싸니까 믿으니까 인터파크도서

Preface	p. xviii
An Overview of Juvenile Justice	p. 1
The Background and History of the Juvenile Justice System	p. 3
The Concept of Juvenile Responsibility	p. 3
Parens Patriae: The State as Parent	p. 3
Juvenile Justice History in America	p. 5
Juvenile Versus Adult Justice Systems	p. 9
Differences Between the Two Systems	p. 9
Similarities Between the Two Systems	p. 10
Juveniles, Delinquency, and the Law	p. 13
Juvenile Defined	p. 13
Delinquency Defined	p. 15
The Scope of the Juvenile Justice System	p. 17
Delinquent Offenders	p. 17
Status Offenders	p. 18
Dependent and Neglected Children	p. 18
An Overview of the Juvenile Justice Process	p. 19
Initial Contact	p. 19
Intake	p. 21
Adjudication	p. 22
Disposition	p. 22
Aftercare	p. 25
Summary	p. 27
Review Questions	p. 27
Key Terms and Definitions	p. 28
For Further Research	p. 30
Theories and Measurement of Juvenile Delinquency	p. 31
Theories of Juvenile Delinquency	p. 33
The Emergence of the Classical School	p. 34
Biology, Determinism, and the Positive School	p. 36
Psychological Explanations of Delinquency	p. 40
Sociological Explanations of Delinquency	p. 41
Developmental and Life-Course Perspectives	p. 52
Delinquency Theories and the Juvenile Justice System, Process, and Law	p. 55
Measuring Juvenile Crime and Victimizations	p. 56
Official Data	p. 58
Self-Report Data	p. 61
Victimization Data	p. 63
Summary	p. 65
Review Questions	p. 66
Key Terms and Definitions	p. 67
For Further Research	p. 68
Juveniles and the Police	p. 70
Juvenile Conduct Leading to Police Involvement	p. 72
Taking Juveniles into Custody	p. 73
The Arrest Requirement and Probable Cause	p. 73
Who Determines Probable Cause?	p. 73
Establishing Probable Cause	p. 74
Arrests of Juveniles	p. 74
Police Discretion When Arresting Juveniles	p. 77
Factors That Influence Juvenile Arrest Decisions	p. 77
Juvenile Arrests	p. 83
How Arrests Are Counted	p. 83
The Number and Trend of Juvenile Arrests	p. 83
Legal Rights of Juveniles During Stop and Frisk, Arrests, and Searches and Seizures	p. 85
Stop and Frisk of Juveniles	p. 86
Arrests of Persons	p. 86
Searches and Seizures	p. 88
School Searches and Police Assistance	p. 90
Case Brief: New Jersey v.T.L.O.	p. 91
General Search Conditions for Juvenile Probationers	p. 94
Custody and Interrogation of Juveniles	p. 95
Miranda Wording and Juveniles	p. 96
When Is a Suspect Under "Custodial Interrogation" for Miranda Purposes?	p. 96
A Juvenile May Waive Miranda Rights: The Totality of Circumstances Test	p. 99
Per Se Rules and Juvenile Waiver	p. 100
Refusal to Waive Miranda Must Be Clear and Unambiguous	p. 102
Confidentiality and the Police	p. 102
Fingerprinting	p. 103
DNA Samples	p. 105
Lineups and Photographs	p. 106
Media, Juveniles, and the Police	p. 106
Summary	p. 107
Review Questions	p. 108
Key Terms and Definitions	p. 109
For Further Research	p. 110
Intake and Diversion	p. 111
The Intake Process	p. 113
What Is Intake?	p. 113
Who Handles Intake?	p. 114
Who Makes a Delinquency Referral to Intake Officers?	p. 116
Procedures and Decisions at Intake	p. 117
The Legal Rights of Juveniles at Intake	p. 120
Is Intake a "Critical Stage" Requiring Counsel?	p. 121
Admissibility of Intake Information at Adjudication Proceedings	p. 122
Case Brief: In re Wayne H.	p. 123
General Guidelines on the Admissibility of Intake Information in Adjudication Proceedings	p. 124
The Diversion Process	p. 126
What Is Diversion?	p. 126
Examples of Diversion Programs	p. 127
Who Qualifies for Diversion?	p. 127
What Happens If a Youth Refuses to Accept Diversion?	p. 128
The Legal Rights of Juveniles in Diversion	p. 129
Do Juveniles Have a Constitutional Right to Diversion?	p. 129
Is a Hearing Required to Deny Diversion?	p. 130
Cases Similarly Situated and Diversion Offers	p. 130
Removing a Youth from Diversion	p. 131
