Faith in childhood, and its corollary that separate courts are required for children because they are developmentally different from adults, appears to be vanishing in the USA. This book examines one of America's most influential legal inventions and its future.
This new edition upon the 50th anniversary of In re Gault includes expanded coverage of the Roberts Court’s juvenile justice decisions including Miller v. Alabama; explains how disregard for children’s constitutional rights led to the “Kids for Cash” scandal in Pennsylvania; new legal developments in the Gault case; and, updates the bibliography and chronology. When fifteen-year-old Gerald Gault of Globe, Arizona, allegedly made an obscene phone call to a neighbor, he was arrested by the local police, tried in a proceeding that did not require his accuser’s testimony, and sentenced to six years in a juvenile “boot camp”—for an offense that would have cost an adult only two months. Even in a nation fed up with juvenile delinquency, that sentence seemed excessive and inspired a spirited defense on Gault’s behalf. Led by Norman Dorsen, the ACLU ultimately took Gault’s case to the Supreme Court and in 1967 won a landmark decision authored by Justice Abe Fortas. Widely celebrated as the most important children’s rights case of the twentieth century, In re Gault affirmed that children have some of the same rights as adults and formally incorporated the Fourteenth Amendment’s due process protections into the administration of the nation’s juvenile courts.
This work will be very valuable for academic and public libraries supporting prelaw, law, social, and cultural studies. Summing Up: Highly recommended. Upper-level undergraduates through professionals/practitioners; general readers." —CHOICE There are two aspects of scholarship about the legal systems of our day that are especially salient—one being for the first time there is a fair amount of genuine research on legal systems, and two, that this research is increasingly global. As soon as you cross a jurisdictional line, even if it separates countries that are very similar, you enter a different legal system. It cannot be assumed that any particular rule, doctrine, or practice is the same in any two jurisdictions, regardless of how close these jurisdictions are, in terms of history and tradition. The Encyclopedia of Law and Society is the largest comprehensive and international treatment of the law and society field. With an Advisory Board of 62 members from 20 countries and six continents, the three volumes of this state-of-the-art resource represent interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics. By globalizing the Encyclopedia′s coverage, American and international law and society will be better understood within its historical and comparative context. Key Features: Includes more than 700 biographical entries that are historical, comparative, topical, thematic, and methodological Presents the rich diversity of European, Latin American, Asian, African, and Australasian developments for the first time in one place to reveal the truly holistic, interdisciplinary virtues of law and society Examines how and why legal systems grow and change, how and why they respond (or fail to respond) to their environment, how and why they impact the life of society, and how and why the life of society impacts in turn these legal systems With borders more porous than ever before, this Encyclopedia reflects the paradoxical reality of modern life, including legal life. This valuable resource aims to present research, along with the theories on which it is grounded, fairly and comprehensively and is a must-have for all academic libraries.
Everyday Law for Children provides an accessible introduction to laws that affect children and families and the dominant public debates that surround and drive these laws. Using real-world examples, the book exposes the tension between reliance on the private, autonomous family and the public's desire to secure child well-being. A look at some public systems, such as child welfare and juvenile delinquency, shows that an initial public aspiration to assist children and families is often frustrated by a lack of resolve and resources. In other areas, such as education and healthcare, the public shrinks from a commitment to comprehensive child well-being. Everyday Law for Children makes a case for the improvement of public systems by focusing on pragmatic goals related to child well-being. More immediately, it makes a case for zealous advocates for children who can have a dramatic impact on children's everyday lives. Accordingly, the book provides an annotated list of resources and contact information for parents and for service providers who need help addressing specific problems within complex public systems.
From the first incident of petty theft to modern media piracy, crime and punishment have been a part of every society. However, the structure and values of a particular society shape both the incidences of crime and the punishment of criminals. When the United States became an independent nation, politicians and civilians began the process of deciding which systems of punishment were appropriate for dealing with crimea process that continues to this day. Crime and Punishment in America examines the development of crime and punishment in the United Statesfrom the criminal justice practices of American Indians and the influence of colonists to the mistreatment of slaves, as well as such current criminal issues as the response to international terrorism.
A law professor and former prosecutor reveals how inconsistent ideas about violence, enshrined in law, are at the root of the problems that plague our entire criminal justice system—from mass incarceration to police brutality. We take for granted that some crimes are violent and others aren’t. But how do we decide what counts as a violent act? David Alan Sklansky argues that legal notions about violence—its definition, causes, and moral significance—are functions of political choices, not eternal truths. And these choices are central to failures of our criminal justice system. The common distinction between violent and nonviolent acts, for example, played virtually no role in criminal law before the latter half of the twentieth century. Yet to this day, with more crimes than ever called “violent,” this distinction determines how we judge the seriousness of an offense, as well as the perpetrator’s debt and danger to society. Similarly, criminal law today treats violence as a pathology of individual character. But in other areas of law, including the procedural law that covers police conduct, the situational context of violence carries more weight. The result of these inconsistencies, and of society’s unique fear of violence since the 1960s, has been an application of law that reinforces inequities of race and class, undermining law’s legitimacy. A Pattern of Violence shows that novel legal philosophies of violence have motivated mass incarceration, blunted efforts to hold police accountable, constrained responses to sexual assault and domestic abuse, pushed juvenile offenders into adult prisons, encouraged toleration of prison violence, and limited responses to mass shootings. Reforming legal notions of violence is therefore an essential step toward justice.
In his engaging narrative history of the rise and workings of America's first juvenile court, David S. Tanenhaus explores the fundamental and enduring question of how the law should treat the young. Sifting through almost 3,000 previously unexamined Chicago case files from the early twentieth century, Tanenhaus reveals how children's advocates slowly built up a separate system for juveniles, all the while fighting political and legal battles to legitimate this controversial institution. Harkening back to a more hopeful and nuanced age, Juvenile Justice in the Making provides a valuable historical framework for thinking about youth policy.
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