on criminal justice populations. In particular, the chapters explore the many challenges that often arise in criminal justice settings and offer practical strategies to issues such as how to gain and maintain IRB approval, how to manage a project across multiple agencies, courts, and institutions, and how to maintain relationships with key stakeholders. Furthermore, discussion of issues related to planning a research project in adult and juvenile justice settings, including research designs, recruitment, and retention, are delineated. An extensive bibliographic description of data sources, case studies, and research forms and letters is included.Less
The growth of the criminal justice system poses a number of significant problems that require ongoing research efforts by scholars across multiple disciplines. Despite the impact that the criminal justice system has on client populations served by social workers and related professions, there are few practical sources available to guide research in these settings. Conducting Research in Juvenile and Criminal Justice Settings: Strategies and Issues fills this gap and represents a cutting-edge yet user friendly book that will be of interest not only to researchers but also to graduate students and agency administrators. This book covers major issues in conducting field research with adults and juveniles and using extant and administrative data sources on criminal justice populations. In particular, the chapters explore the many challenges that often arise in criminal justice settings and offer practical strategies to issues such as how to gain and maintain IRB approval, how to manage a project across multiple agencies, courts, and institutions, and how to maintain relationships with key stakeholders. Furthermore, discussion of issues related to planning a research project in adult and juvenile justice settings, including research designs, recruitment, and retention, are delineated. An extensive bibliographic description of data sources, case studies, and research forms and letters is included.
Franklin E. Zimring
- Published in print:
- 2005
- Published Online:
- May 2012
- ISBN:
- 9780195181166
- eISBN:
- 9780199943302
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195181166.003.0052
- Subject:
- Sociology, Law, Crime and Deviance
This chapter identifies some of the key policy choices that must be made in reducing injustices found in American juvenile courts. It argues that reducing the hazards of juvenile court processing may ...
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This chapter identifies some of the key policy choices that must be made in reducing injustices found in American juvenile courts. It argues that reducing the hazards of juvenile court processing may be a better approach to protecting minority youth than just trying to reduce the proportion of juvenile court cases with minority defendants. The chapter is organized into two sections. The first section concerns the conceptual equipment necessary to assess the impact of legal policies on minority populations. The second section attempts to apply the apparatus developed in the first section to discuss recent chapters in juvenile justice law reform: changes in transfer policy, the deinstitutionalization of status offenders, and the embrace of diversion programs.Less
This chapter identifies some of the key policy choices that must be made in reducing injustices found in American juvenile courts. It argues that reducing the hazards of juvenile court processing may be a better approach to protecting minority youth than just trying to reduce the proportion of juvenile court cases with minority defendants. The chapter is organized into two sections. The first section concerns the conceptual equipment necessary to assess the impact of legal policies on minority populations. The second section attempts to apply the apparatus developed in the first section to discuss recent chapters in juvenile justice law reform: changes in transfer policy, the deinstitutionalization of status offenders, and the embrace of diversion programs.
Geoff K. Ward
- Published in print:
- 2012
- Published Online:
- February 2013
- ISBN:
- 9780226873169
- eISBN:
- 9780226873190
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226873190.003.0009
- Subject:
- Sociology, Race and Ethnicity
This chapter provides an account of this paradoxical and tragic reformulation of racial oppression and domination in the post-civil rights period. Formal integration reconfigured black youth ...
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This chapter provides an account of this paradoxical and tragic reformulation of racial oppression and domination in the post-civil rights period. Formal integration reconfigured black youth opportunity and community influence in American juvenile justice, but it failed to institutionalize racially democratic control. Instead, subsequent cultural and institutional changes related to a more general late-twentieth-century retraction of the liberal welfare state drained the progressive utility of integration, reducing black youth and community incorporation to more symbolic forms of inclusion. In contemporary juvenile justice, the “accountability movement” reconfigured the social contractual terms of juvenile justice and the organization of decision-making in juvenile justice in ways that undermined the potential for racially democratic control.Less
This chapter provides an account of this paradoxical and tragic reformulation of racial oppression and domination in the post-civil rights period. Formal integration reconfigured black youth opportunity and community influence in American juvenile justice, but it failed to institutionalize racially democratic control. Instead, subsequent cultural and institutional changes related to a more general late-twentieth-century retraction of the liberal welfare state drained the progressive utility of integration, reducing black youth and community incorporation to more symbolic forms of inclusion. In contemporary juvenile justice, the “accountability movement” reconfigured the social contractual terms of juvenile justice and the organization of decision-making in juvenile justice in ways that undermined the potential for racially democratic control.