Diversion and Double Jeopardy	p. 132
May Prior Diversions Be Used to Increase Future Sentences?	p. 133
Extralegal Issues in Diversion	p. 134
Bias in Selection for Diversion	p. 134
Does Diversion Promote Further Contact with the Juvenile Justice System?	p. 136
Diversion and Net Widening	p. 137
Summary	p. 138
Review Questions	p. 139
Key Terms and Definitions	p. 139
For Further Research	p. 140
Status Offenders, Dependent and Neglected Youths, and Juvenile Victimizations	p. 141
Historical Methods of Dealing with Nondelinquents	p. 143
The Juvenile Justice and Delinquency Prevention Act (JJDPA) of 1974	p. 145
Core Requirements of the JJDPA of 1974	p. 146
Amendments to the JJDPA of 1974	p. 147
The Juvenile Justice System and Status Offenders	p. 147
Justification for Juvenile Justice Intervention for Status Offenders Today	p. 148
The Juvenile Court Process for Status Offenders	p. 148
The Rights of Status Offenders in Adjudication Proceedings	p. 149
Dispositions for Status Offenders	p. 149
Status Offense Case Processing in the Juvenile Justice System	p. 151
Initial Contact	p. 152
Intake	p. 154
Adjudication	p. 154
Disposition	p. 154
Dependency, Neglect, and the Juvenile Justice System	p. 155
Reasons for Juvenile Court Intervention for Dependent and Neglected Youths	p. 155
Forms of Dependency and Neglect	p. 158
Agencies Dealing with Dependency and Neglect	p. 159
The Extent of Dependency and Neglect	p. 163
Juvenile Court Processing for Dependency and Neglect	p. 166
Court Petition or Complaint	p. 167
Mediation	p. 168
Court Hearing	p. 168
Disposition	p. 169
Juvenile Victimizations	p. 170
Summary	p. 173
Review Questions	p. 174
Key Terms and Definitions	p. 174
For Further Research	p. 176
Detention and Transfer to Adult Court	p. 177
Pre-adjudication Detention of Juveniles	p. 179
The Purpose of Juvenile Detention	p. 179
Detention Trends	p. 180
Detention Procedures and the Rights of Detained Juveniles	p. 181
Detention Intake	p. 181
The Required Detention Hearing	p. 182
The Rights of Juveniles at Detention Hearings	p. 185
Do Juveniles Have a Constitutional Right to Bail If Detained?	p. 185
May a Juvenile Be Detained in an Adult Jail?	p. 186
Juvenile Transfer to Adult Court	p. 187
The Purpose of Juvenile Transfer	p. 187
Factors Influencing Transfer	p. 189
Types of Juvenile Transfer and Procedures	p. 189
Judicial Waiver	p. 191
Case Brief: Kent v. United States	p. 192
Prosecutorial Waiver	p. 196
Legislative Waiver	p. 197
Choosing the Transfer Method	p. 199
The Impact of Juvenile Transfer	p. 202
Removing Serious Offenders	p. 203
Longer Sentences and Harsher Penalties?	p. 203
Summary	p. 204
Review Questions	p. 205
Key Terms and Definitions	p. 206
For Further Research	p. 207
The National Court System and the Juvenile Courts	p. 208
The Court System and Its Process	p. 210
The Federal Court System	p. 210
The State Court System	p. 211
The Appeals Process	p. 213
The Geographical Boundaries of Court Decisions	p. 214
Judicial Precedent (Stare Decisis)	p. 214
Federal Versus State Jurisdiction	p. 216
Juveniles in Federal Court	p. 217
A Cautionary Note	p. 219
The Origin and Formation of the First Juvenile Court	p. 219
What Led Up to Juvenile Courts	p. 219
The First Juvenile Court	p. 221
The Juvenile Court Structure	p. 224
The Organization of Juvenile Courts	p. 224
Do Juvenile Courts Have Jurisdiction in All Matters Involving Juveniles?	p. 224
Should There Be a Unified or Coordinated Juvenile Court?	p. 225
The Administration of Juvenile Courts	p. 226
Specialized Juvenile Courts	p. 229
Juvenile Court Personnel	p. 233
Is a Separate Juvenile Court Needed?	p. 237
Summary	p. 239
Review Questions	p. 240
Key Terms and Definitions	p. 241
For Further Research	p. 242
Adjudication of Juveniles	p. 243
The Past and the Present	p. 245
Adjudication of Juveniles in the Past	p. 245
