Download or read book Juveniles Waiver of Rights written by Thomas Grisso and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: The research studies reported in this book were completed between June, 1976 and November, 1979, with a USPHS research grant (MH- 27849) from the Center for Studies of Crime and Delinquency, National Institute of Mental Health. Every phase of the project was an exercise in combining the research methods of psychology with the concerns of law, legal systems, and legal process. Research psychologists will be especially interested in our efforts to apply psychological constructs and research methods to a difficult decision-making problem in law. This report describes in some detail the project's development of experimental measures of psychological condi tions related to legal standards and demonstrates the ways in which research design was influenced by concerns of law and the juvenile justice system. Lawyers, judges, and youth advocate groups have already ex pressed considerable interest in the implications of the project's results for the formation and modification of juvenile law and procedure. In each chapter, I have attempted to describe carefully the ways in which the empirical research results are applicable to these concerns, and I have tried to specify the limits which must be acknowledged in inter preting the results for application in the legal process.
Download or read book Juveniles Waiver of Rights written by Thomas Grisso and published by . This book was released on 1981 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rights of Juveniles written by Samuel M. Davis and published by . This book was released on 1990 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Waiving Childhood Goodbye written by Ken King and published by . This book was released on 2007 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article explores how the states apply the totality of the circumstances test to evaluate whether a juvenile has knowingly, intelligently and voluntarily waived Miranda rights in light of recent advances in the scientific understanding of brain development and adolescent development more generally. The article notes that the Supreme Court's adoption of the totality test, which is a product of adult Miranda jurisprudence, as the measure of the legality of a juvenile's Miranda waiver, Fare v. Michael C., 412 U.S. 707 (1979), signaled a departure from due process concepts of fairness that animated Court's early decisions on a juvenile's rights in delinquency proceedings. The article reviews state law applying the totality test and argues that in light of the current understanding of adolescent reasoning capacity, the totality test does not protect juveniles from unknowing, unintelligent and involuntary waivers of Miranda rights. Accordingly, the article advocates for a rule requiring that all juveniles must consult with counsel prior to waiving Miranda rights and providing that an uncounseled waiver will be considered to be unknowing, unintelligent and involuntary.
Download or read book SOU CCJ230 Introduction to the American Criminal Justice System written by Alison Burke and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Juveniles in Court written by Melissa Sickmund and published by . This book was released on 2003 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reforming Juvenile Justice written by National Research Council and published by National Academies Press. This book was released on 2013-05-22 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Juvenile Crime Juvenile Justice written by Institute of Medicine and published by National Academies Press. This book was released on 2001-06-05 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even though youth crime rates have fallen since the mid-1990s, public fear and political rhetoric over the issue have heightened. The Columbine shootings and other sensational incidents add to the furor. Often overlooked are the underlying problems of child poverty, social disadvantage, and the pitfalls inherent to adolescent decisionmaking that contribute to youth crime. From a policy standpoint, adolescent offenders are caught in the crossfire between nurturance of youth and punishment of criminals, between rehabilitation and "get tough" pronouncements. In the midst of this emotional debate, the National Research Council's Panel on Juvenile Crime steps forward with an authoritative review of the best available data and analysis. Juvenile Crime, Juvenile Justice presents recommendations for addressing the many aspects of America's youth crime problem. This timely release discusses patterns and trends in crimes by children and adolescentsâ€"trends revealed by arrest data, victim reports, and other sources; youth crime within general crime; and race and sex disparities. The book explores desistanceâ€"the probability that delinquency or criminal activities decrease with ageâ€"and evaluates different approaches to predicting future crime rates. Why do young people turn to delinquency? Juvenile Crime, Juvenile Justice presents what we know and what we urgently need to find out about contributing factors, ranging from prenatal care, differences in temperament, and family influences to the role of peer relationships, the impact of the school policies toward delinquency, and the broader influences of the neighborhood and community. Equally important, this book examines a range of solutions: Prevention and intervention efforts directed to individuals, peer groups, and families, as well as day care-, school- and community-based initiatives. Intervention within the juvenile justice system. Role of the police. Processing and detention of youth offenders. Transferring youths to the adult judicial system. Residential placement of juveniles. The book includes background on the American juvenile court system, useful comparisons with the juvenile justice systems of other nations, and other important information for assessing this problem.