Rolf Loeber and David P. Farrington (eds)
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199828166
- eISBN:
- 9780199951208
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199828166.001.0001
- Subject:
- Sociology, Law, Crime and Deviance
Why do many juveniles stop offending when they grow up? Why are juvenile delinquents dealt with differently in the courts than adult criminals, and should young adults be dealt with differently than ...
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Why do many juveniles stop offending when they grow up? Why are juvenile delinquents dealt with differently in the courts than adult criminals, and should young adults be dealt with differently than older adults? And what is special about the 18th birthday when the jurisdiction of the juvenile justice system in most states and most European countries, offering protection and rehabilitation, ends and the more punitive and less rehabilitative criminal justice system for adults starts? Since most juveniles take longer than age 18 to mature and become less impulsive, what is a more realistic distinction between adolescence and adulthood and justice response to adolescents and young adults? These and many other questions pertaining to the transition between adolescence and adulthood are addressed in this volume. The volume is based on hundreds of scientific studies, which are summarized in 11 chapters. The chapters deal with criminal careers, particularly desistance from and persistence in offending, explanatory factors of persistence and desistance, such as, for example, early individual differences in self-control, brain maturation, social risk and protective factors, mental illnesses, changes in life circumstances, neighborhood factors, and juvenile justice response. The volume also highlights the best evaluated and cost-effective programs that prevent juveniles from becoming persistent offenders in adulthood, and reduce recidivism among known delinquents. Finally, the volume addresses the advantages and disadvantages of legislators increasing or decreasing the age of adulthood with an eye on improving public safety.Less
Why do many juveniles stop offending when they grow up? Why are juvenile delinquents dealt with differently in the courts than adult criminals, and should young adults be dealt with differently than older adults? And what is special about the 18th birthday when the jurisdiction of the juvenile justice system in most states and most European countries, offering protection and rehabilitation, ends and the more punitive and less rehabilitative criminal justice system for adults starts? Since most juveniles take longer than age 18 to mature and become less impulsive, what is a more realistic distinction between adolescence and adulthood and justice response to adolescents and young adults? These and many other questions pertaining to the transition between adolescence and adulthood are addressed in this volume. The volume is based on hundreds of scientific studies, which are summarized in 11 chapters. The chapters deal with criminal careers, particularly desistance from and persistence in offending, explanatory factors of persistence and desistance, such as, for example, early individual differences in self-control, brain maturation, social risk and protective factors, mental illnesses, changes in life circumstances, neighborhood factors, and juvenile justice response. The volume also highlights the best evaluated and cost-effective programs that prevent juveniles from becoming persistent offenders in adulthood, and reduce recidivism among known delinquents. Finally, the volume addresses the advantages and disadvantages of legislators increasing or decreasing the age of adulthood with an eye on improving public safety.
Christopher Slobogin and Mark R. Fondacaro
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199778355
- eISBN:
- 9780199895151
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199778355.001.0001
- Subject:
- Psychology, Forensic Psychology
First established at the end of the 19th century, the juvenile justice system has long been searching for an effective set of guiding principles. Over the last hundred years, through a series of ...