Adjudication of Juveniles Today	p. 246
Juvenile Adjudication Compared with Adult Criminal Trial	p. 246
Similarities to the Adult Trial	p. 246
Differences with the Adult Trial	p. 247
Procedures During Adjudication	p. 247
The Arraignment	p. 247
The Plea	p. 248
The Selection of Jurors (in Cases Tried Before a Jury)	p. 249
The Presentation of the Case for the Prosecution	p. 250
The Presentation of the Case for the Defense	p. 250
The Closing Arguments	p. 250
The Judge's Instructions to the Jury	p. 251
Jury Deliberation	p. 251
The Verdict	p. 251
The Rights of Juveniles During Trial	p. 252
In re Gault (1967): The Leading Case in Juvenile Adjudication	p. 252
The Right to a Lawyer	p. 253
The Privilege Against Self-Incrimination	p. 256
The Right to Notice of the Charges	p. 257
The Right Against Double Jeopardy: Breed v. Jones (1975)	p. 258
The Right to Due Process	p. 258
The Right to Proof of Guilt Beyond a Reasonable Doubt	p. 259
Case Brief: In re Winship	p. 260
Waiver of Constitutional Rights	p. 261
Constitutional Rights During Trial Not Given to Juveniles	p. 262
No Right to a Trial by Jury	p. 262
No Right to a Public Trial	p. 264
The Exclusionary Rule and Juvenile Adjudication	p. 265
Summary	p. 266
Review Questions	p. 267
Key Terms and Definitions	p. 267
For Further Research	p. 268
Disposition and Appeal	p. 269
Disposition	p. 271
The Goals of Disposition: Ideals Versus Reality	p. 272
Discretion in Dispositions	p. 276
When Disposition Takes Place	p. 276
The Disposition Plan	p. 278
Roles During Dispositions	p. 278
Kinds of Dispositions	p. 279
Placement in an Institution	p. 280
Probation	p. 281
Other Sanctions That Leave the Juvenile in the Community	p. 282
The Death Penalty	p. 285
Blended Sentencing	p. 286
Legal and Constitutional Issues in Dispositions	p. 289
The Rights of Juveniles During Dispositions	p. 289
The Use of Illegally Obtained Evidence in Dispositions	p. 289
Case Brief: Haley v. Ohio	p. 290
Juveniles and "Three Strikes and You're Out" Sentences	p. 292
Juveniles Confined Longer Than Adults for Similar Offenses	p. 293
The Use of Juvenile Records If Later Sentenced as an Adult	p. 293
Punishing Parents for What Their Children Do	p. 294
Juveniles and the Right to Appeal	p. 296
Juveniles May Appeal a Conviction and Disposition	p. 296
Juveniles May Be Released While an Appeal Is Pending	p. 296
Appeal Distinguished from Habeas Corpus	p. 297
Towards a More Progressive Approach to Juvenile Disposition	p. 297
Summary	p. 298
Review Questions	p. 299
Key Terms and Definitions	p. 299
For Further Research	p. 300
Juvenile Probation and Parole	p. 301
Probation and Parole	p. 303
Similarities	p. 303
Differences	p. 303
The Origin and History of Juvenile Probation	p. 304
The Organization and Administration of Probation and Parole	p. 305
Conditions of Probation and Parole	p. 306
General Conditions	p. 306
Kinds of Conditions	p. 308
Modification of Conditions	p. 309
Supervision	p. 309
Standards and Goals	p. 309
The Juvenile Probation Officer	p. 310
Fare v. Michael C. (1979): An Important Case in Juvenile Supervision	p. 312
Other Community-Based Programs	p. 314
Intensive Supervision Probation (ISP)	p. 315
Shock Probation	p. 315
School-Based Probation	p. 316
Family Counseling	p. 317
Juvenile Boot Camps	p. 318
Legal Issues in Probation and Parole Practices	p. 319
Searches and Seizures of Probationers and Parolees	p. 319
Miranda Warnings and Interrogation by Probation Officers	p. 320
Problems in Partnerships Between Probation Officers and Police Officers	p. 321
Testing Juveniles for Drugs	p. 323
Curfews	p. 324
The Probation Records of Juveniles	p. 325
Revocation of Probation	p. 326
The Initiation of Revocation	p. 327
The Lack of Legal Standards for Revocation	p. 327
Juveniles' Rights Prior to Revocation	p. 327
The Results of Revocation	p. 328
