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 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 Youth on Trial written by Thomas Grisso and published by University of Chicago Press. This book was released on 2003 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Youths are on trial today in two ways. In the first sense, whereas youths once faced delinquency hearings in juvenile courts, now with increasing frequency they stand trial in criminal courts. In the second sense, recent reforms in juvenile justice have placed the notion of youth itself on trial. Society's trend toward responding to adolescent offenders as adults asks that we set aside traditional presumptions about adolescence as a condition of immaturity that warrants mitigation. The ensuing debate highlights the need for evidence to address whether youths' capacities are sufficiently different from adults to warrant different legal responses to their transgressions.
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 In Defense of Youth written by William Vaughn Stapleton and published by Russell Sage Foundation. This book was released on 1972-11-15 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years the decisions of the United States Supreme Court in the area of juvenile law and the growing public awareness of the delinquency problem have brought about drastic changes in American juvenile courts. This book represents a major research effort to determine the effect of defense counsel's performance on the conduct and outcome of delinquency cases. After a brief historical analysis of the factors leading to changes in juvenile law, the authors explore in detail the impact of the lawyer's presence and performance on the outcomes of cases in two juvenile courts. The analysis further explores the various factors influencing a lawyer's defense posture and develops the thesis that the effectiveness of counsel is determined largely by the structure of the delinquency hearing and the willingness and ability of court personnel and procedures to adapt to the introduction of an adversarial role of defense counsel. What makes this study unique is the large-scale effort to combine legal analysis and sociological methodology to the study of an action-oriented program. The use of the classical experimental design, the selection of control and experimental groups by random assignment, and the extent to which the use of this methodology increases the validity of the results, will be of interest to both lawyers and social scientists. The book is a major contribution to the growing literature in the field of the sociology of law.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Due Process Protections for Youth written by Emily K. Pelletier and published by Routledge. This book was released on 2019-11-27 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph illuminates the connections between juvenile defense policies and the racially disparate impact of the juvenile justice system. The limited data that exist on youth in the juvenile justice system consistently depict disparate contact and outcomes for black youth across the system. The broad rehabilitative goals of the U.S. juvenile justice system, along with the "best interest" legal standard of the child welfare system, muddle the protection of youth due process rights. States differ widely in their policies granting defense counsel, and many policies lack specific language for policies addressing notions such as appointment timing, duration of representation, waiver criteria, and role of counsel. Using a combination of legal and sociological research methods, this book examines the lack of specificity in the language of juvenile defense policies and connects the dots between this deficiency with the racially disparate impact of the system, contextualizing findings within a broader theoretical constructs of race and law. The author introduces common elements of juvenile defense policies, describes their impact, and makes suggestions for strengthening defense counsel policies. The book concludes with a call to action regarding expanded data-collection practices for juvenile delinquency courts. This book is essential reading for those engaged in youth and juvenile justice efforts and scholars interested in issues surrounding due process, race, class, social policy, and justice.
Download or read book Trial Manual for Defense Attorneys in Juvenile Delinquency Cases written by Randy Hertz and published by American Bar Association. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This updated second edition is a complete how-to guidebook for handling juvenile court cases from beginning to end. It details the tasks, skills, rules of law, and issues of strategic judgment involved in representing clients in juvenile court. If you have little or no juvenile court experience and are called upon to represent a juvenile client, this complete guide is sure to help you face the situation more in charge and at ease.
Download or read book Bad Kids written by Barry C. Feld and published by Oxford University Press. This book was released on 1999-03-18 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a leading scholar of juvenile justice, this book examines the social and legal changes that have transformed the juvenile court in the last three decades from a nominally rehabilitative welfare agency into a scaled-down criminal court for young offenders. It explores the complex relationship between race and youth crime to explain both the Supreme Court decisions to provide delinquents with procedural justice and the more recent political impetus to "get tough" on young offenders. This provocative book will be necessary reading for criminal and juvenile justice scholars, sociologists, legislators, and juvenile justice personnel.
Download or read book Justice for Children written by Barry C. Feld and published by . This book was released on 1993 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: An extensive study of juvenile justice administration in the wake of the 1967 Supreme Court decision In re Gault.
Download or read book Trial Manual 6 for the Defense of Criminal Cases 2019 Supplement written by Anthony G. Amsterdam and published by . This book was released on 2019-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Symposium 2007 written by and published by . This book was released on 2007 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Trial Manual for Defense Attorneys in Juvenile Court written by Randy Hertz and published by . This book was released on 2008 with total page 62 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 Standards Relating to Counsel for Private Parties written by Lee E. Teitelbaum and published by . This book was released on 1976 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bad Kids written by Barry C. Feld and published by Oxford University Press. This book was released on 1999-03-18 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a leading scholar of juvenile justice, this book examines the social and legal changes that have transformed the juvenile court in the last three decades from a nominally rehabilitative welfare agency into a scaled-down criminal court for young offenders. It explores the complex relationship between race and youth crime to explain both the Supreme Court decisions to provide delinquents with procedural justice and the more recent political impetus to "get tough" on young offenders. This provocative book will be necessary reading for criminal and juvenile justice scholars, sociologists, legislators, and juvenile justice personnel.