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First established at the end of the 19th century, the juvenile justice system has long been searching for an effective set of guiding principles. Over the last hundred years, through a series of piecemeal rulings, it has undergone an evolution from its original foundation on the rehabilitation model to the current “get-tough” system that increasingly treats juvenile offenders as adults. At present, there is no overarching theory or model of juvenile justice intervention in this nation or even in any given state. Juvenile justice policy is best characterized as a helter-skelter array, inconsistent across jurisdictions, with no overarching theoretical framework providing guidance. Indeed, the field is desperately in need of a coherent model to serve as a guide to policymaking. In recent years, substantial gains have been made in the relevant knowledge on juveniles and offender treatment. We know more about the cognition and functioning of minors generally, and juvenile offenders specifically, as well as about how they respond to different types of interventions. Public attitudes have softened since the height of the “get-tough” era, and many policymakers are open to new ideas as they recognize that the current system just isn't effective. This book presents a vision for a new juvenile justice system, founded on the evidence at hand and promoting the principles of rehabilitation and reintegration into society. The book develops its own juvenile justice policy proposals effectively by carefully addressing the problems with past policy approaches and recent theoretical contributions, the science underlying the new perspective to be elucidated in the book, and how that science informs the book's perspective. Most helpfully, it provides a detailed description of the proposed new model along with discussion of the procedural rules that should accompany its implementation, and articulation of the way in which the model would work in practice.Less
First established at the end of the 19th century, the juvenile justice system has long been searching for an effective set of guiding principles. Over the last hundred years, through a series of piecemeal rulings, it has undergone an evolution from its original foundation on the rehabilitation model to the current “get-tough” system that increasingly treats juvenile offenders as adults. At present, there is no overarching theory or model of juvenile justice intervention in this nation or even in any given state. Juvenile justice policy is best characterized as a helter-skelter array, inconsistent across jurisdictions, with no overarching theoretical framework providing guidance. Indeed, the field is desperately in need of a coherent model to serve as a guide to policymaking. In recent years, substantial gains have been made in the relevant knowledge on juveniles and offender treatment. We know more about the cognition and functioning of minors generally, and juvenile offenders specifically, as well as about how they respond to different types of interventions. Public attitudes have softened since the height of the “get-tough” era, and many policymakers are open to new ideas as they recognize that the current system just isn't effective. This book presents a vision for a new juvenile justice system, founded on the evidence at hand and promoting the principles of rehabilitation and reintegration into society. The book develops its own juvenile justice policy proposals effectively by carefully addressing the problems with past policy approaches and recent theoretical contributions, the science underlying the new perspective to be elucidated in the book, and how that science informs the book's perspective. Most helpfully, it provides a detailed description of the proposed new model along with discussion of the procedural rules that should accompany its implementation, and articulation of the way in which the model would work in practice.
Charlotte Lyn Bright, James Herbert Williams, and Granger Petersen
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195369595
- eISBN:
- 9780199865215
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195369595.003.0004
- Subject:
- Social Work, Crime and Justice
It has been posited that the juvenile justice system was designed around the needs of boys, who traditionally have constituted the majority juvenile court-involved population. As girls have become a ...
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It has been posited that the juvenile justice system was designed around the needs of boys, who traditionally have constituted the majority juvenile court-involved population. As girls have become a larger and better understood minority in this system, however, scholarship has begun to recognize their specific pathways and needs. Chapter 4 focuses on gender and violent offending, emphasizing the most recent empirical evidence on similarities and differences in boys’ and girls’ violent behavior. The chapter addresses the following questions: What proportion of violent crimes do male and female youth commit? Are boys and girls becoming more or less violent? Why do youth behave violently in the first place, and why do girls seem to be less violent than boys? What can protect boys and girls from committing violent behavior? How do race, ethnicity, and gender impact violence and the juvenile justice system’s response to it? What are the potential young adult outcomes of violence among girls? Finally, what can we do about boys’ and girls’ violence, and what do we still need to learn in order to respond to appropriately?Less
It has been posited that the juvenile justice system was designed around the needs of boys, who traditionally have constituted the majority juvenile court-involved population. As girls have become a larger and better understood minority in this system, however, scholarship has begun to recognize their specific pathways and needs. Chapter 4 focuses on gender and violent offending, emphasizing the most recent empirical evidence on similarities and differences in boys’ and girls’ violent behavior. The chapter addresses the following questions: What proportion of violent crimes do male and female youth commit? Are boys and girls becoming more or less violent? Why do youth behave violently in the first place, and why do girls seem to be less violent than boys? What can protect boys and girls from committing violent behavior? How do race, ethnicity, and gender impact violence and the juvenile justice system’s response to it? What are the potential young adult outcomes of violence among girls? Finally, what can we do about boys’ and girls’ violence, and what do we still need to learn in order to respond to appropriately?