Case Brief: Gagnon v. Scarpelli	p. 329
Summary	p. 330
Review Questions	p. 331
Key Terms and Definitions	p. 331
For Further Research	p. 332
Juvenile Correctional Institutions	p. 333
The Development and Evolution of Juvenile Institutions	p. 335
The Early Seeds of Juvenile Institutions: Almshouses and Orphanages (1600s-1820s)	p. 335
The First Juvenile Institutions: Houses of Refuge (1825-1850s)	p. 337
Reformatories, Training Schools, and the Cottage System (1846-1980s)	p. 338
The Juvenile Correctional Facility (1980s-Present)	p. 341
Types of Juvenile Placements	p. 342
Pre-adjudication Placements for Delinquents	p. 342
Post-adjudication Placements for Delinquents	p. 347
Placements for Nondelinquents	p. 362
Conditions of Confinement and the Rights of Institutionalized Juveniles	p. 364
Conditions of Confinement in Juvenile Institutions	p. 364
The Rights of Institutionalized Juveniles	p. 367
Case Brief: Morales v. Turman	p. 370
Summary	p. 377
Review Questions	p. 378
Key Terms and Definitions	p. 378
For Further Research	p. 379
The Death Penalty for Juveniles: Roper v. Simmons (2005)	p. 381
The Death Penalty in General	p. 383
Background	p. 383
U.S. Supreme Court Cases	p. 384
The Death Penalty for Juveniles Before Simmons	p. 386
Background	p. 386
The Laws and Practices Before Simmons	p. 386
U.S. Supreme Court Cases Before Simmons	p. 388
"Evolving Standards of Decency" as a Test for Constitutionality	p. 390
Developments Before Simmons	p. 392
Infrequent Executions	p. 392
The International Scene	p. 392
Atkins v. Virginia (2002): A Judicial Precedent for Simmons	p. 392
Roper v. Simmons (2005): The Death Penalty for Juveniles Is Unconstitutional	p. 393
The Holding and the Issue	p. 393
The Facts	p. 393
Unusual Circumstances	p. 394
The Majority Opinion by Five Justices	p. 395
The Dissenting Opinions by Four Justices	p. 396
What Happens After Roper v. Simmons?	p. 398
Summary	p. 399
Review Questions	p. 400
Key Terms and Definitions	p. 400
For Further Research	p. 401
Schools, School Crime, and the Rights of Students	p. 402
Juveniles, the Law, and Schools	p. 404
The Legal Basis of School Authority	p. 404
Legal Issues in Regulating Student Behavior	p. 405
Case Brief: Pottawatomie County v. Earls	p. 414
The Extent of School Crime	p. 417
Measuring School Crime	p. 418
School Crime in the 1990s	p. 418
The Bottom Line on School Crime	p. 424
Making Schools Safe-Can It Be Done?	p. 425
Zero Tolerance Politices	p. 425
Security Measures in Schools-Are They Effective?	p. 429
School Partnerships with the Criminal and Juvenile Justice Systems	p. 431
Summary	p. 434
Review Questions	p. 435
Key Terms and Definitions	p. 435
For Further Research	p. 436
Juvenile Justice: Past, Present, and Future	p. 437
Reliving the Past	p. 439
The Discovery of Childhood	p. 439
A Separate Legal System for Youths	p. 440
Juvenile Justice Reform and the Erosion of Parens Patriae	p. 440
Recognizing Nondelinquents and Diversity in Juvenile Courts	p. 441
A Juvenile Crime Wave?	p. 441
The Dual Path of Juvenile Justice	p. 442
A Look at the Present	p. 442
The Current State of the Juvenile Court and the Juvenile Justice System	p. 442
Some Current Issues and Trends	p. 443
Public Opinion and Pendulum Shifts	p. 449
A Glimpse of the Future	p. 450
Females and Juvenile Justice	p. 450
Reinventing Juvenile Probation	p. 451
Five Themes and Trends in State Laws Targeting Serious Crimes Committed by Juveniles	p. 453
A Juvenile Justice System for This Century	p. 454
Summary	p. 455
Review Questions	p. 456
Key Terms and Definitions	p. 457
For Further Research	p. 458
U.S. Supreme Court Decisions in Juvenile Justice	p. 459
Where State Juvenile Laws Are Found	p. 461
Finding and Interpreting Court Cases	p. 464
Glossary	p. 467
Notes	p. 476
Index	p. 497
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