Download or read book Miranda Rights Comprehension Instruments MRCI written by Naomi E. Sevin Goldstein and published by Professional Resource Press. This book was released on 2014-08-01 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Waiver of Counsel in Juvenile Court written by Jennifer L. Woolard and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A waive of the 6th Amendment right to counsel, a foundational due process entitlement, must be knowing, intelligent, and voluntary. Yet, many youth waive the right to an attorney in delinquency proceedings. Moreover, at the adjudication stage of delinquency proceedings waiver of counsel is, almost without exception, connected to an "admission," or guilty plea. Research suggests that adolescents' immature psychological development may affect their decisional capacities regarding constitutional rights in ways that fully mature capacities would not. The goal of this study was to examine age-based differences in knowledge and beliefs regarding the role of counsel, presumptions about counsel, and maturity of judgment when making decisions about waiving the right to counsel or the right to trial in a plea context. One hundred twenty-five justice-experienced adolescents ages 11 to 18 and 96 parents completed semi-structured interviews assessing their understanding, beliefs, and decisions regarding the right to counsel and the right to a trial. Virtually all adolescents and adults believed having an attorney is better than waiving counsel. Adolescents differed significantly from parents in some aspects of understanding the role of lawyers as well as their assessment of risks and benefits of the right to counsel and taking a plea. However, a number of parents also held misconceptions about lawyers and pleas. Implications for changes in policy and practice are discussed
Download or read book Your Legal Rights as a Juvenile Tried as an Adult written by Cristen Nagle and published by The Rosen Publishing Group, Inc. This book was released on 2014-12-15 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: Teens who find themselves in trouble with the law need to know how to deal with the justice system. The fact that a teen can be tried either as a juvenile, and proceed through the juvenile justice system, or as an adult, and proceed through the criminal justice system, complicates this. This user-friendly guidebook explains the differences between the two systems and the advantages and disadvantages of each. It emphasizes how teens can use their constitutional rights to defend themselves. Specific scenarios make abstract concepts easy to grasp. The author and the expert reader are both practicing lawyers.
Download or read book A System Analysis of Children s Waiver of Rights to Counsel written by Melanie Anne Chieu and published by . This book was released on 1998 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Convicting the Innocent written by Brandon L. Garrett and published by Harvard University Press. This book was released on 2011-08-04 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: On January 20, 1984, Earl Washington—defended for all of forty minutes by a lawyer who had never tried a death penalty case—was found guilty of rape and murder in the state of Virginia and sentenced to death. After nine years on death row, DNA testing cast doubt on his conviction and saved his life. However, he spent another eight years in prison before more sophisticated DNA technology proved his innocence and convicted the guilty man. DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling in-depth analysis, Brandon Garrett examines what went wrong in the cases of the first 250 wrongfully convicted people to be exonerated by DNA testing. Based on trial transcripts, Garrett’s investigation into the causes of wrongful convictions reveals larger patterns of incompetence, abuse, and error. Evidence corrupted by suggestive eyewitness procedures, coercive interrogations, unsound and unreliable forensics, shoddy investigative practices, cognitive bias, and poor lawyering illustrates the weaknesses built into our current criminal justice system. Garrett proposes practical reforms that rely more on documented, recorded, and audited evidence, and less on fallible human memory. Very few crimes committed in the United States involve biological evidence that can be tested using DNA. How many unjust convictions are there that we will never discover? Convicting the Innocent makes a powerful case for systemic reforms to improve the accuracy of all criminal cases.
Download or read book Juveniles at Risk written by Christopher Slobogin and published by Oxford University Press. This book was released on 2011-08-01 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Slobogin and Fondacaro present their vision for a new juvenile justice system, founded on the evidence at hand and promoting the principles of rehabilitation and reintegration into society. The authors develop their juvenile justice policy proposals effectively by carefully addressing the problems with past policy approches and recent theoretical contributions.
Download or read book The Changing Borders of Juvenile Justice written by Jeffrey Fagan and published by University of Chicago Press. This book was released on 2000-09 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Addressing Relative Criteria for Miranda Waivers written by Sharon Lynn Kelley and published by . This book was released on 2014 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concerns about juveniles' abilities to understand and appreciate their Miranda rights, as well as empirical evidence about juveniles' deficits in Miranda comprehension, are well documented in the legal and psychological literature. However, it has been over 30 years since juveniles' abilities relative to adults have been evaluated. In this study, juveniles' (n = 183) and adults' (n = 103) performance on the Miranda Rights Comprehension Instruments (MRCI) were compared, and the relationship between age and Miranda comprehension was evaluated across both samples. Results revealed that juveniles scored significantly lower than adults on all MRCI subtests and that age and Miranda comprehension had a meaningful, but not perfectly linear relationship. With respect to Miranda understanding, significant differences were observed between younger and older adolescents, with tapering improvement into adulthood. Significant improvements were observed on Miranda vocabulary and appreciation well into adulthood. Results are discussed in the context of neurological development and adolescents' developmental immaturity, specifically in terms of implications for greater Miranda waiver protections for juveniles and young adults during custodial interrogations.
Download or read book Children s Rights in the United States written by Nancy E. Walker and published by SAGE. This book was released on 1999 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rights of Children in the United States provides discussion on: the historical and contextual perspective on the rights of children; the UN Convention on the Rights of the Child; and the differing views on children's rights and competencies.