Christopher Slobogin and Mark R. Fondacaro
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199778355
- eISBN:
- 9780199895151
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199778355.003.0003
- Subject:
- Psychology, Forensic Psychology
This chapter argues that the empirical facts about juvenile offending and intervention programs described in Chapter 2 most directly bolster the individual prevention vision of juvenile justice while ...
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This chapter argues that the empirical facts about juvenile offending and intervention programs described in Chapter 2 most directly bolster the individual prevention vision of juvenile justice while providing only a modicum of support for the rehabilitation and retribution visions. It first shows why the rehabilitation model is flawed. It then does the same for the retribution models, focusing primarily on the diminished retribution variant, which has gained considerable support among policy makers. Finally, the chapter presents a positive case for the individual prevention model, from both theoretical and pragmatic perspectives.Less
This chapter argues that the empirical facts about juvenile offending and intervention programs described in Chapter 2 most directly bolster the individual prevention vision of juvenile justice while providing only a modicum of support for the rehabilitation and retribution visions. It first shows why the rehabilitation model is flawed. It then does the same for the retribution models, focusing primarily on the diminished retribution variant, which has gained considerable support among policy makers. Finally, the chapter presents a positive case for the individual prevention model, from both theoretical and pragmatic perspectives.
Christopher Slobogin and Mark R. Fondacaro
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199778355
- eISBN:
- 9780199895151
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199778355.003.0004
- Subject:
- Psychology, Forensic Psychology
This chapter provides a detailed description of what a preventive system of juvenile justice would look like. The chapter also presents case studies that allow comparison between the rehabilitative, ...
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This chapter provides a detailed description of what a preventive system of juvenile justice would look like. The chapter also presents case studies that allow comparison between the rehabilitative, individual prevention, and retributive regimes. The individual prevention system would be administrative rather than criminal in nature and would rely on modern risk-assessment and risk-management techniques. In further contrast to the current system, it would not permit transfer to adult courts.Less
This chapter provides a detailed description of what a preventive system of juvenile justice would look like. The chapter also presents case studies that allow comparison between the rehabilitative, individual prevention, and retributive regimes. The individual prevention system would be administrative rather than criminal in nature and would rely on modern risk-assessment and risk-management techniques. In further contrast to the current system, it would not permit transfer to adult courts.
Christopher Slobogin and Mark R. Fondacaro
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199778355
- eISBN:
- 9780199895151
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199778355.003.0005
- Subject:
- Psychology, Forensic Psychology
This chapter presents a framework for reconceptualizing due process in juvenile justice with the ultimate aim of striking an optimal balance between fairness, accuracy, and efficiency in handling ...
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This chapter presents a framework for reconceptualizing due process in juvenile justice with the ultimate aim of striking an optimal balance between fairness, accuracy, and efficiency in handling delinquency cases. The first part recaps the procedural history of the juvenile court. Its primary message is that the Supreme Court's procedural reform of the juvenile justice system was based on the Due Process Clause and general principles of fundamental fairness, which leaves the door open to flexible approaches to juvenile justice procedure. The second part then plumbs developments in the broader constitutional jurisprudence of procedure, particularly in the administrative and civil law arenas, which enthusiastically endorse a flexible view of due process. With the legal groundwork laid for the proposition that juvenile justice procedure can be rethought, the third part summarizes research on “procedural justice,” which suggests that the adversarial model of procedure is not necessarily the most “just” model, whether viewed from a subjective or objective perspective. The chapter closes with a discussion of the implications of this research, and a proposal that due process in juvenile justice be reconceptualized in a way that allows empirical research and a performance-based management system to identify those procedures that best promote fairness, accuracy, and efficiency.Less
This chapter presents a framework for reconceptualizing due process in juvenile justice with the ultimate aim of striking an optimal balance between fairness, accuracy, and efficiency in handling delinquency cases. The first part recaps the procedural history of the juvenile court. Its primary message is that the Supreme Court's procedural reform of the juvenile justice system was based on the Due Process Clause and general principles of fundamental fairness, which leaves the door open to flexible approaches to juvenile justice procedure. The second part then plumbs developments in the broader constitutional jurisprudence of procedure, particularly in the administrative and civil law arenas, which enthusiastically endorse a flexible view of due process. With the legal groundwork laid for the proposition that juvenile justice procedure can be rethought, the third part summarizes research on “procedural justice,” which suggests that the adversarial model of procedure is not necessarily the most “just” model, whether viewed from a subjective or objective perspective. The chapter closes with a discussion of the implications of this research, and a proposal that due process in juvenile justice be reconceptualized in a way that allows empirical research and a performance-based management system to identify those procedures that best promote fairness, accuracy, and efficiency.
Judah Schept
- Published in print:
- 1942
- Published Online:
- May 2016
- ISBN:
- 9781479810710
- eISBN:
- 9781479802821
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479810710.003.0005
- Subject:
- Sociology, Law, Crime and Deviance
Chapter 4 looks at the discourses and practices of juvenile justice policy in the county. A new and large juvenile facility enjoyed substantial and passionate support in the community, including from ...
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Chapter 4 looks at the discourses and practices of juvenile justice policy in the county. A new and large juvenile facility enjoyed substantial and passionate support in the community, including from the few local leaders suspicious of or hesitant about the overall justice campus proposal. Through discourses of child saving, racialized notions of so-called real criminals inhabiting facilities outside of the city, and a belief in the capacity of the community to create benevolent institutions, local officials at once imagined an exceptional community capable of extraordinary incarceration and relied on racial and class tropes from prior eras to justify increased detention of youth. This chapter looks at the expansion of both institutional and non-institutional capacity for adjudicated youth as reflecting once again the work neoliberal punishment performs in structuring its own reproduction.Less
Chapter 4 looks at the discourses and practices of juvenile justice policy in the county. A new and large juvenile facility enjoyed substantial and passionate support in the community, including from the few local leaders suspicious of or hesitant about the overall justice campus proposal. Through discourses of child saving, racialized notions of so-called real criminals inhabiting facilities outside of the city, and a belief in the capacity of the community to create benevolent institutions, local officials at once imagined an exceptional community capable of extraordinary incarceration and relied on racial and class tropes from prior eras to justify increased detention of youth. This chapter looks at the expansion of both institutional and non-institutional capacity for adjudicated youth as reflecting once again the work neoliberal punishment performs in structuring its own reproduction.
Frieder Dünkel
- Published in print:
- 2015
- Published Online:
- March 2016
- ISBN:
- 9781479826537
- eISBN:
- 9781479838004
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479826537.003.0001
- Subject:
- Sociology, Law, Crime and Deviance
This chapter evaluates youth justice policies and practice in Europe from a comparative perspective. It focuses on tendencies in youth justice legislation and on the sentencing practice of ...
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This chapter evaluates youth justice policies and practice in Europe from a comparative perspective. It focuses on tendencies in youth justice legislation and on the sentencing practice of prosecutors and judges in youth courts. It also considers the traditional “welfare” and “justice” models of youth justice and how they have become intertwined in modern European practice. It questions the claim that a “new punitiveness” is the prevailing strategy, and draws attention to the practice of many youth justice systems, which seem to be fairly resistant to neoliberal policies. The chapter concludes that youth justice policy, as reflected in legislation and practice in the majority of European countries, has successfully resisted a punitive turn.Less
This chapter evaluates youth justice policies and practice in Europe from a comparative perspective. It focuses on tendencies in youth justice legislation and on the sentencing practice of prosecutors and judges in youth courts. It also considers the traditional “welfare” and “justice” models of youth justice and how they have become intertwined in modern European practice. It questions the claim that a “new punitiveness” is the prevailing strategy, and draws attention to the practice of many youth justice systems, which seem to be fairly resistant to neoliberal policies. The chapter concludes that youth justice policy, as reflected in legislation and practice in the majority of European countries, has successfully resisted a punitive turn.
Christopher Slobogin and Mark R. Fondacaro
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199778355
- eISBN:
- 9780199895151
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199778355.003.0001
- Subject:
- Psychology, Forensic Psychology
This chapter first sets out the purpose of the book, which is to explore whether the separate juvenile justice system should continue to exist and, if so, in what form. It proposes a reimagination of ...
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This chapter first sets out the purpose of the book, which is to explore whether the separate juvenile justice system should continue to exist and, if so, in what form. It proposes a reimagination of the legal basis for juvenile courts that facilitates their use as a way of ensuring that juvenile offenders end up on the right track rather than in prison. Four models of juvenile justice are discussed from a historical perspective. An overview of the subsequent chapters is also presented.Less
This chapter first sets out the purpose of the book, which is to explore whether the separate juvenile justice system should continue to exist and, if so, in what form. It proposes a reimagination of the legal basis for juvenile courts that facilitates their use as a way of ensuring that juvenile offenders end up on the right track rather than in prison. Four models of juvenile justice are discussed from a historical perspective. An overview of the subsequent chapters is also presented.
Mary Beloff and Máximo Langer
- Published in print:
- 2015
- Published Online:
- March 2016
- ISBN:
- 9781479826537
- eISBN:
- 9781479838004
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479826537.003.0005
- Subject:
- Sociology, Law, Crime and Deviance
This chapter provides an overview of the history of Latin American juvenile justice systems until today. The evolution of Latin American juvenile justice presents two crucial moments: (1) its ...
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This chapter provides an overview of the history of Latin American juvenile justice systems until today. The evolution of Latin American juvenile justice presents two crucial moments: (1) its creation at the beginning of the twentieth century with the importation of the American model of juvenile courts; and (2) its transformation in the past twenty-five years with the incorporation of international human rights law into domestic law. The chapter also assess whether the goal of juvenile justice of removing children and adolescents from criminal law has actually been put into action, and considers the recent wave of juvenile justice reforms in Latin America using the Chilean reform as a case study. The chapter shows that while the Chilean reform has brought more due process protections for deviant youth by reducing the percentage of juveniles in pretrial detention, it has likely substantially increased the absolute and relative levels of juvenile confinement.Less
This chapter provides an overview of the history of Latin American juvenile justice systems until today. The evolution of Latin American juvenile justice presents two crucial moments: (1) its creation at the beginning of the twentieth century with the importation of the American model of juvenile courts; and (2) its transformation in the past twenty-five years with the incorporation of international human rights law into domestic law. The chapter also assess whether the goal of juvenile justice of removing children and adolescents from criminal law has actually been put into action, and considers the recent wave of juvenile justice reforms in Latin America using the Chilean reform as a case study. The chapter shows that while the Chilean reform has brought more due process protections for deviant youth by reducing the percentage of juveniles in pretrial detention, it has likely substantially increased the absolute and relative levels of juvenile confinement.
N. Dickon Reppucci, Jessica R. Meyer, and Jessica Owen Kostelnik
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195380576
- eISBN:
- 9780199864508
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195380576.003.0008
- Subject:
- Psychology, Social Psychology
This chapter presents an overview of patterns of juvenile crime and school violence in the United States and then provides brief narrative histories of the development and impact of zero-tolerance ...
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This chapter presents an overview of patterns of juvenile crime and school violence in the United States and then provides brief narrative histories of the development and impact of zero-tolerance policies in our schools, and the conception and establishment of a rehabilitative juvenile justice system that today has become largely adversarial and punitive. These narrative histories are used to illuminate the loss of focus on individualized justice and accountability to the suppression of youth—especially lower socio-economic, ethnic minority youth.Less
This chapter presents an overview of patterns of juvenile crime and school violence in the United States and then provides brief narrative histories of the development and impact of zero-tolerance policies in our schools, and the conception and establishment of a rehabilitative juvenile justice system that today has become largely adversarial and punitive. These narrative histories are used to illuminate the loss of focus on individualized justice and accountability to the suppression of youth—especially lower socio-economic, ethnic minority youth.
James Herbert Williams, Charlotte Lyn Bright, and Granger Petersen
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195369595
- eISBN:
- 9780199865215
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195369595.003.0003
- Subject:
- Social Work, Crime and Justice
While researchers, practitioners, policy makers, and service providers ask increasingly for solutions to the enduring problems of youth violence, key issues have gone unaddressed. For example, ...
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While researchers, practitioners, policy makers, and service providers ask increasingly for solutions to the enduring problems of youth violence, key issues have gone unaddressed. For example, questions remain about the disparity in the prevalence of violence for African American adolescents. It is unclear whether risk and protective factors for violent behavior differ for youth of color as compared to White youth, although several theories suggest that African American youth may be socialized differently to the use and outcomes of violence. To the extent that differences in violence and associated variables are understood, researchers and practitioners will be positioned to more fully meet the needs of particularly vulnerable and marginalized groups. The purpose of Chapter 3 is to distill key race differences in violence, as well as the many risk and protective factors found in the literature. Theories that position race in the etiology of violence are reviewed. The chapter examines race and ethnic differences in the prevalence of violence as well as group variation in risk and protective factors for violence.Less
While researchers, practitioners, policy makers, and service providers ask increasingly for solutions to the enduring problems of youth violence, key issues have gone unaddressed. For example, questions remain about the disparity in the prevalence of violence for African American adolescents. It is unclear whether risk and protective factors for violent behavior differ for youth of color as compared to White youth, although several theories suggest that African American youth may be socialized differently to the use and outcomes of violence. To the extent that differences in violence and associated variables are understood, researchers and practitioners will be positioned to more fully meet the needs of particularly vulnerable and marginalized groups. The purpose of Chapter 3 is to distill key race differences in violence, as well as the many risk and protective factors found in the literature. Theories that position race in the etiology of violence are reviewed. The chapter examines race and ethnic differences in the prevalence of violence as well as group variation in risk and protective factors for violence.
Donna M. Bishop
- Published in print:
- 2005
- Published Online:
- March 2013
- ISBN:
- 9780226319889
- eISBN:
- 9780226319919
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226319919.003.0002
- Subject:
- Law, Family Law
Nationally, African Americans and Hispanic youths are arrested in numbers greatly disproportionate to their representation in the general population. Despite decades of research, there is no clear ...
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Nationally, African Americans and Hispanic youths are arrested in numbers greatly disproportionate to their representation in the general population. Despite decades of research, there is no clear consensus on why minority youths enter and penetrate the juvenile justice system at such disproportionate rates. Both public and academic discourses have tended to highlight two explanations: (1) minority overrepresentation reflects race and ethnic differences in the incidence, seriousness, and persistence of delinquent involvement (the “differential offending” hypothesis) and (2) overrepresentation is attributable to inequities—intended or unintended—in juvenile justice practice (the “differential treatment” hypothesis). This chapter reviews the research literature bearing on the second of these claims and, more specifically, explores the mechanisms through which race and ethnicity influence juvenile justice system responses.Less
Nationally, African Americans and Hispanic youths are arrested in numbers greatly disproportionate to their representation in the general population. Despite decades of research, there is no clear consensus on why minority youths enter and penetrate the juvenile justice system at such disproportionate rates. Both public and academic discourses have tended to highlight two explanations: (1) minority overrepresentation reflects race and ethnic differences in the incidence, seriousness, and persistence of delinquent involvement (the “differential offending” hypothesis) and (2) overrepresentation is attributable to inequities—intended or unintended—in juvenile justice practice (the “differential treatment” hypothesis). This chapter reviews the research literature bearing on the second of these claims and, more specifically, explores the mechanisms through which race and ethnicity influence juvenile justice system responses.
Geoff K. Ward
- Published in print:
- 2012
- Published Online:
- February 2013
- ISBN:
- 9780226873169
- eISBN:
- 9780226873190
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226873190.003.0001
- Subject:
- Sociology, Race and Ethnicity
This book brings together findings from the author's years spent pondering the questions related to black adults' experience and how they have shaped the development of American juvenile justice, and ...
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This book brings together findings from the author's years spent pondering the questions related to black adults' experience and how they have shaped the development of American juvenile justice, and the legacies or lessons today of this racial history. It details the sociohistorical origins and organization of Jim Crow juvenile justice as well as the social movement by generations of black Americans to replace the white supremacist parental state with an idealized racial structure of democratic social control. The anticipated racially democratic juvenile justice system was thought to provide for equal black youth opportunity and black adult representation or authority in the administration of liberal rehabilitative ideals, enlisting the supposed manufactory of citizens in the production of a racially inclusive liberal democracy. Over a century after the birth of Jim Crow juvenile justice, this book offers a detailed account of this peculiar institution and how it collided with black freedom dreams to spawn a long movement on behalf of that entity W. E. B. DuBois called “the immortal child,” in a veiled reference to group fate. This book argues that this racial history of juvenile justice helps fill the research gaps in the historical literature and challenges much of what has been established as general institutional history.Less
This book brings together findings from the author's years spent pondering the questions related to black adults' experience and how they have shaped the development of American juvenile justice, and the legacies or lessons today of this racial history. It details the sociohistorical origins and organization of Jim Crow juvenile justice as well as the social movement by generations of black Americans to replace the white supremacist parental state with an idealized racial structure of democratic social control. The anticipated racially democratic juvenile justice system was thought to provide for equal black youth opportunity and black adult representation or authority in the administration of liberal rehabilitative ideals, enlisting the supposed manufactory of citizens in the production of a racially inclusive liberal democracy. Over a century after the birth of Jim Crow juvenile justice, this book offers a detailed account of this peculiar institution and how it collided with black freedom dreams to spawn a long movement on behalf of that entity W. E. B. DuBois called “the immortal child,” in a veiled reference to group fate. This book argues that this racial history of juvenile justice helps fill the research gaps in the historical literature and challenges much of what has been established as general institutional history.
Pamela Blume Leonard
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195394641
- eISBN:
- 9780199863365
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195394641.003.0003
- Subject:
- Social Work, Communities and Organizations
This chapter explores critical topic areas required for an introduction to restorative justice and social work. Specifically, it seeks to answer the questions: What is restorative justice? How did it ...
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This chapter explores critical topic areas required for an introduction to restorative justice and social work. Specifically, it seeks to answer the questions: What is restorative justice? How did it come to being? What are its present applications? Next the chapter explores the foundation of restorative justice, namely its values and principles. It then examines restorative justice as a practice and describes the major restorative justice responses such as victim-offender dialogue and interactions with juvenile offenders which brought about the field of restorative justice. The chapter includes information from theory and practice and findings from empirical studies. It then reviews both the strengths of restorative justice as described in the literature as well as the arguments made by its detractors, and postulates the next steps.Less
This chapter explores critical topic areas required for an introduction to restorative justice and social work. Specifically, it seeks to answer the questions: What is restorative justice? How did it come to being? What are its present applications? Next the chapter explores the foundation of restorative justice, namely its values and principles. It then examines restorative justice as a practice and describes the major restorative justice responses such as victim-offender dialogue and interactions with juvenile offenders which brought about the field of restorative justice. The chapter includes information from theory and practice and findings from empirical studies. It then reviews both the strengths of restorative justice as described in the literature as well as the arguments made by its detractors, and postulates the next steps.
